Edgmont Township City Zoning Code
ARTICLE II
Terminology
§ 365-6 Word use.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated below:
A.
The present tense includes all other tenses; the singular includes the plural, and the plural includes the singular; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed" or "arranged"; 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 "occupied" includes the words "designed, or intended to be occupied"; the word "structure" includes "building"; the word "shall" is always mandatory; the word "may" is always permissive and the word "will" is always directory. The words "as amended from time to time" and the like as applied to any statute, ordinance, code, regulation, plan or map, include 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.
B.
The word "Township" means Edgmont Township, Delaware County, Pennsylvania; the term "Board of Supervisors" means the Board of Supervisors of Edgmont Township; and the term "Planning Commission" means the Planning Commission of the Township.
C.
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.
D.
The abbreviation "PA DOT" shall mean Pennsylvania Department of Transportation; the abbreviation "PA DEP" shall mean Pennsylvania Department of Environmental Protection; and the abbreviation "DCPD" shall mean Delaware County Planning Department.
E.
Where a definition, or any part thereof, is indicated to apply to a specific article of this chapter, that definition or part thereof, unless the context indicates otherwise, shall apply only to that term as used in that article and not to the term as it generally appears in the chapter.
F.
Words not defined shall have the meaning given in this chapter or other Township codes and ordinances, the Municipalities Planning Code, or other applicable state and federal statutes, laws and regulations. If not defined in the aforementioned, the definition in the most recent edition of Merriam-Webster's Unabridged Dictionary shall be used.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 365-7 Definitions.
For the purpose of this chapter, the following words, terms and phrases have the meaning indicated herein:
The cessation of the use of a property by the owner, with the intention neither of transferring rights of the property to another owner, nor of resuming the use of the property. A use discontinued for a period of one year or more shall be presumed to have been abandoned.
See "filter field."
The owner of record of a lot which shares a common boundary to the lot to be subdivided and/or developed or which is contiguous to that section of street on which the subject lot has frontage, i.e., a lot across from the lot to be subdivided and/or developed.
A building subordinate and accessory to the principal permitted use and which is located on the same lot as the principal permitted use, and which is used for purposes customarily incidental to those of the principal permitted use.
See "accessory use structure."
A separate accessory living area involving one or more rooms either within the principal single-family detached dwelling unit or in a building accessory to the principal single-family detached dwelling unit.
A use that is incidental to and customarily used in conjunction with a principal permitted use and located on the same lot.
Any structure other than an accessory building, which is subordinate and accessory to the principal permitted use and which is located on the same lot as the principal permitted use, and which is used for purposes customarily incidental to those of the principal permitted use, such as parking areas, driveways, signs, fencing, walls, tennis courts, basketball courts, swimming pools and other similar man-made objects.
A paved surface, other than a street, which provides vehicular or pedestrian access from a street to a lot or parking area, including the area providing for the movement of vehicles around and through designated parking lots. An accessway may be a strip of land which provides access, an easement, or a driveway.
An area of land and/or water which equals 43,560 square feet.
Use involving leisure-time activities and/or areas, typically involving sports requiring equipment or occurring at prescribed sites, fields or courts (e.g., soccer, football, baseball, tennis, basketball, swimming, and the like).
The process of repurposing an existing building or structure for a new use other than for which it was originally built or designed.
[Added 10-11-2022 by Ord. No. 248]
A premises in which adult daily living services are simultaneously provided for part of a twenty-four-hour day for four or more clients who are not relatives of the operator. Such facilities shall be licensed by the Commonwealth of Pennsylvania in accordance with applicable law. For the purposes of this definition, a client shall be a resident of the commonwealth with functional impairment and is categorically eligible because the person is 60 years of age or older; or 18 years of age or older and requires assistance to meet personal care, social, nutritional, and health needs.[1]
An enterprise or activity that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities; or providing practical education or training in agricultural methods or operation on properties in agricultural use. The term includes an enterprise or activity that implements changes in production practices and procedures or types or crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development or education and training within the agricultural industry or in connection with the permitted agricultural use of a property, and the sale of farm and agricultural use products (as provided in this chapter). The term does not include commercial greenhouses, raising and keeping of swine or any form of "farm to table" restaurant.
Crops and livestock products as defined in the Agricultural Area Security Law,[2] including, but not limited to:
[Amended 9-8-2020 by Ord. No. 241]
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.
Horticultural specialties, including nursery-stock ornamental shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, fur-bearing animals, milk, eggs and furs.
Timber, wood and other wood products derived from trees.
Aquatic plants and animals and their by-products.
An enterprise or activity intended to invite members of the general public to a property in agricultural use for a use related to and derived from the agricultural use (not merely a use of the same land) and intended for entertainment or education.[3]
Any change in the exterior dimensions of a building or structure; or any change to a building or use which would modify its use; or any change which would require modification of the existing sewage disposal system serving the building and/or use.[4]
[Amended 9-8-2020 by Ord. No. 241]
Cars for which an antique license plate has been issued.
[Amended 9-8-2020 by Ord. No. 241]
Action as prescribed in this chapter or by the Pennsylvania Municipalities Planning Code[5] in accordance with the laws of the commonwealth, taken by an aggrieved person or persons against the action, decision, or interpretation of the Board of Supervisors or officials appointed by the Board of Supervisors to enforce the provisions of this chapter.
A landowner or developer who has filed an application for subdivision and/or land development, including heirs, successors, assigns and grantees. The term "applicant" may include a landowner or developer who has filed an application for conditional use, special exception or variance, or any other application required by this chapter.
Areas, including such features as very steep slopes, flood hazard and flood prone areas, woodland and forest areas, and ponds, lakes, streams and other water bodies as depicted in the Comprehensive Plan, and other resources as described in the open space provisions, § 365-174.
A business or use where goods are produced (and may also be sold) by craftspersons, such as but not limited to a carpenter, woodworker, blacksmith or like type craftsperson.
[Added 8-10-2021 by Ord. No. 245]
A facility that provides rooms, meals, personal care, and supervision of self-administered medication, and may provide other services, such as recreational activities, financial services, and transportation.
An accessory use structure which is used for banking activities.
A building or place of business where gasoline and automobile accessories are dispensed directly to the motor vehicle trade and/or where automotive repair service may be rendered.
As used in Article XVIII, the "base flood" is considered a flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1% annual chance flood").
As used in Article XVIII, the "base flood elevation" is 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 1% or greater chance of being equaled or exceeded in any given year.
An enclosed area partly or completely below grade. A basement shall be considered as a story if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet. For the purposes of Article XVIII, the basement shall include areas of a building that are subgrade or below grade on all sides.
[Amended 9-8-2020 by Ord. No. 241]
The use, subject to the provisions of § 365-159, of an owner-occupied primary dwelling unit on a lot, where the resident owner provides overnight room accommodations and limited meal service to transient guests.
[Amended 9-8-2020 by Ord. No. 241]
A freestanding commercial structure erected, operated and maintained for the purpose of advertising or conveying communications for a charge or fee.[6]
A premises that manufactures and produces malt or brewed beverages as defined by the Pennsylvania Liquor Code and that is licensed as a manufacturer or limited brewery by the Pennsylvania Liquor Control Board. Products may be sold to individuals for on- or off-premises consumption in accordance with the Pennsylvania Liquor Control Board.
[Added 10-11-2022 by Ord. No. 248]
A combination brewery and restaurant on a licensed premises, in accordance with the Pennsylvania Liquor Control Board.
[Added 10-11-2022 by Ord. No. 248]
A strip of required yard space not less in width than designated in this article which is landscaped for its full width with plantings such as evergreen and deciduous trees and shrubs and which is permanently maintained. Buffer planting strips shall consist of such plantings as will create an effective screen of sufficient density to provide a continuous visual buffer, and shall be of sufficient height to minimize visibility from abutting properties or districts or from a discrete area of a premises.
Any structure having a roof supported by columns or enclosing walls or other support and used for the shelter, housing or enclosure of persons, animals or property.
A vertical distance measured from the average grade at the perimeter of the building to the highest point of the roof, not including antenna height.[7]
The Edgmont Township Building Code,[8] as may be amended or modified from time to time.
[Amended 9-8-2020 by Ord. No. 241]
The percentage of the net lot area covered by buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.[9]
[Amended 9-8-2020 by Ord. No. 241]
A document issued by the Township granting permission for the construction, repair, alteration of, or addition to a structure.
[Added 9-8-2020 by Ord. No. 241]
The line normally parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public or private street right-of-way shall normally be considered front yards. However, in the case of an interior lot, such setback line shall coincide with the front lot line as hereinafter defined.
The line normally parallel to the front yard street right-of-way line and equal to the minimum depth of the rear yard designated for each district in this chapter.
The line normally perpendicular to the front yard street right-of-way line and equal to the minimum depth of the side yard designated for each district in this chapter.
[Amended 9-8-2020 by Ord. No. 241]
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.[10]
The diameter of a tree trunk measured at a point 12 inches from the ground surface at the center of the base of the tree.
[Amended 9-8-2020 by Ord. No. 241]
A building or portion thereof where automobiles are cleaned using a conveyor, blower, steam cleaning equipment, or other devices.
A traveling amusement enterprise, typically consisting of rides, games, sideshows, and/or food vendors.
That area of a road or other street within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks or drainage swales.
A line in the center of a street which is equidistant from and parallel to the street lines.
[Amended 9-8-2020 by Ord. No. 241]
Any premises in which care is provided at any time for seven or more children unrelated to the operator. Nursery schools and preschools are deemed to be day-care centers. Such facilities shall be licensed by the Commonwealth of Pennsylvania, in accordance with applicable law.
[Amended 9-8-2020 by Ord. No. 241]
See "place of worship."
Cars for which a classic license plate has been issued
[Added 9-8-2020 by Ord. No. 241]
The required length of street clearly visible to the driver of a vehicle at any given point on the street when the view is unobstructed. Clear sight distance shall be made from a point 3.75 feet above the center line of the proposed street surface to a point six inches above the center line of the approach lane of the existing street surface, measured from a point 10 feet back from the edge of the existing cartway and meeting the minimum standards of PA DOT and the Township, whichever is greater.
[Amended 9-8-2020 by Ord. No. 241]
An area of unobstructed vision at street intersections, defined by lines of sight between points at a given distance from the intersection of the street center lines.
[Amended 9-8-2020 by Ord. No. 241]
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws, which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.[11]
A vehicle used for commercial purposes, such as delivery trucks, tow trucks, or any other vehicle licensed by the state as a commercial vehicle.
[Amended 9-8-2020 by Ord. No. 241]
Any use, business, occupation, or enterprise that is carried on for profit by an owner, lessee, tenant or licensee.
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, and areas set aside for public facilities.
Any system providing sanitary sewerage to more than one lot, principal building or use, other than by way of a public sewage disposal system, provided community sewage disposal systems shall only be permitted within and for purposes of serving a single unified development or part thereof. Such systems shall comply with all prevailing federal, state, county and municipal regulations, and shall be operated, maintained, and guaranteed to the satisfaction of the Township.
Any system providing water supply to more than one lot, principal building, or use other than by way of a public water supply system, provided community water supply systems shall only be permitted within and for purposes of serving a single unified development or part thereof. Such systems shall comply with all prevailing federal, state, county, and municipal regulations, and shall be operated, maintained and guaranteed to the satisfaction of the Township.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
The Edgmont Township Comprehensive Plan, as may be amended from time to time, including maps, tables and text, which constitutes a policy guide for decisions regarding land use, circulation, community facilities and utilities within the Township.
A use which is not appropriate to a particular district as a whole, but which may be suitable in certain locations within the district only when specific standards and criteria prescribed for such cases within this chapter are present. Conditional uses and applications for permits therefor are approved or denied by the Board of Supervisors.[12]
A development option that involves the creation of residential lots of 10 or more acres that are deed-restricted against further subdivision.
The use of land for agricultural, recreational or natural resource protection.
The erection, repair, renovation, demolition or removal of or otherwise doing any work for, to, on or with regard to any building or structure; and the excavation, filling and grading of lots in connection therewith.
A temporary structure used during construction for the administration of construction activities as a temporary office and/or storage building by the developer, builder or contractor, excluding accommodations for habitation or use as a dwelling.
A business or use where shoes, clothing, watches, small machines, bicycles, appliances, similar small-scale retail consumer items may be taken by consumers to be fixed, repaired, or restored.
[Added 8-10-2021 by Ord. No. 245]
An age-restricted development that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee in excess of one year of monthly fees.
A visually impenetrable screen created through the effective use of plant materials, fencing, walls and/or earthen berms.
A business with primary emphasis placed on providing the public with a location to quickly purchase a limited variety of consumable products (including food and accessory fuel service).
[Amended 8-10-2021 by Ord. No. 245]
The standard lot-by-lot development, where all of the tract area is contained within the lots proposed as part of a subdivision, and open space development is not utilized. For purposes of this chapter, this shall not include the conservation development option.
An unroofed outdoor public space at grade level that is typically formed by a building wall and/or a landscaped structure, such as a wall, hedge, ornamental landscaping, or trellis.
[Added 10-11-2022 by Ord. No. 248]
A street having vehicular access to and from another street at one end and terminating in a vehicular turnaround at the other end, said turnaround having its ingress and egress at the same point.
See "cultural use" or "religious use."
A use by a nonprofit historic, educational or like organization which is available to the general public in the form of a museum, botanical garden or like facility.[13]
The diameter of an existing tree at breast height, 4 1/2 feet above the ground at the center of the tree.
A unit for measuring the sound pressure level, 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 micronewtons per square meter.
Unless otherwise stipulated in this chapter, the term "density" shall mean gross density, which shall be determined by dividing the total number of dwelling units by the total amount of land in the tract to be developed, minus all land within the ultimate right-of-way of existing roads or utility rights-of-way or easements.[14]
A retail use offering a wide range of consumer goods in different departments of a store that has 40,000 square feet or more.
[Added 8-10-2021 by Ord. No. 245]
Any landowner, equitable owner or authorized agent of such landowner who makes, or causes to be made, a subdivision of land or a land 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 9-8-2020 by Ord. No. 241]
The provisions for development of a planned residential development, prepared in accordance with this chapter, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking facilities, common open space, public facilities and the like. The phrase "provisions of the development plan" when used in this chapter shall mean both the verbal and graphic materials referred to in the proposal.
A premises that manufactures, makes and distills alcohol or liquor from raw materials, blended or rectified, or any place wherein alcohol or liquor is produced by any method suitable for the production of alcohol and that is licensed as a manufacturer or limited distillery by the Pennsylvania Liquor Control Board. On- or off-premises sales by the glass or bottle, tastings of products, and food sales may be offered.
[Added 10-11-2022 by Ord. No. 248]
An establishment or activity where patrons are served food, soft drinks, ice cream and similar confections for consumption outside the confines of the principal building or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons. Drive-in theater shall not be included.
A building designed for and occupied exclusively for residential purposes, including a mobile home, but excluding a hotel, motel, rooming home, tourist home, residential club and the like.
[Amended 9-8-2020 by Ord. No. 241]
A single habitable unit within a dwelling with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.[15]
[Amended 9-8-2020 by Ord. No. 241]
A building designed for and occupied exclusively as a residence for two or more families living independently of one another.
GARDEN APARTMENTMultifamily dwellings, where individual dwelling units share a common outside access and share a common yard area. Garden apartments contain three or more dwelling units in a single structure.
[Amended 10-11-2022 by Ord. No. 248]
MID-RISE APARTMENTMultifamily dwellings in a building containing several floors, the height of which is governed by the applicable provisions of this chapter, where individual dwelling units share a common outside access. Each dwelling unit shares with other dwelling units a common yard area, which is the sum of the required lot areas of all dwelling units within the building.
[Amended 9-8-2020 by Ord. No. 241]
RETIREMENT RESIDENCEA dwelling or group of dwellings specifically designed for retired or elderly persons. Retirement dwellings may be of any dwelling type defined, but are only allowed in accordance with the specific terms and conditions of this chapter.
A dwelling with party walls separating two or more dwelling units.
DUPLEX or TWIN HOUSEA single-family, attached dwelling having two individual dwelling units from ground to roof separated by one party wall in common with the other dwelling unit.
[Amended 9-8-2020 by Ord. No. 241]
TOWNHOUSEA single-family, attached dwelling, with individual dwelling units from ground to roof, having two points of independent outside access, at least two other dwellings built in conjunction therewith, and any portion of one or two unpierced party walls common with an adjoining dwelling unit.
A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent dwelling unit. Where a private garage is structurally attached to such building, it shall be considered a part thereof.
A transportable, single-family detached dwelling unit intended for permanent occupancy contained in one unit, or in two 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 is constructed as permitted in Article XI, so that it may be used without a permanent foundation, but with the same or equivalent electrical, plumbing and sanitary facilities as for a conventional single-family detached dwelling. A mobile home shall include any addition or accessory structure such as porches, sheds, decks or additional rooms.
A building on one lot designed for and occupied exclusively as a residence for two families, each of which is totally separated from the other by an unpierced wall extending from ground to the roof, or by an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both dwelling units.
A right, privilege or other interest granted or reserved for the use of land for a particular purpose; the land to which such right or privilege pertains.
The overhanging lowest edge of a roof.
A state-licensed establishment, including buildings and grounds, existing for the purpose of the education of enrolled students who reside in buildings on the grounds. As used in this chapter, education is the process of training and developing knowledge, skill, mind and character by formal training provided by persons licensed to do so. This use shall not include schools.
A facility whose only purpose is to provide programs to support children, parents and teachers associated with home education programs as defined in 24 P.S. § 13-1327.1. Such a center is a separate and distinct use as a supplemental facility to home education programs and does not include an educational institution or a school.
A device that permits the transfer of electric energy to a battery or other storage device in an electric vehicle. Charging stations include:
[Added 10-11-2022 by Ord. No. 248]
LEVEL 1 CHARGINGAlternating current (AC) slow battery charging. Voltage is 120 volts.
LEVEL 2 CHARGINGAlternating current (AC) medium battery charging. Voltage is between 120 volts and 240 volts.
LEVEL 3 CHARGINGDirect current (DC) fast or quick battery charging. Voltage is greater than 240 volts.
The conductors, including ungrounded and grounded, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, charging stations or apparatus installed specifically for the purpose of delivering electrical energy from the charging station to the electric vehicle.
[Added 10-11-2022 by Ord. No. 248]
Any occurrence or set of circumstances involving actual or imminent physical or mental trauma or property damage.
Fire, ambulance, rescue, police and other like services of a municipal, state or volunteer type.
Any work performed for the purpose of preventing or mitigating the physical or mental trauma or property damage threatened or caused by an emergency.
An individual working for another person, business, partnership, corporation or other legal entity for compensation, either full time or part time. The total number of employees working at a given business, partnership, corporation, or other legal entity is the number of employees during the shift operation of the facility of greatest employment.
An addition to the horizontal or vertical size of an existing structure, an increase in the area of a lot 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, or other impacts on surrounding land uses, existing or zoned.
The performance standards set forth in Article XXIII pertaining to environmental quality and environmental degradation.
An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in Article XXII and Chapter 305, Subdivision and Land Development.
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.
As used in Article XVIII, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
A change in use or alteration of a building, structure, lot or premises which results in an increase in use, size, leasable floor area, or function from the previous use.
As used in Article XVIII, the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
The exterior wall of a building exposed to public view from ground or grade level to the roofline. In the case of a corner lot, a building has a front and side facade.
A single, nonprofit, nontransient housekeeping unit, limited to:
A single person occupying a residential dwelling unit;
Two or more persons related by blood, marriage, adoption or in foster care occupying a residential dwelling unit; or
Three or fewer unrelated persons occupying a residential dwelling unit, unless occupancy of a greater number of unrelated persons qualifies as a family under the Fair Housing Act,[16] as amended, and/or similar applicable federal or state law.
Occupants of a club, fraternity house, lodge, rooming house or similar living arrangement shall not be considered a family.
Material which is placed, pushed, dumped, pulled, transported, deposited, or moved to a new location above the natural surface of the ground or on top of a stripped or otherwise cut surface, so as to form an embankment or raise the surface elevation of any portion of the land. See also Appendix D of Chapter 305, Subdivision and Land Development, for clean-fill standards.[17]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A system of open-jointed piping intended to distribute septic tank effluent into the ground for absorption and evaporation; an area where effluent from septic tanks and other approved treatment tanks shall be disposed of by soil absorption, as per Pennsylvania Act 537.
The final vertical elevation of the ground surface above sea level after development.
An indoor or outdoor retail area, traditionally consisting of multiple vendors specializing in the sale of antiques and collectibles, new and used household goods, and other assorted items.
A temporary inundation of normally dry areas.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
That portion of the floodplain outside the floodway.
Those areas as described in Article XVIII of this chapter and delineated on the Flood Hazard District Map and 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 community.
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.
A relatively flat or low land area adjoining a creek, stream or other watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
The following soil types as mapped in the Soil Survey of Chester and Delaware Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, May 1963, as being subject to flooding or subject to localized flooding, including:
Those areas as described in Article XVIII of this chapter and delineated on the Flood Hazard District Map and FIRM.
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.
Includes any building product capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. "Prolonged contact" means at least 72 hours. Significant damage is any damage requiring more than low-cost cosmetic repair (such as painting). All structural and nonstructural building materials at or below the base flood elevation (BFE) must be flood-resistant.
The channel or central part of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The floodway represents the minimum channel width required to convey the base flood discharge when the base flood elevation is increased by one foot.
See "gross floor area" and "net floor area."
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 attached, or two-family detached dwelling, exclusive of the areas above the second floor.
See "woodland and forest."
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 do not involve any land development.
The length of a property line of a lot which abuts a street or public right-of-way.
A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
Any occasional, temporary sale, customary, incidental and accessory to a permitted residential use and conducted on a property that is residentially zoned or in lawful residential use, where items of personal property of the property owner are offered for sale on the property owner's property.[18]
[Amended 9-8-2020 by Ord. No. 241]
A building, not a private garage, used for the storage and/or repair of motor vehicles for compensation.
An establishment where permitted which involves the retail sale of garden products, supplies, tools and/or equipment.
A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and in visibility.
Municipal, county, state or federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments. Also see "municipal use."
The acreage of a lot within the title lines.
See "density."
The sum of the gross 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 interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
The amount of floor space available to be rented for tenant occupancy and use, including basements, mezzanines, and upper floors.
[Added 8-10-2021 by Ord. No. 245]
The capture or collection and withdrawal of water from a running stream, a surface water impoundment, or a spring, including the capture of spring water and/or groundwater naturally emerging at the surface of the ground within a spring house or other catchment or impoundment structure, for transport away from the collection point and/or distribution or consumption off of the premises. This use also includes the extraction or withdrawal of groundwater or surface water from a well, borehole or any other man-made means of extraction for transport, distribution or consumption off of the premises.
A living arrangement where disabled resident occupants live together as a single housekeeping unit and receive regular support services from one or more staff persons. For the purposes of this chapter, the resident occupants of a group home shall be considered within the definition of a family.[20]
See "building and structure height."
An area to accommodate all phases of operation of rotor-wing aircraft (helicopters) with suitable space to allow the provision of service facilities.
An area on a roof or on the ground to accommodate touchdown and liftoff of rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo. Such area shall have sufficient space to accommodate all required safety controls and comply in all respects with Federal Aviation Administration requirements, but in no case shall such area provide service facilities.
Any street classified as a principal arterial, minor arterial or major collector street in Chapter 305, Subdivision and Land Development, of the Code of the Township of Edgmont.
Sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past, including those having a present significance.
Any structure that is:
Listed individually in the National Register of Historic Places 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 U.S. Department 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 the state inventory of historic places which has been approved by the Secretary of the U.S. Department of the Interior or individually listed on the county or local inventory of historic places that has been certified by an approved state program as determined by the Secretary of the Interior.
A legally constituted, private, nonprofit corporation created for the purpose of owning, operating, and maintaining defined common property.
The art and practice of propagating and cultivating plants for their produce or for ornament.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
A building or group of buildings containing 10 or more guest rooms, or a group of such buildings especially designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind. Such establishment shall furnish to the occupants customary hotel services such as maid service and the furnishing and laundering of linen. Eating and drinking facilities may be accessory to the hotel or motel.
Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family, such as dogs, cats, Vietnamese potbellied pigs, small birds, gerbils and other similar pets.
Multifamily housing designed for older people.
A surface which has materials that do not normally absorb rainfall or surface water such as buildings, paved areas such as streets and parking lots, and paved walks and similar surfaces.
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-lot sewage disposal systems, street trees and other plantings, and other structures that may be necessary to produce usable and desirable land development.[21]
A facility that is designed and equipped for the conduct of sports and leisure-time activities, operated as a business and open to the public for a fee.
[Added 10-11-2022 by Ord. No. 248]
See "hotel, motel or inn."
See "lot, interior."[22]
An establishment, regulated and licensed by the Pennsylvania Department of Agriculture, where six or more dogs, cats or like domesticated animals more than one year old are kept, boarded, groomed, trained, raised or bred as part of a service provided by an accompanying principal permitted use or structure.
[Amended 9-8-2020 by Ord. No. 241]
Any kennel available to the general public where dogs are housed or trained for compensation by the day, week or a specified or unspecified time; but the term shall not include those kennels where the practice of veterinary medicine is performed and that the establishment is covered by the provisions of the act of December 27, 1974 (P.L. 995, No. 326), known as the "Veterinary Medicine Practice Act,"[23] but shall include any facility operated by a veterinarian, whether or not this facility is on the same premises as a veterinary hospital.
Any kennel operated for the purpose of breeding, buying and selling or in any way transferring dogs for nonresearch purposes.[24]
A kennel at, in, or adjoining a residence where dogs are kept or bred by their owner for the purpose of hunting, tracking and exhibiting in dog shows, or field and obedience trials.
Any profit-oriented kennel within the commonwealth wherein research or vivisection is conducted with dogs, or any establishment that breeds, buys, sells, or in any way transfers dogs to laboratories, hospitals, establishments for research or any other similar purpose, or who sells, gives away or in any way transfers dogs to another research, vivisection or dealer kennel (D kennel), or who sells or offers for sale any dog belonging to another person for a fee, commission or percentage of the sales price, either privately or publicly.
Natural or artificial bodies of water which retain water year-round. The shoreline of such water bodies shall be measured from the spillway crest elevation rather than the permanent pool if there is any difference. "Lakes" are bodies of water of two or more acres. "Ponds" are any water body less than two acres.
[Amended 9-8-2020 by Ord. No. 241]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features;
A subdivision of land.
A sketch, preliminary or final plan, submitted in compliance with the requirements of Chapter 305, Subdivision and Land Development, showing the provision for development of a tract of land. See also "subdivision plan."
Any activity which causes land on a given site to be exposed to the danger of soil erosion by the removal of vegetation and/or the alteration of the landform or soil.
[Amended 9-8-2020 by Ord. No. 241]
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
[Amended 9-8-2020 by Ord. No. 241]
Specified vegetation and plantings of types and in quantities as described in this chapter which are required for a certain use of land.
A design professional duly licensed by the Commonwealth of Pennsylvania to practice landscape architecture.
[Amended 9-8-2020 by Ord. No. 241]
That portion of a tract or lot in which plantings have been installed in accordance with the design standards and requirements for landscaping in Chapter 305, Subdivision and Land Development. The landscape area includes the buffer planting strip, as well as plantings which serve a functional and/or aesthetic purpose when located around and between buildings, streets, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and the like.
A residential use designed and operated exclusively for adults, containing certain support facilities designed for those individuals in accordance with the R-5 District regulations.
The assembly, production, machining, repair, servicing, processing, testing, cleaning, packaging, training, and demonstrating of consumer-oriented and business-to-business-oriented products, electrical or electronic devices, industrial appliances, controls, and instruments.
[Added 10-11-2022 by Ord. No. 248]
Any domesticated animal that is raised for the purpose of food, fiber or labor, as well as any domesticated animal that is raised for sale, resale or agricultural production. Cattle, horses, sheep and the like shall be considered livestock. (Poultry shall also be considered livestock, notwithstanding that it may sometimes be referred to separately in this chapter.) Household pets, such as dogs, cats, Vietnamese potbellied pigs and the like, shall not be considered livestock.
A space on a lot for the temporary use of vehicles while loading or unloading.
[Amended 9-8-2020 by Ord. No. 241]
A facility that is licensed and approved to provide health care under medical supervision for 24 or more consecutive hours to four or more patients.
A contiguous area of land held or to be held in one ownership and not divided by a street, not including any land within the limits of a street right-of-way upon which said lot abuts, even if such right-of-way is maintained by the owner of the lot; a designated parcel, tract or area of land established by a plan and to be used, developed or built upon as a unit.
The area of land contained within the property lines of a parcel of land, including the area of any easement, but excluding any area within an existing or designated future road rights-of-way and existing utility rights-of-way; provided, however, that the area of land comprised by any additional road rights-of-way (i.e., in addition to the 50 feet, 60 feet or 80 feet set forth in Chapter 305, Subdivision and Land Development, Article VIII), which the Board of Supervisors may require, shall not be subtracted when computing a minimum lot area. Further, in determining the minimum required lot area for single-family building lots in the R-1 District, the provisions of Article IV, § 365-14B(1)(b) and (c) shall apply.[26]
A property boundary line of any lot held in single and separate ownership. In the case of any lot abutting a street, including shared driveways, the lot line for such portion of the lot as abuts such street, including shared driveways, shall be deemed to be the same as the street line, and shall not be the center line of the street, or any other line within the street right-of-way.
The lot line, running the width of the lot, separating the lot from the street right-of-way, regardless of whether or not the street right-of-way is described in a deed as being included in the area of the lot. For interior lots (flag lots), the front lot line shall be the line, running the width of the lot, generally parallel to the street right-of-way at the nearest point where the lot substantially attains the minimum required lot width.
[Amended 9-8-2020 by Ord. No. 241]
The lot line opposite and most distant from the front lot line, running the width of the lot, in a line drawn generally parallel to the front lot line; provided, however, that where the shape of the lot only allows the parallel line to be drawn to a distance of less than 10 feet, the rear lot line shall be considered to be furthest point from the front lot line at which the parallel line, at least 10 feet in length, can be drawn within the lot.
[Amended 9-8-2020 by Ord. No. 241]
Any lot line which is not a front lot line or a rear lot line.
[Amended 9-8-2020 by Ord. No. 241]
The distance measured between the side lot lines at the required building setback line. When there is only one side lot line, as in the case of two-family or single-family attached dwellings, the lot width shall be measured between the side lot line and the center line of the party wall. In the case of a corner lot, the lot width shall be measured between the side lot line and the front lot line opposite.
A lot or parcel of land abutting upon two or more streets, including shared driveways, or upon two parts of the same street, including shared driveways, forming an interior angle of less than 135°.
Any lot which has limited frontage to a street by virtue of being a flag-shaped lot; any lot which only has access to a street by an easement or right-of-way such as a shared driveway and may be characterized as "landlocked" in that said lot does not front on a street.
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 design requirements of this chapter.
A structure, transportable in one or more sections, which is built on a permanent or semipermanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. (Note: may be referred to as "mobile home" elsewhere in this chapter.)
A parcel of land in a manufactured home park or subdivision, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home, either leased or held in private ownership. (Note: may also be referred to as "mobile home lot" in this chapter.)
A parcel of land under single ownership which has been placed and improved for the placement of two or more manufactured homes for nontransient use. (Note: may also be referred to as "mobile home park" in this chapter.)
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Pennsylvania Medical Marijuana Act (Act of Apr. 17, 2016, P.L. 84, No. 16).[27]
[Added 10-11-2022 by § 1. Ord. No. 248]
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department under this act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Pennsylvania Medical Marijuana Act (Act of Apr. 17, 2016, P.L. 84, No. 16).
[Added 10-11-2022 by Ord. No. 248]
Marijuana for certified medical use as set forth in Pennsylvania Medical Marijuana Act, as amended (Act of Apr. 17, 2016, P.L. 84, No. 16).
[Added 10-11-2022 by Ord. No. 248]
An office that has establishments providing health services.
[Added 10-11-2022 by Ord. No. 248]
Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
A combination of nonresidential and residential uses on a lot.
[Added 10-11-2022 by Ord. No. 248]
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so designated and improved that it to be contains two or more mobile home lots for the placement added thereon of mobile homes.
A dwelling unit intended for permanent occupancy situated on a fixed building foundation 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.
See "hotel, motel or inn."
A device designed or used for decreasing or abating the level of sound escaping from an engine, machinery or like system.
A use owned by the Township or operated on behalf of and under the auspices of the Township or with the permission of the Township for the benefit of the Township, such as: recreational, cultural and conservation uses; public facilities, and activities regularly conducted in connection with such uses. Emergency Services provided to or serving the Township, its residents and surrounding communities shall be considered to be municipal uses included within this definition.
The Pennsylvania Municipalities Planning Code, Act 247,[28] as amended.
The base flow rate of stream water not contributed to by surface runoff that occurs below average base flow, at a frequency interval statistically equal to once every 10 years for a period of at least seven consecutive days. Natural Q7-10 Base Flow Rate shall be calculated to include all natural flow that would occur assuming no human influence by direct water withdrawals from the stream or aquifer up hydrologic gradient of the reference point. The "reference point," for this purpose, shall be the location immediately downstream of the confluence of the water withdrawal's discharge into the stream to which the water source would flow under natural conditions.[29]
The acreage of a lot including the area of any proposed easement, but excluding any area within an existing or designated future road rights-of-way and existing utility and other easements. See provisions of the R-1 District, as provided in § 365-14.[30]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The act of erecting a building and/or structure including any subsequent improvements thereto; as used in Article XVIII, structures for which the start of construction commenced on or after September 1, 1977.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
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, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
Any sound which annoys or disturbs humans or animals or which causes or tends to cause an adverse psychological or physiological effect on humans or animals.
Any sound which:
A lot of record existing at the passage of the provisions of this chapter or of subsequent zoning amendments which does not have the minimum width or other required dimensions, does not contain the minimum area for the district in which it is located, or is not located in a district in which it would be considered a principal permitted use.[31]
A structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of the provisions of this chapter or amendment or prior to the application of the provisions of this chapter or amendment to its location by reasons of annexation.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of the provisions of this chapter or amendment or prior to the application of the provisions of this chapter or amendment to its location by reason of annexation.
A use which manifests itself for a period of not less than six consecutive months.
Trees of eight-inch DBH or greater which are within a woodland or forest area or are freestanding.
A facility providing nursing services on a continuing basis which admits the majority of the occupants upon advice of physicians as ill or infirm persons requiring nursing services, provides physicians' services or supervision, and maintains medical records, also including provisions for similar medical or nursing services. Facilities for the care of the acutely ill, or surgical or obstetrical services shall not be considered similar services under this definition, nor shall hospitals be construed to be included in this definition.
Any wall, dam, wharf, embankment, levee, dike, abutment, projection, excavation, channel, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water is.
Off a lot, on an adjoining property.
[Added 8-10-2021 by Ord. No. 245]
A premises in which older adult daily living services are provided or arranged.
[Added 2-12-2020 by Ord. No. 242]
Services provided or arranged to assist in meeting the needs, including personal care, social, nutritional, health and educational needs, of clients. These are provided, as appropriate for each client, through a planned program of social, educational, recreational, therapeutic, rehabilitative, habilitative and developmental activities. The term does not include services provided for persons whose needs are such that they can only be met in a long-term care facility on an inpatient basis receiving professionally supervised nursing care and related medical and other health services.
[Added 2-12-2020 by Ord. No. 242]
A single system of piping, septic tanks or other facilities serving a single lot, collecting and disposing of sewage, and in compliance with the prevailing federal, state, county and municipal regulations.
[Amended 9-8-2020 by Ord. No. 241]
An individual well serving one lot and/or a water supply on a lot occupied or to be occupied serving a permitted building, and in compliance with the prevailing federal, state and county regulations.
On a lot where the principal use is located.
[Added 8-10-2021 by Ord. No. 245]
Lands characterized by areas of environmental concern and other related resources, or used for noise and/or visual buffers or for other purposes as required in Article XXXI, Open Space Provisions.
The alternative to conventional lot development to arrange lots with particular consideration of and sensitivity toward environmental resources, the minimum net size requirement for which would be less than would otherwise be required in the districts, and the density of which would be greater than would otherwise be permitted in the districts, in exchange for allocating open space for various conservation and recreation purposes.
The choice which may be exercised to arrange lots with particular consideration of and sensitivity toward environmental resources, the minimum net size requirement for which would be less than would otherwise be required in the districts, and the relative density of which would be greater than would otherwise be permitted in the districts, in exchange for allocating open space for various conservation and recreation purposes.
See "common open space."[32]
A space-available for the parking of one motor vehicle.
[Amended 8-10-2021 by Ord. No. 245]
A small seating area or green space created as a public amenity along a sidewalk or walkway.
[Added 10-11-2022 by Ord. No. 248]
Any leisure-time activity not considered active (e.g., walking, picnicking, birdwatching, fishing).
Grazing lands composed of introduced or domesticated native forage species that are used primarily for the keeping, exercising or production of domestic livestock. They typically receive periodic renovation and/or cultural treatments, such as tillage, fertilization, mowing, weed control and may be irrigated. They are not in rotation with crops.[33]
An outdoor public space, typically a green or parklet, within which pedestrians can sit, relax, dine, and/or engage in leisure-time activities.
[Added 10-11-2022 by Ord. No. 248]
A facility licensed by the Pennsylvania Department of Health in which food, shelter and personal assistance or supervision are provided for a period of at least 14 days. Such facility shall be for four or more persons who do not require the services in or of a Pennsylvania Department of Health licensed long-term care facility, but who do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of any emergency, or medication prescribed for self-administration.
A nonresidential use where medical prescriptions are filled and prescription and over-the-counter drugs, medical supplies, food, beverages, personal care items, greeting cards and similar retail items are sold in one store.
[Added 10-11-2022 by Ord. No. 248]
A building or group of buildings, including customary accessory buildings, designed or intended for religious services. For the purpose of this chapter, the word "church" shall include chapels, cathedrals, temples and similar designations.
A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which must comply with the lot size, bulk or type of dwelling, density, lot coverage, required open space and other provisions of Article XI.
See "screen planting."[34]
An outdoor public space that is outfitted with benches, shade trees, lighting, pavers, and other pedestrian-related features and amenities.
[Added 10-11-2022 by Ord. No. 248]
A temporary use or event that may involve such uses as a farmers' market, an art show, a philanthropic use, an educational use, outdoor recreational use, or a seasonal use.
[Added 10-11-2022 by Ord. No. 248]
Domestic fowl raised for meat or eggs, including chickens, turkeys, ducks, geese, and the like.
When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize unreasonable restriction of forestry, mining or other lawful uses of natural resources.
The major street on which the yard of a corner lot fronts, such yard being functionally similar to a typical front yard.
Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture, Natural Resource and Conservation Services Soil Survey of Chester and Delaware Counties.
A building in which is conducted, or is intended to be conducted, the principal permitted use of the lot on which it is located.
The primary building, use or structure permitted and intended for a given lot or parcel.
Any building which serves as a meeting place for a selected membership, together with recreation and dining facilities which are not open to the public and does not include religious uses. (The club shall be characterized by the payment of dues, regular meetings and a constitution and bylaws.)
Any sewage or sewerage system which is not part of a public sanitary sewer system.
A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.
An office which is used and occupied by a professional, such as a doctor, lawyer, architect, engineer, accountant, dentist or veterinarian.
A subdivision, a land development, or any development involving the construction or alteration of buildings or other structures, or the grading of land to accommodate a building, structure, or use.
Notice published in accordance with Section 107 of the Municipalities Planning Code,[35] as amended from time to time.
[Amended 9-8-2020 by Ord. No. 241]
A structure or space, typically but not necessarily indoors, providing entertainment or amusement to the public as a commercial operation.
[Added 10-11-2022 by Ord. No. 248]
A recreational facility owned or operated by the Township or other governmental agency. A municipal use.
Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
A system for the collection, conveyance, treatment and disposal of sanitary sewage which is owned and/or operated by the Township or a municipal corporation or authority for the benefit of a designated portion(s) of the Township. (May also be referred to as "public sewerage disposal system" or "public sewer system.")[36]
An outdoor passive recreational area available to the general public within which people can gather, typically without having a reservation or appointment.
[Added 10-11-2022 by Ord. No. 248]
A small, roofed structure, usually having three walls constructed of see-through materials, located near a street and designed primarily for the protection and convenience of public transportation passengers.
Any system providing water supply to one or more lots, principal buildings, or uses which is defined and regulated as a public utility by the Pennsylvania Public Utility Commission and which is conducted in compliance with prevailing federal, state, county and municipal regulations. For purposes of this definition, ownership, control, and/or operation of multiple community systems by a Pennsylvania Public Utility Commission-regulated entity shall not constitute in combination a public water supply system.
Any system for water distribution and water supply, other than an on-lot water supply system, which is owned, administered, and operated by an organization which is regulated by a governmental agency, authority or commission, in compliance with prevailing federal, state, county and municipal regulations.
All land whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public right-of-way.
Recreational activities that involve athletic and/or vigorous physical exertions, such as but not limited to running, bicycling, swimming, horseback riding, tennis, ice skating, team sports, and the like.
[Added 10-11-2022 by Ord. No. 248]
Active recreation activities performed on an outdoor playcourt or playfield.
[Added 10-11-2022 by Ord. No. 248]
Recreational activities that are low-impact, usually quiet and not rigorously athletic, such as but not limited to walking, hiking, picnicking, fishing, and bird watching.
[Added 10-11-2022 by Ord. No. 248]
A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles or units, including travel trailers, truck-mounted campers, motor homes, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, all-terrain vehicles, go-carts, boats and boat trailers, noncommercial horse trailers, and the like, are also deemed recreational vehicles. As used in Article XVIII, a "recreational vehicle" is 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, not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The 100-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.
A use involving a structure in which worship and ceremonies pertaining to a particular system of beliefs are held.
An area on a lot which is reserved as a required secondary location for on-lot sanitary sewage disposal, in the event the primary area is no longer utilized or is no longer suitable.
[Added 9-8-2020 by Ord. No. 241]
A building used for the purpose of furnishing food and beverages to the public to be consumed on the premises and within the building.
A building and adjoining parking area used for the purpose of furnishing food and beverages to the public, normally for consumption outside the confines of the principal permitted building or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided inside for the patrons.
[Amended 10-11-2022 by Ord. No. 248]
A fast-food restaurant or section thereof which is designed to allow for the serving and pickup of food and beverages, without leaving the vehicle, for off-premises consumption.
[Amended 10-11-2022 by Ord. No. 248]
A building used for the purpose of furnishing food to the public for consumption on the premises within the principal permitted building and for off-premises consumption through drive-through service.
A building and adjoining outside service area used for the purpose of furnishing food and beverages to the public to be consumed in the building and/or on the premises in an outside service area adjoining the building, provided that no liquor or alcoholic beverages may be served outside of the restaurant building without the approval of the Pennsylvania Liquor Control Board.
A space within a retail store or retail use devoted to the sale of goods or merchandise to the general public.
[Added 8-10-2021 by Ord. No. 245]
An activity by a business whereby goods or merchandise is sold to the general public.
[Added 8-10-2021 by Ord. No. 245]
A business that is engaged in selling goods or merchandise to the general public for personal or household consumption and that may also render services incidental to the sale of such goods.
[Added 8-10-2021 by Ord. No. 245]
An activity that occurs in a business that sells goods or merchandise to the general public.
[Added 8-10-2021 by Ord. No. 245]
See "dwelling, multifamily, retirement residence."
A use where horseback riding lessons are given on the property. A riding academy shall not include a livery stable which primarily rents horses for trail riding, whether supervised or unsupervised.
[Amended 9-8-2020 by Ord. No. 241]
A strip of land granted or reserved for public or private use.
[Amended 9-8-2020 by Ord. No. 241]
An area of land adjacent to a body of water, including without limitation perennial or intermittent streams, wetlands, and ponds, and managed to maintain the integrity of stream channels and shorelines, to reduce the impact of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals; and to supply food, cover, and thermal protection to fish and other wildlife.[37]
[Amended 9-8-2020 by Ord. No. 241]
The area of a business devoted to the sale of products, including the space where products are displayed.
[Added 8-10-2021 by Ord. No. 245]
Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin.
A pipe that conveys sanitary sewage.
A state-licensed establishment, including buildings and grounds, existing for the purpose of education, whether religious, sectarian or nonsectarian, denominational private, or public. As used in this chapter, "education" is the process of training and developing knowledge, skill, mind and character by formal training provided by persons licensed to do so. This use shall not include an educational institution.
The plantings which are used in a buffer planting strip or other landscaping arrangement to create a continuous visual buffer.
The minor street on which the yard of a corner lot fronts.
An area or tract which is part of a proposed planned residential development which will be developed according to a timetable for development over a period of years included by the applicant in the development plan.
A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof, and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area.
See "automobile service station."
That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal permitted building must be erected or placed.
The total of organic waste and wastewater generated by residential, industrial, commercial, institutional or other establishments.
Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the generating source of origin to treatment plants and to a receiving stream or other drainageway.
All effluent carried by sewers whether it is sanitary sewage, residential, commercial or industrial wastes or stormwater runoff; or the entire system of sewage collection, conveyance, treatment and disposal.[38]
The arrangement of parked vehicles on-site in a parking lot on a property where two or more establishments have different hours of operation that enables the use of the same parking space at different hours of the day; and an opportunity for the parking of vehicles off-site on adjoining lots under separate ownership.
[Added 8-10-2021 by Ord. No. 245]
A group of commercial uses that are planned, constructed and managed as integrated facility, with customer and employee parking provided on site, provisions for delivery of goods separated from customer access.[39]
[Amended 10-11-2022 by Ord. No. 248]
A sale in which merchants offer for sale merchandise displayed in an area outside of, but proximate to, the front of their stores.
The length of street or roadway clearly visible to the driver of a vehicle at any given point on the street or roadway when the view is unobstructed by traffic.
See Article XXI.
The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.
A tract, lot, or combination of contiguous lots on a tract which form an area for a development project.
A long-term facility which provides for personal health care or a distinct part of another facility that is licensed or approved as a nursing home, infirmary, unit of a home for the elderly or a governmental medical institution.
Energy which has been converted, through the use of a solar energy system, from sunlight into usable electricity or to heat air, water, or other fluids for use in hot water or space heating, or other applications.
[Added 9-8-2020 by Ord. No. 241]
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.[40]
A one-time or infrequently occurring activity appropriate for the property intended and where the gathering of the public is to be expected and the functions are not standard for the property where the event is to occur. This type of activity includes, but is not limited to, street fairs, block parties, educational seminars, recreational activities and/or cultural festivals.
A function of the Zoning Hearing Board in accordance with the provisions of Article XXXIII, whereby the Zoning Hearing Board hears and decides requests for uses, stipulated as uses by special exception in this chapter, in accordance with explicit standards and criteria. The Zoning Hearing Board may grant or deny such requests based on such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A or AE.
Any building, structure or portion thereof which is used in whole or in part for the shelter or care of sheep, goats, horses, cattle or other livestock.
A section or sections of which an applicant proposes to commence development at the same time, as part of a timetable for development of a planned residential development over a period of years.
As used in Article XVIII, "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. 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.
Those areas of land which are characterized by a change in elevation of 15% or more but not exceeding 25% over a distance or contour specified in Article XIX.
A pipe or conduit that carries and transports intercepted surface water runoff, street wash and other wash waters or drainage, but excludes domestic sewage and industrial wastes.
That part of a structure included between any floor and the floor or roof next above.
[Amended 9-8-2020 by Ord. No. 241]
A public or privately owned right-of-way serving as a means of vehicular and pedestrian travel, furnishing access to abutting lots and used to provide space for installation of improvements such as sewers, other utilities, street trees and sidewalks.
The dividing line between a lot and the outside boundary or right-of-way line of a public street, road, or highway legally open or officially platted, or between a lot and a privately owned street (such as a shared driveway) or road over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right of access.
The improvement of the edge of a street within the right-of-way and within a portion of the front yards in order to enhance the functional and aesthetic environment, through the implementation of shade, lighting, landscaping, bus transit, pedestrian circulation and pedestrian amenities.
[Added 10-11-2022 by Ord. No. 248]
Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure, or adapt it to a different use. (See also "alteration.")
Any man-made object or improvement having an ascertainable stationary location on or in land or water, whether or not affixed to the land. As used in Article XVIII, a structure is considered a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
The division or revision 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, conveyance or other 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 residential dwellings, shall be exempted.
A sketch, preliminary or final plan, submitted in compliance with Chapter 305, Subdivision and Land Development, showing the provision for the subdivision of a tract of land. See also "land development plan."
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
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:
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
Any alteration of an historic structure, provided that alteration will not preclude the structure's continued designation as an historic structure.
A type of retail use selling food and beverages, primarily for off-premises preparation and consumption, as well as selling other convenience and household goods, such as clothing, electronics and other products, and providing ancillary services, including but not limited to pharmacy and banking services. Supermarkets shall not include wholesale membership clubs and department stores.
[Added 8-10-2021 by Ord. No. 245]
Any reasonably permanent pool or open tank containing or normally capable of containing water to a depth at any point greater than one foot. Farm ponds and/or lakes are not included, provided that swimming is not the primary purpose for their current use.
[Amended 9-8-2020 by Ord. No. 241]
Any swimming pool other than a private swimming pool, including publicly and privately owned pools open to the general public and pools owned and operated in conjunction with membership organizations, motels, hotels and other similar uses.
An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, including the sale of food as an accessory use.
A structure intended for limited duration not to exceed 180 days, renewable upon approval of the Township.
[Amended 9-8-2020 by Ord. No. 241]
A use intended for limited duration and located in a zoning district not normally permitting such use.
An area, parcel, site, lot or property which is the subject of a subdivision and/or land development application.
See "lot area."
See "lot area."
A portable vehicular structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation, and other short-term uses.
[Amended 9-8-2020 by Ord. No. 241]
The specific purpose for which land, a building or other structure is proposed to be subdivided and/or developed or is otherwise designed, arranged, intended, or improved, or for which it is proposed or may be occupied or used.
A document issued by the Township allowing the occupancy or other use of a permitted building, structure, or property and certifying that the building, structure, or property and the use thereof has been constructed and will be used in compliance with all applicable Township ordinances, codes, regulations, plans and maps existing at the time of issuance.
[Amended 9-8-2020 by Ord. No. 241]
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article XXXIII.
A combination of nonresidential and residential uses within the same building, with the nonresidential use located on the ground floor and the residential use located above.
[Added 10-11-2022 by Ord. No. 248]
The area of land which is characterized by a change in elevation of 25% or more over a distance or contour specified in Article XIX.
As used in Article XVIII, a "violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
A commercial use that provides facilities or at which persons assemble for the purpose of any activity which involves lawful gambling or wagering, including, without limitation, those facilities and activities governed by or licensed pursuant to Title 4 Pa.C.S.A., Amusements, as amended. Gambling and wagering shall include any activity, game, or device at which money or other valuable things may be played for, or staked or bet 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.[41]
[Amended 9-8-2020 by Ord. No. 241]
See "on-lot water supply."
See "public water system."
A stream with year-round or substantially year-round flow, such as a creek, run or other body of running water.
Areas with hydric soils that are inundated or saturated by surface water and/or groundwater which support hydrophytic vegetation such as swamps, bogs, marshes and the like, such areas being regulated by the U.S. Army Corps of Engineers and/or the PA DEP.
Those areas of extensive vegetation in which the dominant plants are trees that are indigenous to the area, such areas being illustrated on the "Areas of Environmental Concern Map" in the Comprehensive Plan.
An open area on a lot that lies between the permitted principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in Article XXII.
A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of the permitted principal or accessory building or buildings on the lot. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided along the frontage which abuts the primary street, and the yard along the other frontage which abuts the secondary street shall be designated as the second front yard and have the same depth as that which applies to the front yard. In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of equal depth shall be provided on the other frontage.
A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of the permitted principal or accessory building or buildings on the lot.
A yard extending the full depth of the lot along the side lot line and extending in width from such side lot to the nearest point of the permitted principal or accessory building or buildings on the lot.
Flood hazard areas within the Township identified by the Flood Insurance Study (FIS) dated November 18, 2009, and the accompanying maps as prepared by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, that is subject to flooding by the 1%-annual-chance flood (100-year flood) but no base flood elevations have been determined.
Flood hazard areas within the Township identified by the Flood Insurance Study (FIS) dated November 18, 2009, and the accompanying maps as prepared by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, that is subject to flooding by the 1%-annual-chance flood (100-year flood) and base flood elevations have been determined. The base flood elevation is the water surface elevation of the 1%-annual-chance flood (100-year flood).
The administrative officer designated by the Board of Supervisors to administer this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: The original definition of "agricultural security area," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[2]
Editor's Note: See 3 P.S. § 901 et seq.
[3]
Editor's Note: The original definition of "alley," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[4]
Editor's Note: The original definitions of "alteration of building or structure" and "ambient noise," which immediately followed this definition, were repealed 9-8-2020 by Ord. No. 241.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: The original definitions of "block," "boarder," and "boarding house," which immediately followed this definition, were repealed 9-8-2020 by Ord. No. 241.
[7]
Editor's Note: The original definition of "building area," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[9]
Editor's Note: The original definition of "building envelope," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[10]
Editor's Note: The original definition of "C-3 planned commercial/light industrial sewage disposal system," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[11]
Editor's Note: The original definition of "commercial drop-off and pick-up boxes," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[12]
Editor's Note: The original definition of "condominium," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[13]
Editor's Note: The original definition of "day-care center," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[14]
Editor's Note: The original definition of "designated open space," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[15]
Editor's Note: The original definition of "dwelling, condominium," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[16]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[17]
Editor's Note: Appendix D is an attachment to Ch. 305, Subdivision and Land Development, of the Code.
[18]
Editor's Note: The original definition of "garage, private," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[19]
Editor's Note: Appendix I is included as an attachment to Ch. 305, Subdivision and Land Development.
[20]
Editor's Note: The original definition of "guest," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[21]
Editor's Note: The original definition of "impulsive sound," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[22]
Editor's Note: The original definition of "junkyard," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[23]
Editor's Note: See 63 P.S. § 485.1 et seq.
[24]
Editor's Note: The original definition of "kennel, nonprofit," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[25]
Editor's Note: The original definition of "landscaped buffer," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241).
[26]
Editor's Note: The original definition of "lot depth," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[27]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[28]
Editor's Note: See 53 P.S. § 10101 et seq.
[32]
Editor's Note: The original definition of "parcel," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[33]
Editor's Note: The original definition of "person," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[34]
Editor's Note: The original definition of "pony," which immediately followed this definition, was 9-8-2020 by Ord. No. 241.
[35]
Editor's Note: See 53 P.S. § 10107.
[36]
Editor's Note: The original definition of "public space," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[37]
Editor's Note: The original definitions of "road" and "rooming unit," which immediately followed this definition, were repealed 9-8-2020 by Ord. No. 241.
[38]
Editor's Note: The original definition of "sewered area," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[39]
Editor's Note: The original definition of "short-term effects," which immediately followed this definition, was repealed 9-8-2020 by Ord. No. 241.
[40]
Editor's Note: The original definitions of "sound level" and "sound level meter," which immediately followed this definition, were repealed 9-8-2020 by Ord. No. 241.
[41]
Editor's Note: The original definitions of "waste, construction and demolition," "waste, hazardous," "waste, municipal, and "waste, residual," which immediately followed this definition, were repealed 9-8-2020 by Ord. No. 241.