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Hilltown Township City Zoning Code

ARTICLE II

Definitions and Word Usage

§ 160-10 Interpretation and usage.

A. 
Unless a contrary intention clearly appears, the following words and phrases shall have, for the purposes of this chapter, the meanings given in the following clauses.
B. 
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
The singular includes the plural.
(3) 
The word “person” includes a corporation, partnership, association, receiver, legal representative, trustee, trustee in bankruptcy, labor organization, municipality, as well as an individual and any other entity recognized as a “person” at law.
(4) 
The word “lot” includes the word “plot,” “parcel” or “tract.”
(5) 
The term “shall” is mandatory.
(6) 
The word “used” or “occupied” as applied to any land or structure shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
(7) 
The word “Commission” and the words “Planning Commission” always mean the Hilltown Township Planning Commission.
(8) 
The word “Board” or the words “Zoning Hearing Board” always mean the Hilltown Township Zoning Hearing Board.
C. 
Any word, term or phrase used in this chapter, but not specifically defined herein, shall be given its normal and customary meaning as found in the most recent edition of Webster’s New Collegiate Dictionary.

§ 160-11 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESS
A way or means of approach to provide physical entrance to a lot.
ACCESSORY BUILDING
(See “building, accessory.”)
ACCESSORY USE
(See “use, accessory.”)
ACRE
A measure of land area containing 43,560 square feet.
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or specific purpose.
[Added 1-26-2009 by Ord. No. 2009-2]
AGRICULTURAL SOILS
(See “soils, agricultural.”)
AIRPORT
Any area of land or water which is used or intended to be used, for the landing and takeoff of aircraft.
AIRPORT ELEVATION
The highest point of an airports usable land area measured in feet above mean sea level.
ALLEY
A right-of-way or service way which provides a secondary means of public access to the side or rear of abutting properties and is not intended for general vehicular circulation.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ANTENNA
A device used to collect or transmit telecommunications or radio signals. Examples are panels and signal poles known as "whip antennae."
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
[Amended 5-24-2004 by Ord. No. 2004-4]
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation set forth in the “airport zones” section of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
AREA, FLOOR
The sum of the areas of the several floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
AREA, LOT
A. 
The area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter. Excluded are easements for overhead facilities, public water and sewer facilities, and any area within an existing or designated future street right-of-way or the area of any easement which would interfere with the proposed use, including but not limited to easements for detention basins or other above ground stormwater management and/or drainage facilities. The minimum lot area does not include any area designated as open space under the requirements of § 160-25, Site capacity calculations, and § 160-26, Table of Performance Standards.
B. 
For all proposed residential uses having a lot area greater than 30,000 square feet, there shall be an area within the overall lot area of at least 30,000 square feet for primary buildings, accessory buildings, driveways, parking areas, and on-site sewer and water systems. This area shall not contain floodplains, floodplain soils, lakes, ponds, watercourses or wetlands. For all proposed residential uses having a lot area of 30,000 square feet or less, the lot area shall not contain any of these noted natural features. For all proposed nonresidential uses, the proposed lot area shall contain an area of at least the minimum lot size, as specified in the Table of Performance Standards, which is included as an attachment to this chapter, which shall not contain any of these noted natural features.
C. 
Lots with natural features must comply with the requirements of § 160-28, Environmental performance standards, when the lot is developed.
AUTHORITY
The authority supplying service to the area, including Hilltown Township Water and Sewer Authority, Telford Borough Authority, North Penn Water Authority, or any other authority supplying services within the Township.
A-WEIGHT SOUND LEVEL
The level so read is designated dB(A) or dBA as measured on the slow weight scale. All sound levels referred to in this chapter shall be measured in dBA.
BASAL AREA
The cross-sectional area of the stem of a tree measured 4.5 feet above grade (dbh).
[Added 5-23-2011 by Ord. No. 2011-6]
BASAL AREA PER ACRE
The sum of each tree's basal area in a woodland divided by the number of acres within the woodland.
[Added 5-23-2011 by Ord. No. 2011-6]
BASEMENT
A story partly underground, but having 1/2 or more of its height (measured from floor to ceiling) above the average level of the adjoining ground and with a floor to ceiling height of not less than six feet eight inches. A basement shall be counted as a story for the purpose of height measurements or determining square footage, only if the vertical distance between the ceiling and the average level of the adjoining ground is more than four feet, or if used for business or dwelling purposes.
BILLBOARD SIGN
(See "sign," Subsection A, "billboard.")
[Amended 10-24-2022 by Ord. No. 2022-002]
BOARD
The Zoning Hearing Board of the Township of Hilltown, granted jurisdiction under Article VI of the Municipalities Planning Code, Act 247, 53 P.S. § 10601 et seq., as amended, of the Commonwealth of Pennsylvania.
BOARDER, ROOMER or LODGER
A person, except family, occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).
BOARD OF SUPERVISORS
The governing body of the Township of Hilltown granted jurisdiction under Article VI of the Municipalities Planning Code, Act 247, as amended, of the Commonwealth of Pennsylvania.
[Amended 5-24-2004 by Ord. No. 2004-4]
BUILDABLE AREA
(See “building envelope.”)
BUILDING
A structure under roof, used for the shelter or enclosure of persons, animals or property. The word “building” shall include any part thereof.
BUILDING, ACCESSORY
A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING ENVELOPE
The two-dimensional area of a lot within which a principal structure is permitted to be built and which is defined by the required yard setbacks.
BUILDING HEIGHT
The vertical distance of a building measured from the average elevation of the proposed finished grade within 20 feet of the front of the structure to the highest point of the roof, not including church steeples, clock towers and silos.
BUILDING INSPECTOR
That individual designated by the Board of Supervisors to enforce the provisions of the building code.[1]
BUILDING, PRINCIPAL
A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
BUILDING RESTRICTION LINE
(See “building setback line.”)
BUILDING SETBACK LINE
A line extending the full width of a lot which is parallel, or radial, to the ultimate street right-of-way at a perpendicular distance therefrom equal to the required front yard for the zone in which said lot is located. The location of this line determines the closest point to the street that any building may be located.
[Amended 10-24-2022 by Ord. No. 2022-002]
BUSINESS
Includes commercial, industrial, and professional activity, whether “for profit” or otherwise.
CANDELA
The SI unit of luminous intensity. One candela is one lumen per steradian (lm/sr).
[Added 6-28-2004 by Ord. No. 2004-6]
CANDLEPOWER
Luminous intensity expressed in candelas.
[Added 6-28-2004 by Ord. No. 2004-6]
CELLAR
A space partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the average finished grade of the adjoining exterior ground surface, or with a floor-to-ceiling height of less than six feet eight inches. A cellar shall not be included in determining the permissible number of stories or square footage, nor shall it be used for dwelling, office or business purposes.
CELLULAR TELECOMMUNICATIONS FACILITY
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
[Amended 5-28-2013 by Ord. No. 2013-2]
A. 
Co-location. The placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the municipality. The term includes the placement, replacement, or modification of accessory equipment within a previously improved equipment compound.
B. 
Replacement. The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair, or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the wireless telecommunication facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
C. 
Substantial change:
(1) 
Any increase in height of the wireless support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or
(2) 
Any further increase in height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
D. 
Wireless support structure. A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, that could support the placement or installation of wireless telecommunications facilities if approved by the Township.
CERTIFICATE OF OCCUPANCY AND USE
A document issued by the Building Inspector and/or Zoning Officer allowing the occupancy and/or use of a building and certifying that the structure and/or use has been constructed and/or will be used in compliance with all the applicable municipal codes and ordinances.
CHANGE OF USE AND OCCUPANCY
Any use which substantially differs from the previous use of a building or land, such as a change of use from an E1 type use to an E2 type use as described within the Table of Use Regulations herein.[2]
CLUSTER
A development design technique that concentrates buildings in specific areas on a site to allow the remaining land area to be used for recreation, common open space, and preservation of environmentally sensitive features.
CLUSTER SUBDIVISION
A form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.
COMMON OPEN SPACE
(See “open space, common.”)
COMMUNICATIONS TOWER
A structure intended to support equipment used to transmit and/or receive telecommunications or radio signals. Examples of such structures include monopoles and lattice construction steel structures.
COMMUNITY FACILITY
(See “use, municipal.”)
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code, Act 247[3] as amended.
CONDOMINIUM
A. 
A condominium is an ownership arrangement and not a land use, therefore it is allowed in any district and under the same restrictions of the land use that comprises it.
B. 
A condominium is a building or group of building units which have all of the following characteristics:
(1) 
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
(2) 
The unit may be any permitted building type.
(3) 
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in this chapter and Chapter 140, Subdivision and Land Development.
CONSTRUCTION, NEW
Construction pursuant to a valid building permit issued pursuant to the provisions in Chapter 157, Water, Article I, Public and Private Water Systems.
CONSTRUCTION PERMIT
See “permit, building."
CONSUMER
Includes a person, partnership, association or corporation, and shall mean anyone to whom water is supplied by an authority as defined herein, whether as owner or tenant.
CONTIGUOUS
Next to, abutting, or touching and having a boundary or portion thereof which is coterminous, or a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
CONVERSION
The change in the use of land or a structure.
CORNER LOT
(See “lot, corner.”)
COURTYARD
Any open space, unobstructed from the ground to sky, other than a yard as defined herein, that is on the same lot with, and bounded on two or more sides by, walls of a building.
CRITICAL AREA
(See “environmentally sensitive area.”)
CUTOFF ANGLE (OF A LUMINAIRE)
The angle, measured up from nadir, between the vertical axis and first line of sight at which the bare source is not visible.
[Added 6-28-2004 by Ord. No. 2004-6]
DBH
Diameter breast height. The diameter of a tree measured at 4.5 feet above grade.
[Added 5-23-2011 by Ord. No. 2011-6]
DECIBEL
A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
DECISION
The final adjudication of any board or other body granted jurisdiction under the Municipalities Planning Code, Act 247, as amended, to do so, either by reason of the grant of exclusive jurisdiction or by reasons of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the municipality lies.
DENSITY
Density is a measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre (DU/Ac.).
DENSITY, GROSS
A number determined by dividing the total number of dwelling units by the base site area (the total amount of land area in a lot, parcel or tract, minus all of the land area within existing or the ultimate rights-of-way of existing streets).
DENSITY, NET
This is the maximum density permitted on the buildable portion of the site, as determined by § 160-25.
DETERMINATION
A. 
The final action taken by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, to specifically include the Zoning Officer and excluding the following:
(1) 
The governing body.
(2) 
The Zoning Hearing Board.
B. 
Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLAN
The provisions for development, including a planned residential development, a plat for subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, pedestrian ways and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this chapter shall mean the written and graphic materials referred to in this definition.
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, official map, floodplain regulation or other governmental regulation over the use and development of land.
DIRECT LIGHT
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
[Added 6-28-2004 by Ord. No. 2004-6]
DISTRICT
A part, zone or geographical area within the municipality within which certain and specific land use, zoning and/or development regulations apply uniformly.
DORMITORY
A building occupied by and maintained exclusively for faculty, students or other such persons affiliated with a school, church, recreational or educational facility or other recognized institution when regulated by such institution.
DRAINAGEWAY, NATURAL
Any natural waterway or watercourse, formed to carry over land stormwater and are typically referred to as swales, intermittent and/or ephemeral streams.
[Amended 10-24-2022 by Ord. No. 2022-002]
DRIVEWAY
A private vehicular way providing access to parking spaces, a garage, dwelling or other structure.
DWELLING
A building containing one or more dwelling units on a separate parcel of land or where properly zoned, a building containing one or more dwelling units on a single parcel of land, used exclusively for human habitation.
DWELLING, MULTIFAMILY
A dwelling containing more than two dwelling units.
DWELLING, PATIO HOUSE
A single-family dwelling on a separate lot which is fully enclosed to create a court.
DWELLING, SINGLE-FAMILY
A building containing one dwelling unit.
DWELLING, SINGLE-FAMILY ATTACHED
A single-family dwelling attached to two or more single-family dwellings by common vertical walls.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A single-family dwelling attached to one other single-family dwelling by a common vertical wall, and each dwelling is located on a separately deeded lot.
DWELLING, TWO-FAMILY
A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from the ground to the roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT
One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT
A grant of one or more of the property rights by the property owner to, and/or for, the use by the public, a corporation, or other person in equity, which is subordinate to, but not inconsistent with, the owner’s general property rights.
EASEMENT, CONSERVATION
An easement precluding future or additional development of a lot, parcel or tract of land, generally for a finite period of time.
EASEMENT, DRAINAGE
An easement secured for the preservation of natural drainageways, stream corridors and perennial and/or intermittent streams, and for related man-made drainage facilities related thereto.
EFFICIENCY DWELLING UNIT
A dwelling unit for one individual or small family consisting of one room, exclusive of bathroom, hallway, closets, and the like, providing not less than 220 square feet of usable floor area.
[Added 10-24-2022 by Ord. No. 2022-002]
EGRESS
An exit.
ELECTRIC SUBSTATION
(See “utilities.”)
EMPLOYEE
A term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full- or part-time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.
ENCROACHMENT
Any placement or obstruction in a delineated floodway, right-of-way, easement, required yard, setback or adjacent land.
ENVIRONMENTAL IMPACT ASSESSMENT
A detailed report of the geophysical effect that a development proposal may have on the natural environment, including methods and techniques for mitigating any potentially adverse consequences of said development.
ENVIRONMENTALLY SENSITIVE AREA
An area with one or more of the following characteristics:
A. 
Slopes in excess of 8%;
B. 
Floodplains and/or alluvial soils;
C. 
Hydric soils;
D. 
Soils classified as highly erodible or corrosive;
E. 
Land incapable of meeting percolation requirements;
F. 
Land formerly used for landfill operations or hazardous industrial uses;
G. 
Geologic fault areas;
H. 
Stream corridors;
I. 
Mature stands of native vegetation;
J. 
Aquifer recharge and discharge areas.
EQUIVALENT DWELLING UNIT
(See Hilltown Township Water and Sewer Authority regulations.)
ESTABLISHMENT
An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed.
EVEN-AGE MANAGEMENT
Management of a forest stand where the range in tree age does not exceed 20% of the rotation length resulting in a forest consisting of trees of the same or nearly the same age.
[Added 5-23-2011 by Ord. No. 2011-6]
EXCAVATION
The removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
EXISTING USE
The use of a lot or structure at the time of the enactment of this chapter.
FAMILY
One person or two or more persons, related by blood, foster relationship, marriage or adoption, and in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining common household with single cooking facilities; and including such other uses related to the occupancy thereof by persons who suffer from a "handicap" as that term is defined in Section 3602(h) of the Fair Housing Act [42 U.S.C. § 3602(h)] and who are protected as such from discrimination under the provisions of Section 3604 thereof (42 U.S.C. § 3604), and uses accessory thereto, and no other. The word "family" as used herein shall not include roomers, boarders or lodgers [except those protected as suffering from a "handicap" under the provisions of Sections 3602(h) and 3604 of the Fair Housing Act] or any use otherwise defined, described or regulated in the chapter.
[Amended 5-24-2004 by Ord. No. 2004-4; 5-28-2013 by Ord. No. 2013-2]
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land or land use.
FILL
Sand, gravel, earth, earthen or other materials of any composition whatsoever placed or deposited by humans on or under the ground surface.
FIXTURE
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, mounting bracket or pole socket, lamp holder, ballast, reflector or mirror, and/or refractor or lens.
[Added 6-28-2004 by Ord. No. 2004-6]
FLAG LOT
A lot with reduced frontage on a public street and where access to the public street is by means of a private drive and/or easement.
FLOOD
The temporary inundation by surface water of land areas usually devoid of surface waters.[4]
FLOOD OR SPOT LIGHT
Any light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directed beam in a particular direction.
[Added 6-28-2004 by Ord. No. 2004-6]
FLOODPLAIN[Amended 1-26-2015 by Ord. No. 2015-003]
A. 
Any areas of Hilltown Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
B. 
For areas abutting streams and watercourses where the one-hundred-year floodplain (one-percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the one-hundred-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the one-hundred-year flood shall be included in the floodplain area.[5]
FLOOR AREA
(See “area, floor.”)
FLOOR AREA RATIO
The numerical ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area. (See “area, floor.”)
FOOTCANDLE
A unit of illuminance. One footcandle is one lumen per square foot (lm/ft2).
[Added 6-28-2004 by Ord. No. 2004-6]
FOREST
(See “woodlands.”)
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, and which does not involve any land development.
[Added 5-23-2011 by Ord. No. 2011-6]
FRONTAGE
That dimension of a lot abutting on a street that is between the side lot lines measured along the principal street’s ultimate right-of-way line.
FRONT LOT LINE
(See “lot line, front.”)
FRONT YARD
(See “yard, front.”)
FULLY SHIELDED LIGHTS
Outdoor light fixtures shielded or constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or refraction, is projected below the horizontal plane through the fixture's lowest light-emitting part as certified by a photometric test report.
[Added 6-28-2004 by Ord. No. 2004-6]
GARAGE
A deck, building or structure, or part thereof, used or intended to be used for the parking and/or storage of vehicles.
GARAGE, MUNICIPAL
A structure owned and operated by a municipality and used primarily for the storage of municipal public works vehicles. (See "use, municipal.")
GARAGE, PRIVATE RESIDENTIAL
A building, structure or part thereof which is accessory to a residential dwelling and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and in which no commercial activities, use, or service, is rendered, provided or conducted, for the benefit of the general public. Private garage sales shall be permitted in private residential garages provided that all applicable regulations of this chapter are met.
GARAGE, REPAIR
Any building, structure or part thereof, in which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
GLARE
The sensation produced by luminances within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility.
[Added 6-28-2004 by Ord. No. 2004-6]
A. 
BLINDING GLAREGlare that is so intense that, for an appreciable length of time after it has been removed, no object can be seen.
B. 
DIRECT GLAREGlare resulting from high luminances or insufficiently shielded light sources in the field of view.
C. 
DISABILITY GLAREThe effect of stay light in the eye whereby visibility and visual performances are reduced.
D. 
DISCOMFORT GLAREGlare that produces discomfort. It does not necessarily interfere with visual performance or visibility.
E. 
REFLECTED GLAREGlare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.
GRADE
The degree of rise or descent of a sloping surface.
GRADE, FINISHED
The final elevation of the ground surface after development.
GRADE, NATURAL
The elevation of the ground surface in its natural state, before man-made alterations.
GRADING
The changing of the natural topography through cutting or filling by more than one foot in elevation over an area exceeding 1,000 square feet, or in which the natural drainage pattern of a lot is altered.
HABITABLE ROOM
Any room in a dwelling unit other than a kitchen, bathroom, closet, pantry, hallway, cellar, storage space, garage and basement recreation room.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEARING
An administrative proceeding conducted by a Board pursuant to 53 P.S. § 10901.1 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
HEIGHT
See “building height.”
HEIGHT, AIRPORT
For the purposes of determining height the datum shall be mean sea level unless otherwise specified.
HEIGHT OF LUMINAIRE
Height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
[Added 6-28-2004 by Ord. No. 2004-6]
HISTORIC AREA
A district, zone, or area designated by the Board of Supervisors within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including color, proportion, form and architectural detail, or because of their being part of, or related to, a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical and/or architectural motives or purposes.
HISTORIC PRESERVATION
The protection, rehabilitation, and/or restoration of districts, sites, buildings, structures and artifacts significant in American history, architecture, archaeology, or culture.
HOME OCCUPATION
Any use carried out for remuneration conducted entirely within a dwelling unit by members of the family residing therein, which is clearly incidental and secondary to the residential use of the dwelling, does not change the residential appearance or character of the dwelling, and does not emit any sound, noise, or noxious odors discernible outside of the dwelling unit, and does not increase traffic or parking requirements.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.
HORIZONTAL ZONE
The area of 150 feet above the airport elevation established by swinging arcs 5,000 feet radii for all runways designated utility or vision and 10,000 feet radii for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. This zone specifically does not include the approach and transitional zones.
HYDRIC SOILS
(See “soils, hydric.”)
ILLUMINANCE
Quantity of light measured in footcandles or lux.
[Added 6-28-2004 by Ord. No. 2004-6]
ILLUMINATION
An alternative term for illuminance. Commonly used in a qualitative or general sense to designate the act of illuminating or the state of being illuminated.
[Added 6-28-2004 by Ord. No. 2004-6]
IMPACT ANALYSIS
(See “environmental impact assessment.”)
[Amended 5-24-2004 by Ord. No. 2004-4]
IMPERVIOUS SURFACE
Impervious surfaces are those surfaces which do not readily absorb rain. All buildings, structures, parking areas, driveways, roads, sidewalks and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition will also be classified as impervious within the meaning of this definition.
IMPERVIOUS SURFACE RATIO
The impervious surface ratio is a measure of the intensity of the use of a piece of land. It is measured pursuant to § 160-25, Site capacity calculations. Within a development site, land area and proposed impervious surface required for construction of new public streets or private streets constructed pursuant to an approved Age Qualified Residential Community plan shall not be included to determine the impervious surface ratio of a site.
[Amended 6-28-2004 by Ord. No. 2004-5; 6-25-2007 by Ord. No. 2007-6]
INDIRECT LIGHT
Direct light that has been reflected or has scattered off of other surfaces.
[Added 6-28-2004 by Ord. No. 2004-6]
JUNK
Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.
JUNKYARD
An area of land, with or without buildings, used for the storage outside of a completely enclosed building, or used for discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, salvage, sale or other use or disposition of the same. The deposit or storage of two or more motor vehicles in an inoperative condition and/or not having valid inspection stickers issued by the Pennsylvania Department of Transportation, except farm vehicles, shall be deemed to constitute a junkyard. Auto salvage yards, and junk on individual lots, constitute junkyards.
KENNEL
An establishment in which more than three dogs, cats or other domestic pets that are more than six months old are housed, groomed, bred, boarded, trained or sold.
LAKES AND PONDS
Natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams, or result from excavation. The shoreline of such water bodies shall be measured from the spillway crest elevation rather than permanent pool if there is any difference. Lakes are bodies of water two or more acres in surface area. Ponds are any water bodies less than two acres in surface area.
LAMP
The component of luminaire that produces light. A generic term for man-made source of light, i.e., a light bulb.
[Added 6-28-2004 by Ord. No. 2004-6]
LAND
Ground, soil or earth, including structures thereon, above or below the ground surface.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
Development in accordance with § 10503(1.1) of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
LANDOWNER
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.
LAND USE
A description of how land is occupied/utilized or intended to be occupied/utilized.
LIGHT
Radiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 to 770 nanometers.
[Added 6-28-2004 by Ord. No. 2004-6]
LIGHT LOSS FACTOR (LLF)
The ratio of illuminance for a given area to the value that would occur if lamps are operated at their initial rated lumen output and if no system variation or depreciation had occurred.
[Added 6-28-2004 by Ord. No. 2004-6]
LIGHT TRESPASS
The shining of light produced by luminaire beyond the boundaries of the property on which it is located.
[Added 6-28-2004 by Ord. No. 2004-6]
LIVE-WORK UNITS
A dwelling unit in combination with a place of business within the same building, whereby the resident occupant lives above the shop, studio or other place of employment that is located below, on the ground floor of the building.
[Added 1-26-2009 by Ord. No. 2009-2]
LOT
A designated parcel, tract or area of land, established by plat, or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
(See “area, lot.”)
LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135°.
LOT COVERAGE
That portion of a lot covered by impervious surfaces.
LOT DEPTH
The mean distance measured from the front lot line to the rear lot line along the side lot lines.
LOT, DOUBLE FRONTAGE
A lot (except for a corner lot) which fronts on two streets.
LOT, FLAG
(See “flag lot.”)
LOT FRONTAGE
(See “frontage.”)
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public or private space.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
LOT LINE, REAR
Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT LINE, SIDE PARTY WALL
Any side lot line which also divides attached dwellings by common vertical walls.
LOT, MINIMUM AREA OF
The smallest lot area established by this chapter on which a use or structure may be located in a particular district.
LOT, REVERSE FRONTAGE
A through lot fronting on two classifications of streets which shall gain access exclusively from the lower order street. When a lot fronts on both a collector and local status street the lot shall gain access from the local street.
LOT SIZE
See "area, lot."
[Added 5-22-2017 by Ord. No. 2017-003]
LOT, THROUGH
A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOT WIDTH
The distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such lot line and the opposite rear lot line or ultimate right-of-way line.
LUMEN
A standard unit of luminous flux. Photometrically, it is the luminous flux emitted within a unit solid angle (one steradian) by a point source having a uniform luminous intensity of one candela. One footcandle is one lumen per square foot. For the purposes of this section, the lumen-output values shall be the initial lumen output ratings of a lamp, as specified by the manufacturer of the lamp (light bulb).
[Added 6-28-2004 by Ord. No. 2004-6]
LUMINAIRE
A complete lighting unit consisting of one or more lamps together with the fixture; other parts designed to control the light distribution; and other mechanical and electrical components.
[Added 6-28-2004 by Ord. No. 2004-6]
LUMINAIRE, CUTOFF
A luminaire whose candlepower per 1,000 lumens does not numerically exceed 25 (2.5%) at an angle of 90 above nadir (horizontal), and 100 (10%) at a vertical angle of 80 above nadir.
[Added 6-28-2004 by Ord. No. 2004-6]
LUMINANCE
The physical and measurable quantity corresponding to the brightness of a surface in a specific area from which light is emitted or reflected (e.g., a lamp, luminaire, reflecting material). Can be measured in candelas per square meter (cd/m2) or luxes.
[Added 6-28-2004 by Ord. No. 2004-6]
LUMINOUS FLUX (RADIANT FLUX or POWER)
The time rate of flow of radiant energy evaluated in terms of a standardized visual response.
[Added 6-28-2004 by Ord. No. 2004-6]
LUMINOUS INTENSITY
The luminous flux per unit solid angle in the direction in question. May be expressed in candelas or lumens per steradian (lm/sr).
[Added 6-28-2004 by Ord. No. 2004-6]
LUX
The standard unit of illuminance. One lux is one lumen per square meter (lm/m2).
[Added 6-28-2004 by Ord. No. 2004-6]
MEDIATION
A voluntary negotiating process in which parties in a land use dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MINERAL ACTIVITIES, RESOURCE EXTRACTION ACTIVITIES
Resource extraction activities, including, but not limited to, the extraction of minerals from the earth, from waste, stockpiles or from pits or from banks by removing the strata or material that overlies or is above or between them or otherwise exposing and retrieving them from the surface. The term includes, but is not limited to, strip mining, auger mining, dredging, quarrying and leaching and the surface activity connected with surface mining, including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft and borehole drilling and construction and activities related thereto. The term does not include mining operations carried out beneath the surface by means of shafts, tunnels or other underground mine operations, nor does the term include the removal of overburden, the construction of berms, fencing and roadways.
[Added 8-31-2005 by Ord. No. 2005-2]
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed on a permanent axle so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PAD
That part of an individual mobile home lot which has been reserved for the placement of a mobile home, appurtenant structures or additions and constructed according to specifications in this chapter.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the municipality and/or planning agency.
MUNICIPAL USE
(See “use, municipal.”)
NEW CONSTRUCTION
(See “construction, new.”)
NIGHTTIME
The hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the center of sun's disk six degrees below the horizon.
[Added 6-28-2004 by Ord. No. 2004-6]
NOISE DISTURBANCE
Any sound which:
A. 
Endangers or injures the safety or health of humans or animals; or
B. 
Annoys or disturbs a reasonable person of normal sensitivities; or
C. 
Endangers or injures personal or real property; or
D. 
Violates the noise standards set forth in § 160-36 of this chapter.
NONCOMMERCIAL SWIMMING POOLS
An accessory recreational facility designed to contain a water depth of 24 inches or more for use by the residents of the principal use and/or their guests.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part thereof manifestly not designed to comply with the applicable bulk standards or extent thereof in a zoning ordinance or amendment thereto, where such structure lawfully existed prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment thereto. Such nonconforming structures include but are not limited to signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment thereto, where such use was lawfully in existence prior to the enactment or amendment of such ordinance.
OBSTRUCTION, AVIATION
Any structure, growth or object, whether or not fixed to the ground, which exceeds the maximum height prescribed by the regulations of the Federal Aviation Administration or other regulatory authority.
OCCUPANCY
The use of a building, lot or portion thereof for a specific purpose.
OCCUPANCY PERMIT
A required permit allowing occupancy of a building, structure, lot or portion thereof after it has been determined that the building and/or use meets all applicable ordinance requirements.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for resource protection, public or private use and enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space shall not include land occupied by nonrecreational structures, roads, street rights-of-way, parking lots, land reserved for future parking, or any portion of required minimum lot areas as required by this chapter.
OPEN SPACE, COMMON
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
[Amended 5-24-2004 by Ord. No. 2004-4]
OPEN SPACE RATIO
The total amount of proposed or required open space within a site divided by the base site area.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
[Added 6-28-2004 by Ord. No. 2004-6]
OUTDOOR LIGHTING, TEMPORARY
Outdoor lighting that is used for a period of less than 30 days, with at least 90 days passing before being used again annually for a period of 30 days or less.
[Added 6-28-2004 by Ord. No. 2004-6]
OUTDOOR STORAGE
The keeping in an unroofed area of any goods, junk, material, merchandise, or inoperable vehicles.
PARCEL
(See “lot.”)
PARKING AREA
Any public or private land area designated and/or used for parking motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets.
PEDESTRIAN
An individual who travels by foot.
PERFORMANCE SUBDIVISION
A type of planned subdivision that encourages sound land planning practices for the preservation of environmental features and open space by encouraging a variety of housing choices in a clustered design.
PERMIT
Written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
PERMIT, BUILDING
A permit issued by the designated Township official prior to the construction, reconstruction, alteration, repair or addition to a building, structure or part thereof.
PERMITTED USE
A use allowed by right in a zoning district subject to the restrictions applicable to that use and zoning district.
PERMIT, ZONING
A permit issued by the Zoning Officer stating that the purpose for which a building, structure, land or portion thereof will be used shall be in conformance with all applicable requirements of this chapter for the zoning district in which the use and property is situated.
PERSON
Any corporation, partnership, association, receiver, legal representative, trustee, trustee in bankruptcy, labor organization, municipality, or individual, as well as any other entity recognized as a “person” at law.
PLANNING AGENCY
The Planning Commission of Hilltown Township as designated by the Board of Supervisors.
PLOT PLAN
A drawing submitted for a Zoning Permit indicating the uses, locations, dimensions and orientations of all physical features on a lot, including but not necessarily limited to property lines, streets, buildings, structures, driveways, parking areas, walkways, patios, or other impervious surfaces, large trees, and other significant natural features located on a lot, and the uses of all adjacent lots.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specifically hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specifically prepared hard surface, or panned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is 250 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
PRINCIPAL USE
The primary or predominate use of a lot.
PROHIBITED USE
A use that is not permitted in a zoning district.
PROPERTY
A. 
A building or enclosure occupied as a single dwelling unit or business;
B. 
A combination of buildings in a common enclosure occupied as a single dwelling or business;
C. 
One side of a double house with a solid vertical partition wall occupied as a single dwelling unit;
D. 
Each dwelling unit, business, or profession occupying the same building or enclosure, regardless of whether or not any additional plumbing facilities are existing with respect to such dwelling units, businesses, or professions in addition to those installed or existing in the first year thereof; provided, however, that during the first year following the date upon which newly constructed or reconstructed commonly owned multiple dwelling, business or professional unit shall be considered as property for purposes of this chapter only upon its having been rented for occupancy. Upon the expiration of such first year, such additional dwelling, business or professional unit shall be considered a property thereunder, regardless of whether or not it has been so rented.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action in accordance with the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
PUBLIC MEETING
A forum held pursuant to notice under the Act of October 15, 1998 (P.L. 729, No. 93), known as the “Sunshine Act” (65 Pa.C.S.A. § 701 et seq.).
[Amended 5-24-2004 by Ord. No. 2004-4]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
QUARRY
The use of open spaces, non-coal surface mining, ready-mix concrete plant, manufacture of stone-related products, retail and wholesale sales of stone and stone-related products, the manufacture of concrete items, bituminous asphalt plants, the storage, maintenance and repair of construction and quarry vehicles, equipment, raw materials and furnished products, and operations necessary therefor, including, but not limited to, blasting, crushing and sorting and accessory uses, including offices for any permitted principal or accessory uses, including, but not limited to, quarry, construction, concrete and bituminous asphalt business and sales offices related to the aforesaid uses or any one or more of the aforesaid uses.
[Added 8-31-2005 by Ord. No. 2005-2]
QUARRY OPERATOR or OPERATOR
The owner or other user who is conducting the use and operations of the quarry site in accordance with this chapter.
[Added 8-31-2005 by Ord. No. 2005-2]
QUORUM
A majority of the full membership of the Planning Commission, Zoning Hearing Board or Board of Supervisors as is required by the Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended, to take official action or render a decision regarding a land use application.
RECREATIONAL VEHICLE OR UNIT
A vehicle or piece of equipment, whether self-powered or designed to be pulled, carried, or flown, intended primarily for leisure time or recreational use. Recreational vehicles or units include but are not limited to the following: travel trailers, truck campers, automobiles, buses or trucks adapted for recreational use, snowmobiles, mini-bikes, all terrain vehicles, go-carts, boats and trailers, ultra-lights, hang gliders and the like.
RELIGIOUS WORSHIP, PLACE OF
Any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity.
REPORT
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom.
RESOURCE EXTRACTION ACTIVITIES
See "mineral activities, resource extraction activities."
RIGHT-OF-WAY
Land usually linear in configuration, set aside for use as streets, roads, pedestrian ways or other means of travel and/or for the location of public utilities.
RIGHT-OF-WAY, EXISTING
The legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
RIGHT-OF-WAY, STREET LINE
The dividing line between the street and a lot. The street right-of-way line shall be coterminous with the ultimate right-of-way line and associated lot line therewith.
RIGHT-OF-WAY, ULTIMATE (FUTURE)
The right-of-way deemed necessary by the Hilltown Township Comprehensive Plan and Chapter 140, Subdivision and Land Development, and established herein as appropriate to provide adequate width for future street and/or utility improvements.
ROADSIDE STAND
A roadside stand is a building or structure for the display and sale of agricultural products. A roadside stand shall not contain a basement or cellar and shall not be provided with either water or sanitary sewer service.
[Added 2-22-2010 by Ord. No. 2010-1]
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
SETBACK
The distance between a lot line and the closest portion of a building or any projection thereof, excluding uncovered steps.
SETBACK LINE
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 structure must be located. (See “building envelope.”)
SEWAGE DISPOSAL, PRIVATE[Amended 10-24-2022 by Ord. No. 2022-002]
A. 
INDIVIDUAL ON-LOTA system of piping, tanks, or other facilities serving a single lot and collecting and disposing of sewage, in whole or in part, into the soil or into any waters of the Commonwealth.
B. 
COMMUNITY SYSTEMA sewage disposal system for the collection of sanitary sewage from two or more lots or structures, and the treatment and/or disposal of the sewage on one or more lots or at any other site.
SEWER, PUBLIC SANITARY
A public or private utility system designed to collect, centrally treat and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever is more stringent.
SEWER, STORM
A system of conduits that collects and routes stormwater to a surface water discharge point.
SHOPPING CENTER
A group of commercial establishments, planned, developed, owned and managed as a unit related in location, size, and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores.
SIGHT TRIANGLE, CLEAR
An area of unobstructed vision at street intersections defined by the center line of the streets and by a line of sight between points on their center lines at a predetermined distance from the intersection of the center lines, measured at three feet in height.
SIGN
Any device used to identify or call attention to a business, residence, location, event, organization or notice.
A. 
BILLBOARD- A type of freestanding sign, with an area in excess of 100 square feet but not in excess of 350 square feet. For purposes of this chapter, freestanding signs mounted on rooftops are not considered billboards.
[Amended 7-27-2009 by Ord. No. 2009-6]
(1) 
Electronic graphic displays (digital billboards). An off-premises sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade. Electronic graphic display signs shall include computer-programmable, microprocessor-controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.
(2) 
Video billboard. A billboard that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which mimic the illusion of motion, including, but not limited to, moving objects, moving patterns or bands of light, or expanding and contracting shapes and/or fade, dissolve, travel or scrolling features. Video billboards include projected images or messages with these characteristics onto buildings or other objects.
B. 
DOUBLE-FACED SIGN- Any sign which contains two separate and distinct message display areas facing different directions.
C. 
FREESTANDING SIGN- A sign supported by means of poles or stands either on the ground or on the roof of a building. The height of a freestanding sign shall be measured from the finished grade. For purposes of this chapter, all references to freestanding signs shall not include billboards unless expressly stated otherwise.
D. 
ON-PREMISES SIGN- A sign which directs attention to a person, business, profession, home occupation, or activity conducted on the same lot.
E. 
OFF-PREMISES SIGN- A sign which directs attention to a person, business, profession, product, home occupation, or activity not conducted on the same lot.
F. 
PARALLEL SIGN- A sign mounted parallel to a wall or other vertical building surface.
G. 
PROJECTING SIGN- A sign mounted to a wall or other vertical building surface other than a parallel sign.
H. 
TEMPORARY SIGN- A nonpermanent sign to be erected, affixed, or maintained on a premises for a short, usually fixed, period of time.
I. 
WINDOW SIGN- A temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles, and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.
SITE
A parcel of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREA
All land area within a site as defined by deed and determined by field survey.
SITE AREA, BASE
The area of a lot, parcel or tract of land exclusive of the area located within all existing and future street rights-of-way.
SITE AREA, NET BUILDABLE
That area of a site remaining after the minimum required open space area, as defined by this chapter, is deducted from the base site area.
SLOPE
The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. (See “grade.”)
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and can be readily excavated.
SOILS, AGRICULTURAL
Soils classified in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, July 1975. The term, unless otherwise specified, refers to land capability units I, II and III; those soils which may be considered prime agricultural soils.[6]
SOILS, HYDRIC
Soils that are categorized as poorly drained that can support hydrophytic plants, but may not do so in many cases. For the purpose of this chapter hydric soils are general wetland indicator soils. (See “wetlands.”)
SOILS ON FLOODPLAIN (ALLUVIAL SOILS)
Areas subject to periodic flooding listed in the Official Soil Survey provided by the United States Department of Agriculture, Natural Resource Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/), as soils having a flood frequency other than none.
[Amended 1-26-2015 by Ord. No. 2015-003; 10-24-2022 by Ord. No. 2022-002]
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compressions and refraction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL METER
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averages, output meter, and weighting networks used to measure sound pressure levels.
SPECIAL EXCEPTION
A use permitted in a particular zoning district requiring prior approval and decision by the Zoning Hearing Board that the use complies with the standards as set forth in this chapter.
STEEP SLOPES
Areas where the average slope exceeds 8% which, because of the slope, may be subject to high rates of stormwater runoff and therefore erosion.
STERADIAN, SR (UNIT OF SOLID ANGLE)
The solid angle subtended at the center of a sphere by an area on the surface of the sphere equal to the square of the sphere radius.
[Added 6-28-2004 by Ord. No. 2004-6]
STORY
That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having one half or more of its wall area above grade level. A half story is a story immediately under a gable, hip or gambrel roof.
STORY, GROUND
That story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of a dwelling.
STREAM
Rivers, creeks, springs, and other perennial or intermittent watercourses containing water at least on a seasonal basis during an average water year. The term "stream" shall include all "ephemeral," "intermittent," and "perennial" streams.
[Added 5-23-2011 by Ord. No. 2011-6]
A. 
STREAM, EPHEMERALA reach of a naturally occurring stream that flows only during and for short periods following precipitation, and flows in low areas that may or may not have a well-defined channel. Ephemeral streams connect to a perennial or intermittent stream, or other natural water body such as a pond, lake or wetland. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Ephemeral streams typically have little or no aquatic community.
B. 
STREAM, INTERMITTENTA reach of stream that flows only during wet periods of the year and flows in a continuous well-defined channel. During dry periods, especially in summer months, intermittent streams may only have a trickle of visible flow, but there is subsurface flow. This condition is usually caused by seasonal changes in the groundwater table or periods of drought. The aquatic community has low diversity, and/or a dominance of forms with relatively short aquatic life stages, and/or absence of predators or multiple life stages.
C. 
STREAM, PERENNIALA body of water in a channel that flows throughout a majority of the typical water year in a defined channel and is capable, in the absence of pollution, drought or man-made stream disturbances, of supporting a benthic macroinvertebrate community with relatively long aquatic life stages and/or the presence of multiple life stages, and/or the presence of rooted aquatic plants.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic whether public or private.
STREET LINE
(See “right-of-way, street line.”)
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the surface.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purposes, whether immediate or future, of lease, partition by the court for the distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempt.
SWIMMING POOL
Any structure of solid materials so designed, either below or above the surface of the ground, as to hold water and to be used for the purpose of bathing or swimming in which the depth of the water stored therein above or below ground level exceeds two feet in depth.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The structure in which the electronic receiving and relay equipment for a cellular telecommunications facility is housed.
TRANSITIONAL SURFACES
A surface extending outward at a ninety-degree angle to the runway center line with the runway center line extending at a slope of seven feet horizontal for each one foot vertical from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. With respect to precision approach surfaces, transition surfaces project through (and beyond) the limits of the conical surface, extending a distance of 5,000 feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extending runway center line.
TRANSITIONAL ZONE
A zone consisting of the areas beneath the transitional surfaces. This zone begins at the sides of and at the same elevation as the primary surface and approach surface extending seven feet horizontal for each one foot vertical and extending to a height of 100 feet above the airport elevation and extending to the intersection with the conical surface.
TRUCK AND/OR BUS STORAGE FACILITY
Any lot or tract of land which is utilized for the parking and/or storage of two or more commercial-type trucks, and/or commercial-type vans and/or buses, whether or not said vehicles are registered and/or inspected. A commercial-type truck or van is defined as a vehicle primarily utilized for a commercial purpose, and is exclusive of privately owned pickup trucks, vans, and jeeps primarily utilized for recreational, noncommercial private uses. Trucks and vans in conjunction with agricultural uses are not included as commercial-type trucks or vans herein.
UNEVEN-AGE MANAGEMENT
Management of a forest stand to maintain or create and regenerate a forest that has three or more distinctly different age classes, including regeneration.
[Added 5-23-2011 by Ord. No. 2011-6]
USE
Includes the phrases “arranged,” “designed” and “ intended to be used” and shall mean a specific purpose for which land, buildings or structures are designed, arranged, intended, occupied or maintained, or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a lot, parcel or tract of land.
USE, ACCESSORY
A use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.
USE, CONDITIONAL
(See “conditional use.”)
USE, EXISTING
(See “existing use.”)
USE, MUNICIPAL
A use conducted by the Township or a municipal authority duly incorporated by the Township, for the health, safety and general welfare of Township residents. Real property dedicated to either the Township or authority may be used for any municipal use, including but not limited to water systems, sewer systems, municipal buildings, streets, parking areas, parks, playgrounds, swimming pools, tennis courts, all municipal owned utilities and appurtenances used in connection with supplying such services, etc. In no event shall the landowner, in meeting the requirements of § 160-25 or § 160-26 which sets forth the amount of open space or municipal use property required of each subdivision, include real property upon which streets, parking areas, aboveground buildings used in the connection with water and/or sewer systems, or designated easements for public improvements or public utilities which improvements are required for the use of the property as a residential subdivision be designated as municipal use land. Land dedicated to the municipal use shall be owned and maintained in accordance with § 160-60, Conveyance and maintenance of municipal use/open space lands. Municipal uses may contain impervious surfaces. Such impervious surfaces shall be included in calculations of the impervious surface ratio. Open space/municipal use areas required by § 160-25, Site capacity calculations, and § 160-26, Table of Performance Standards, does not include the minimum lot area and minimum yard requirements for single-family or multifamily dwelling units for uses B3, B4 or B6 noted herein. This open space does not include land occupied by nonrecreational structures, roads, road rights-of-way, or parking areas required for the use of the property as a residential subdivision.
USE, PRINCIPAL
The main use on a lot and/or of a building or structure thereon.
UTILITIES
Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, to include but not necessarily limited to, electricity, gas, telephone, water and sewage, and the appurtenances used in connection with the supplying of such services, including but not necessarily limited to, buildings, wires, pipes and poles.
VARIANCE
Relief granted pursuant to § 160-104A of this chapter, and in accordance with Article IX of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10901 et seq., as amended.
WATERCOURSE
See "stream."
[Added 5-23-2011 by Ord. No. 2011-6]
WATER SUPPLY, INDIVIDUAL
A system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot.
WATER SYSTEM, PRIVATE CENTRALIZED
Any privately owned system for the supplying and distribution of potable water from a common source to two or more dwellings and/or other buildings in a single neighborhood, development and/or service area.
WATER SYSTEM, PUBLIC
Any municipal water supply system, or any privately owned system dedicated to an authority, or other approved public entity. Such private owned systems shall include a private franchise area, the water infrastructure system and/or a water supply capable of supporting the entire service area, or a standpipe or water storage system meeting Township specifications.
WETLANDS
Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, or similar areas.
WOODLANDS
Areas, groves, or stands of mature or largely mature trees the majority of which are greater than six inches caliper measured four feet above grade covering an area greater than 1/4 acre; or groves of mature trees without regard to minimum area consisting of more than 10 individual specimens which are greater than 12 inches caliper measured four feet above grade.
YARD
An open area unoccupied, except for permitted projections and plantings, on the same lot with a structure, extending along a lot line or a street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
YARD, FRONT
A required or proposed yard between a structure and a street right-of-way line extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a double frontage lot, the front yard shall be required along the street which provides access to the lot. The remaining street frontage shall be considered a rear yard.
YARD LINE
A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard. (See “building envelope.”)
YARD, REAR
A yard between the principal building, or if no building has been constructed, the building restriction line and the rear lot line and extending the entire length of, and parallel to, the rear lot line.
YARD, SIDE
A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
ZONE
A specifically delineated area or district in the municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land, buildings and structures.
ZONING
The dividing of the municipality into districts or zones and the establishment of regulations governing each and every zone.
ZONING ENVELOPE
The three-dimensional space within which a structure is permitted to be erected on a lot and which is defined by maximum height regulations, bulk area and yard setback requirements.
ZONING HEARING
A hearing conducted before the local Zoning Hearing Board pursuant to Article IX of the Municipalities Planning Code, Act 247, 53 P.S. § 10901 et seq., as amended, and Article IX of this chapter.
ZONING MAP
The Official Zoning Map of Hilltown Township as incorporated herein.
ZONING OFFICER
The administrative officer designated with the powers and duties of administering and enforcing this chapter and with issuing Zoning Permits and certificates thereunder.
ZONING ORDINANCE
The Hilltown Township Zoning Ordinance of 1995, as amended.
ZONING PERMIT
See “permit, zoning.”
[1]
Editor’s Note: See Ch. 65, Construction Codes.
[2]
Editor’s Note: The Table of Use Regulations is included as an attachment to this chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: Former definitions of "flood fringe" and "flood hazard area," which immediately followed this definition, were repealed 1-26-2015 by Ord. No. 2015-003.
[5]
Editor's Note: Former definitions of "floodplain soils" and "floodway," which immediately followed this definition, were repealed 1-26-2015 by Ord. No. 2015-003.
[6]
Editor's Note: Former definition of "soils, alluvial/floodplain," which immediately followed this definition, was repealed 1-26-2015 by Ord. No. 2015-003.