In this chapter, words, terms and phrases shall have the following meanings:
ABANDONMENTThe cessation of a use of a property (land and/or structures) by the owner, with the intention of neither resuming the use or transferring rights to the property to another who will so use the property.
ABUTTING OWNERThe owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of road or street (public or private) on which the subject parcel has frontage, i.e., a lot across from the subject parcel.
ACCESSORY BUILDING or ACCESSORY STRUCTUREAny building or other structure subordinate to and separate from the principal permitted building or other structure on the lot and designed and used for purposes which are accessory to the principal permitted use of the lot, including but not limited to buildings, sheds, garages, stables, swimming pools and tennis courts. "Accessory buildings or accessory structures" shall be divided into three classes or classifications, as follows:
(1) Class A accessory building or accessory structure: an "accessory building or accessory structure" which has a floor area of 240 square feet or less and a height of 14 feet or less, and which does not exceed one story.
(2) Class B accessory building or accessory structure: an "accessory building or accessory structure" which has a floor area of more than 240 square feet and/or a height of more than 14 feet and/or which exceeds one story.
(3) Class C accessory building or accessory structure: an "accessory building or accessory structure" which is not a Class A or Class B accessory building or accessory structure, including but not limited to hot tubs, spas, swimming pools, fences, ground-mounted solar arrays, walls, and communication structures such as ham radio antennas.
ACCESSORY USEA use which is clearly incidental to and customarily conducted in connection with the particular use of the parcel and on the same lot as a principal use.
ACCESSWAYA strip of land which provides access, such as a street, an easement or a driveway. In the context of an interior lot, that narrow portion of the lot, the width of which is regulated by §
275-122, on which the driveway is situated to provide a means of ingress and egress for the dwelling located on the balance of the lot to the street or road. An accessway may, but need not, contain a shared drive to provide ingress and egress for adjacent interior lots.
ADEQUATELY SHIELDEDThe attribute of a light source from which no direct glare is visible at normal viewing angles, by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors as needed.
ADVERSE EFFECTSResults contributing to a harmful or degraded condition and/or producing an unfavorable result, such as environmental harm or degradation. Adverse effects may include: a negative impact on surrounding land uses; negative impacts which are contrary to the Comprehensive Plan and the intent of this chapter; and negative impacts which may create a threat to the public health, safety and general welfare.
AGRICULTURAL USE; AGRICULTUREA principal use involving the cultivating of the soil, the raising and keeping of livestock and poultry and the harvesting of the products of the soil, including horticulture and forestry, but excluding commercial greenhouses, garden centers, garden marts or nurseries.
ALLEYAn improved right-of-way or easement providing secondary vehicular access to the side or rear of two or more lots. It may be public or private and is not intended for through traffic use. Its primary function is to provide access to the side or rear of the abutting lots.
ALTERNATIVESChoices between or among two or more plans, layouts, approaches, solutions and/or results.
APPLICANTA landowner or developer, including heirs, successors, assigns and grantees, who has filed an application for subdivision and/or land development, as hereinafter defined, or an application for a special exception, variance or conditional use.
AUTOMOTIVE SALES AND SERVICEThe use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles, and including any warranty automotive repair work and other repair service conducted as an accessory use.
AUTOMOTIVE USESThe use of a building or land for the purpose of fueling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts, including the use of an automotive workshop, a shop selling automotive spare parts, tires or car batteries, a tire retreading workshop and any other establishment performing similar functions including a car repair station, but does not include the use of a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.
BANK/FINANCIAL INSTITUTIONA company engaged in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange.
BASEMENTFor Pennsylvania Uniform Construction Code (PA UCC) purposes, "basement" shall be held to mean that portion of a building partly or completely below grade; for Zoning Code purposes, "basement" shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average ground level around the building.
BED-AND-BREAKFASTA group of lodging units not to exceed five units within the residence of the proprietor living on site wherein services limited to lodging and meal(s) are provided by the proprietor to transient tenants.
BENEFICIAL EFFECTSResults contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.
BERMA mound of earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting plant materials and to aid in screening and buffering.
BILLBOARDA structure erected, operated and maintained as the principal commercial use on a lot for the purpose of advertising a product, activity or business not conducted on the lot, which may be static or digital.
BIOLOGICAL RESOURCESCharacteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats.
BREWPUB/MICROBREWERYA 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.
BUFFER AREAA pervious area with natural ground cover which does not contain any structures, except for those permitted by §
275-132 of this chapter, and which is landscaped and maintained as required by Article
XX of this chapter. The width of the buffer area shall be as provided in the applicable zoning district regulations. The buffer area shall be measured from the street line for that portion of a lot abutting a street and from the lot line for those portions of a lot which do not abut a street.
BUFFER PLANTING STRIPA strip of land within the required buffer area which is landscaped with trees and shrubs and maintained as required by this chapter and in a manner as required in Article
XXI, General Provisions, and the applicable district regulations.
BUGAn IES rating system of the backlight, uplight and glare light distribution of a luminaire.
BUILDINGAny structure used or intended for supporting or sheltering any use or occupancy.
BUILDING AREAThe net lot area after subtracting the area of the accessway.
BUILDING LINEThe line parallel to the street line at a distance therefrom equal to the depth of the required front yard.
BUILDING SETBACK LINE, FRONT YARDThe line normally parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the required front yard. All yards adjacent to a public or private street right-of-way normally shall be considered front yards. However, in the case of an interior lot, such setback line shall coincide with the front lot line, and in the case of a flag lot, such setback line shall coincide with the flag lot front line.
BULKThe 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.
BUSINESS, TRADE OR PRIVATE SCHOOLA type of educational institution, which may refer to either secondary or post-secondary education designed to provide vocational education or technical skills required to complete the tasks of a particular and specific job.
CALIPERThe diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the center of the base of the tree for all existing trees; and at a point six inches from the ground surface at the center of the base of the tree for all trees to be planted.
CAMPUS MIXED-USE DEVELOPMENTA combination of single-family attached dwellings and related community-related business uses built and maintained according to regulations of §
275-37.
CAMPUS MIXED-USE DEVELOPMENT TRACTOne or more contiguous lots assembled for the purpose of development in accordance with the regulations of a campus mixed-use development.
CAMPUS-TYPE SETTINGA unified development whereby buildings are grouped together around open space areas in the form of greens, parks, quadrangles, plazas, squares and other public/pedestrian gathering areas, and complies with the design and development standards of §
275-37.
CANOPY STRUCTUREA structure or portion thereof with a roof, but no outer walls, providing cover for that portion of a lot upon which there are motor vehicle fueling positions for the dispensing of motor vehicle fuel.
CAR WASHA building or portion thereof which contains self-service or automated facilities for washing and cleaning motor vehicles, including enclosed automatic car washes using production line methods with a conveyor, blower, and other mechanical devices, such as self-service vacuums outside of the building.
CARTWAYThe minimum paved area of a public or private street within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks or drainage swales.
CEMETERYA place for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium, or other like-type receptacle.
CENTER LINE, STREETA line in the center of a street which is equidistant from and parallel to the street lines.
CHARITABLE USEA use conducted by a nonprofit organization, as a service to the general public or to a significant portion of the public, for no fee or at a fee which is less than would be charged by a profit-making organization.
CHURCHA building or group of buildings including customary accessory buildings, designed or intended for organized religious services. The word "church" includes chapels, cathedrals and temples.
CLEAR CUTTINGThe felling of all trees on a tract of land or any portion thereof at one time.
CLUBA facility owned, operated, and maintained by social, professional or philanthropic non-profit organization characterized by the payment of dues, regular meetings and a constitution and bylaws. A building is used for club purposes when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern, cafe or other public commercial place, although it may be used for recreational and/or dining facilities for the membership and their guests.
COMMERCIAL SECTIONThe area within a campus mixed-use development designated for community-related business uses.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a land development or subdivision, designed and intended for the use or enjoyment of residents or occupants thereof, not including streets, off-street parking areas and areas set aside for public facilities. (See Article
XXVI and "designated open space.")
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas or wireless communications facilities and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMMUNITY CENTERA facility operated principally by a nonprofit entity and used as a community center and for community-based activities, that includes, but is not limited to, facilities for community meetings, gatherings and conferences, child-care facilities, gymnasiums, exercise facilities, swimming pool, locker rooms, tracks, playing fields for various sports, recreational facilities and such other accessory facilities and uses as are normal and customary for a community center.
COMMUNITY FACILITIESThe services which provide for various community health, education, safety, leisure and like needs and the locations at which these services are provided. Typical community facilities include: schools, parks and recreation areas, libraries, hospitals and other health care facilities, fire protection, police, ambulance and rescue service and postal services.
COMPREHENSIVE PLANThe Middletown Township Plan, as may be amended from time to time, including maps, tables and text which constitute a policy guide for decisions regarding land use, circulation, community facilities and utilities within the Township.
CONDITIONAL USEA use which may be approved or denied by the Township Council after recommendation by the Planning Commission, when in compliance with all applicable standards and criteria set forth in this chapter.
CONFERENCE CENTERA facility with or without overnight lodging, at which meetings, seminars, expositions, trade shows and/or conferences are conducted. Conference facilities may also include ancillary entertainment facilities, a fitness and health center and retail stores and services primarily for conference center guests.
CONSTRUCTION OPERATION OR ACTIVITYThe erection, repair, renovation, demolition, removal, rehabilitation or other work performed for, to, on or with regard to any building or structure; including the excavation, filling and grading of lots in connection therewith or in preparation thereof.
CONTINUING CARE RETIREMENT COMMUNITYA development that provides a continuum of accommodations and care for senior persons, including a combination of independent living units, personal care units, a skilled nursing facility and accessory uses.
CONTINUOUS VISUAL BUFFERA visually impenetrable screen created with plant materials, fencing, walls and/or earthen berms.
CONVENIENCE STOREA retail store of not less than 3,000 square feet or more than 8,000 square feet of gross floor area for the sale of food and beverages for off-premises consumption, personal care items and other similar items and which may include an ATM banking machine.
CONVENIENCE STORE WITH FUEL PUMPSA retail store of not less than 3,000 square feet or more than 8,000 square feet of building area exclusive of canopy and fuel pump areas, for the sale of food and beverages, personal care items, self-service gasoline and other similar items, which may include ATM banking machines. A convenience store with fuel pumps shall not include the provision of automobile service or repair and shall not allow tractor-trailer fueling.
CUL-DE-SACA street having vehicular access to and from the public street system at one end and terminating in a circular vehicular turnaround at the other end. Such street provides access to abutting properties but is not or may not be intended to provide traffic circulation through a tract.
CULTURAL USEA use which promotes art, music, science and history in the form of a museum, botanical garden or like facility.
DAIRYA place or premises where one or more cows or other lactating hooved mammals are kept, and a part or all the milk from which is sold or delivered.
DAY-CARE CENTERAny premises in which child day care is provided for children who are not relatives of the operator, including nursery schools.
DENSITYUnless otherwise provided, the term "density" means gross density, which is determined by dividing the total number of dwelling units by the total amount of land in the tract minus all land within the rights-of-way or easements of streets or utilities.
DESIGNATED OPEN SPACEAreas, identified on an applicant's plan, which will be limited to open space use in perpetuity.
DEVELOPERAny landowner, equitable owner or authorized agent of such landowner or tenant with permission of the landowner who formally proposes or makes, or causes to be made, a subdivision, land development or any other development.
DEVELOPMENTAny man-made change to improved or unimproved land, 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.
DEVELOPMENT PLANThe documents and maps and other graphics outlining a proposal 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.
DOG DAY-CARE FACILITYThe indoor use of a building where six or more dogs are kept for the purpose of providing shelter, housing, boarding, grooming and feeding during the day.
DRIVEWAYA private accessway for vehicles which connects a street to an alley or another street, or to a parking space, garage, dwelling or other building.
DWELLINGA building designed or modified for and occupied exclusively for residential purposes, excluding a hotel, rooming house, club or lodge, but including a mobile home.
DWELLING UNITA dwelling or portion thereof, forming a single habitable unit with a private access and facilities which are used or intended to be used for living, sleeping, cooking and eating exclusively by one family.
DWELLING, MULTIFAMILYA building designed for and occupied exclusively as a residence for two or more households living independently of each another.
(1) APARTMENTSA multifamily dwelling, where individual dwelling units share a common outside access and share a common yard area. Apartments or garden apartments contain three or more dwelling units in a single structure, and each individual apartment, i.e., having a minimum total floor area of 600 square feet.
(2) 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.
DWELLING, SINGLE-FAMILY ATTACHEDA dwelling with party walls separating two or more single-family dwelling units including duplex, quadruplex, multiplex and townhouse buildings.
(1) DUPLEX OR TWIN HOUSEA single-family semidetached dwelling having two individual dwelling units separated by one common party wall from ground to roof with no communicating openings.
(2) MULTIPLEXAn attached dwelling in a building with more than two dwelling units where each dwelling unit has independent outside access. Such dwelling units may be arranged in a variety of configurations such as side-by-side, back-to-back or vertically and may involve a quadruplex configuration, where four dwelling units are attached in a structure or group.
(3) TOWNHOUSEA single-family attached dwelling within a building with more than two other single-family attached dwelling separated by any portion of the one or two unpierced party walls from ground to roof.
DWELLING, SINGLE-FAMILY DETACHEDA 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 garage is structurally attached to such building, it shall be considered a part of the dwelling.
(1) MOBILE HOMEA 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
XX, so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facility 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, which is attached to it. For the purpose of floodplain management, the words "mobile home" shall be replaced with the words "manufactured home" within any delineated floodplain area.
EASEMENTThe right to use or prevent use of land for a particular purpose.
EDUCATIONAL USELand or buildings used for the establishment and maintenance of a public or private college, secondary or elementary school or other educational institution for academic, moral or spiritual pursuits or the development of physical or manipulative skills, which is organized and existing under the laws of and, if required, licensed by the Commonwealth of Pennsylvania, excluding spas or similar commercial activities.
ELECTRIC VEHICLE (EV)Overall term for vehicles that derive all or part of their power from electricity supplied by the electric grid. They include AEVs, HEVs and PHEVs.
ELECTRIC VEHICLE CHARGING LEVELS(1) LEVEL 1A method that provides charging for an EV battery using a 120V single-phase electric service with a 15A or 20A circuit breaker. This method is considered slow-speed charging and does not require any special EV charging equipment.
(2) LEVEL 2A method that provides charging for an EV battery using a 240V/208V single-phase or three-phase electric service with a 40A to 100A circuit breaker. This method is considered medium-speed charging and requires the installation of specialized EV charging equipment at the EVCS.
(3) LEVEL 3A method also known as "direct current fast charging (DCFC)" that provides charging for an EV battery using a 480V three-phase electric service. This method is considered high-speed and requires the installation of highly specialized, high-powered EV charging equipment as the EVCS and in the EV.
ELECTRIC VEHICLE CHARGING STATION (EVCS)A public or private parking space that is served by battery-charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an EV.
ELECTRICAL CHANGEABLE COPY DISPLAYThe portion of a sign whose message copy or content can be changed by means of remote through an electrically energized, on-off switching combination of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices from an internal light source.
EMERGENCYAny occurrence or set of circumstances involving actual or imminent physical or mental trauma to persons or significant property damage, typically unforeseen and sudden in nature.
EMERGENCY WORKAny work performed for the purpose of preventing or mitigating the physical/mental trauma or property damage threatened or caused by an emergency.
ENLARGEMENTAn addition to the floor area or increase in size of an existing structure, an increase in the area of a parcel which is occupied by an existing use, or an increase in the intensity of a use as a result of increased parking, traffic generation or alternate sewage disposal system or other impacts on surrounding land uses, existing or zoned.
ENVIRONMENTThe conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed subdivision and/or land development, including natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature.
ENVIRONMENTAL CONTROLSThe performance standards set forth in Article
XXI pertaining to environmental quality and environmental degradation.
ENVIRONMENTAL IMPACT ASSESSMENT REPORTAn 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 this chapter.
FAMILYOne or more individual living together in a dwelling unit as a single, nonprofit housekeeping unit, i.e., a household; excluding occupants of a club, fraternity house, or rooming house, or group quarters not owned or leased by the individuals.
FELLINGThe act of cutting a standing tree so that it falls to the ground.
FILLMaterial, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.
FITNESS CENTERA place that houses exercise equipment and facilities for the purpose of physical exercise.
FLAG LOT FRONT LINEA lot line which is parallel to the public street from which a flag lot gains access, and extends the full width of such flag lot.
FLOODStormwater that temporarily inundates land areas not normally covered by water.
FLOOR AREASee "gross floor area" and "net floor area."
FOOD SERVICEThe preparation, delivery, and serving, of ready-to-eat foods.
FOOTCANDLEUnit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, aka light meter.
FORESTRY/TIMBER HARVESTINGThe management of forests and timberlands for the purpose of encouraging maintenance and management of forested or wooded open space, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONT PROPERTY LINEThat line which, in the case of a normal lot, is the front street line; in the case of a corner lot, is the street line of both abutting streets; and, in the case of an interior lot, the property line toward which the building faces or is to face. (See the definitions for "normal lot," "lot, interior," and "lot, corner.")
FRONT YARDThe required open space extending along the street line of any street on which the lot abuts; or, in the case of an interior lot, along the front property line. In the case of a corner lot, there shall be two front yards and two side yards.
FULL CUTOFFAttribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the highest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire.
FULLY SHIELDEDAttribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire.
FUNERAL HOME/MORTUARYA building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATEAn accessory use or part of a permitted principal building used for the storage of motor vehicles owned and used by the owner, residents, employees or visitors to such permitted principal building.
GASOLINE SERVICE STATIONA building and land area used for the retail dispensing and sales of vehicular fuels, servicing and repair of automobiles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle items.
GLAREExcessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, so as to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
GOVERNMENTAL USESBuildings, facilities or activities used or conducted for a governmental, as opposed to a proprietary, purpose.
GREENHOUSE/NURSERY/GARDEN CENTERA retail facility where plants are propagated, grown, and sold, as well as the sale of other related products and supplies for gardens.
GROSS FLOOR AREAThe 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 common wall separating two buildings, including interior parking spaces, interior loading space for motor vehicles and any space where the floor-to-ceiling height is more than six feet.
HEALTH CARE FACILITYAn establishment other than a hospital, nursing home or convalescent home, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury or physical conditions, which establishment is licensed by the Commonwealth of Pennsylvania to provide the services it offers.
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
HEIGHT OF BUILDINGThe height of a structure shall be the distance between the mean level of the ground surrounding the structure and a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers or antennas; roof structures for housing stairways; air-conditioning, ventilating or elevator equipment; tanks; and similar projections shall not be included in calculating the height.
HISTORIC RESOURCESSites, areas, structures, trails and/or routes which are valued due to their significance as locations of events and/or examples of architecture, customs, skills or arts of the past.
HISTORIC STRUCTUREAny structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places, which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by an approved state program as determined by the Secretary of the Interior.
HOME OCCUPATIONAn accessory use of a dwelling or a dwelling unit for any lawful activity normally conducted for pecuniary gain by a resident within a residential dwelling unit, located and conducted so as not to interfere with the quiet enjoyment of neighboring residential properties and which complies with the standards for home occupations set forth in this chapter.
HOME PROFESSIONAL OFFICEAn office for the personal use of a physician, dentist, lawyer, engineer, architect or other learned professional practitioner, provided that such office is located within the residence of such professional.
HORTICULTUREThe art and practice of propagating and cultivating plants for their produce or for ornament.
HOSPITALAn institution providing primary health services and medical and/or surgical care to persons, some of whom are inpatients, suffering from illness, disease, injury, deformity and other physical or mental problems. When conducted as an integral part of the hospital, related accessory facilities, such as laboratories, outpatient or training facilities or offices for doctors and other medical personnel affiliated with the hospital may be an accessory use to the hospital.
HOTEL, MOTEL, or INNA facility offering for compensation temporary overnight lodging accommodations to the general public, in which such lodging accommodations are accessed from common entrances to an interior lobby, corridor or hallway, and which may include additional accessory use facilities and services, such as restaurants, meeting rooms, personal services, and recreational facilities. Such establishments shall provide guests with customary hotel services such as maid service and the furnishing and laundering of linen. A hotel may include an accessory conference center.
HOUSEHOLD PETSDomestic 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, small birds, gerbils and other similar pets normally sold by retail pet stores.
HUMAN SERVICES ORGANIZATIONAn entity providing educational, behavioral health, psychological treatment, drug and alcohol rehabilitation, and intellectual and developmental disabilities services in a campus setting, consisting of both day programs and residential living.
ILLUMINANCEQuantity of incident light, measured in footcandles.
ILLUMINATED or ILLUMINATIONTo be lightened up or to give light to, by means of either an internal or external light source other than by natural light.
IMPACTThe power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.
IMPERVIOUS SURFACE COVERAGEThe coverage of the lot area by materials that normally shed most rainfall, e.g., buildings, paved areas, including streets, parking lots and similar surfaces, and other improvements that generate significant stormwater runoff.
IMPROVEMENTSPhysical additions and changes to land, such as grading, paving, streets, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, street trees and other plantings and other structures that may be necessary to produce usable and desirable land development.
IN-LAW SUITEA self-contained attached residential dwelling unit resulting from the conversion of or addition to an existing single-family detached dwelling into two dwelling units and inhabited by at least one but no more than two persons related by blood, marriage or adoption to the owners who live in the primary dwelling unit. The accessory unit shall contain a kitchen and bath facilities, have direct access to the outdoors or to a hall from which there is direct access to the outdoors and be physically subordinate to the primary unit that exists in the dwelling.
INDEPENDENT LIVING UNITAn apartment dwelling unit in a multifamily dwelling apartment building used exclusively for occupancy by one or more senior persons in a continuing care retirement community.
INDOOR OR OUTDOOR PLACE OF AMUSEMENTA use that provides commercial amusement indoors or outdoors, and offers facilities for the playing of any game for the amusement of the public such as billiard or pool rooms, bowling alleys, playgrounds, miniature golf courses, roller skating rinks, and the like.
INFRASTRUCTUREThe basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities and transportation, communication, sewer and water systems.
JUNKYARD or SALVAGE YARDAn area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of not more than one unlicensed, wrecked, or disabled vehicles, or the major part thereof, which are visible from the property lines or in plain sight shall constitute a junkyard, except as otherwise provided in this chapter.
KENNELAn establishment where six or more dogs, cats or like domesticated animals, more than one-year old, are kept, boarded, groomed, trained, raised or bred for compensation.
LAND DEVELOPMENTAny of the following activities described in Subsections
(1) and
(2) below, but excluding any activities described in Subsection
(3) below:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(3) The addition of a single accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building if, and only if, all of the following criteria are met:
(a) The use of the proposed accessory building will be other than residential;
(b) The lot area of the lot on which the accessory building is to be placed is 10 acres or larger;
(c) The proposed accessory building does not exceed 1,000 square feet in gross floor area and the total cumulative gross floor area of the proposed accessory building and all other accessory buildings previously exempted from the definition of land development pursuant to this section does not exceed 2,500 square feet; and
(d) The height of the proposed accessory building does not exceed 35 feet.
LANDINGA place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LANDOWNERThe legal or beneficial owner or owners of land; the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if he is authorized under the lease to exercise the rights of the owner.
LANDSCAPED AREAThat portion of a tract or lot in which plantings have been installed in accordance with the special provisions for landscaping in Article
XXI. The "landscaped area" includes the buffer planting strip and those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like.
LANDSCAPING PLANA plan for the installation and maintenance of plantings, prepared according to the provisions of Article
XXI.
LAUNDROMATA self-service facility where clothes are washed and dried.
LIFE CARE COMMUNITYA land development which includes residential units within a planned retirement community and accessory uses for the continuing care of the residents.
LIGHT INDUSTRIAL/MANUFACTURINGThe manufacture, service, repair or testing of products taking place in a totally enclosed building and predominantly using previously prepared materials in the manufacturing process and where noise, odor, glare or emissions from the industrial activity are not detectable off of the property and there is limited storage of materials.
LIGHT TRESPASSLight emitted by a luminaire or lighting installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.
LIVESTOCKAnimals of any kind raised for sale, resale or agricultural field production. For the purposes of this chapter, the keeping of common household pets such as dogs, cats and the like shall not be considered as keeping of livestock.
LOADING SPACE, OFF-STREETA space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers.
LONG-TERM EFFECTSResults which are manifest for or extended over a long period of time.
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAFor purposes of determining compliance with the minimum lot area requirements of this chapter, the area of a lot shall be measured to the street line only; and areas subject to driveway, drainage and permanent utility easements and areas separated from the proposed principal use by a street right-of-way shall not be counted unless this chapter expressly provides otherwise.
LOT COVERAGEThe percentage of the lot area that is occupied by the building area.
LOT DEPTHThe distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINEA property boundary line shown on a recorded plan or described in a recorded deed.
LOT LINE, FRONTThe lot line abutting a street and coinciding with the street line. In the case of a corner lot, the street abutting the lot line identified on the approved subdivision and/or land development plan as the front line; or, in the case of an existing lot, the lot line designated on an approved Subdivision and/or Land Development Plan; or, in the case of an interior lot, the "front lot line" shall be that property line generally parallel to the street line providing access to the lot; or, in the case of any other lot, the "front lot line" shall be construed to be the lot line on the side of the main entrance.
LOT LINE, REARThe lot line which is opposite to the street line or, in the case of an interior lot, the front yard.
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
LOT WIDTHThe horizontal distance measured between the side lot lines at the required or proposed front yard building setback line.
LOT, CORNERA lot abutting upon two or more streets or upon two parts of the same street, including shared driveways, forming an interior angle of less than 135°. A corner lot has two front yards and two side yards.
LOT, EXISTING INTERIORA lot existing as of the date of this amendment with an existing separate tax folio number, which meets all of the R-1 or R-1A Residential District zoning regulations except the minimum lot width at the street line.
LOT, FLAGA lot which has a minimum access strip with an elongated, more narrow, and straight extension connecting the bulk of the lot area with a street and meets the required minimum width at the street line per the applicable zoning district. The determination of the flag lot's front building setback shall be as defined by flag front line. Minimum lot area and other dimensional requirements shall be met on that portion of the lot exclusive of the minimum access strip. (Also see "building setback line, front yard.")
LOT, INTERIORA lot created through the subdivision process, which does not front on a street and has access to a street only by way of an easement or right-of-way.
LUMENAs used in the context of this chapter, the light-output rating of a lamp (light bulb).
LUMINAIREA complete lighting fixture assembly consisting of lamp(s) or LED light cluster, lamp holders, electrical components, light-directing devices, shielding devices and lenses or diffusers.
MANUAL CHANGEABLE COPY DISPLAYThe portion of a sign whose message copy or content is changed manually through placement of letters or symbols on a panel mounted in or on a track system.
MANUFACTURED/MOBILE HOMEA 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
XX, so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facility 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, which is attached to it.
MEDICAL CLINICA medical establishment offering outpatient medical or dental services operated by a physician or dentist who is licensed to practice in the Commonwealth of Pennsylvania.
MEDICAL LABORATORIESA laboratory where tests are conducted on clinical specimens to obtain information about the health of a patient to aid in diagnosis, treatment, and prevention of disease.
MEDICAL MARIJUANAMarijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania pursuant to Act 16.
MEDICAL MARIJUANA ACTThe Act of April 17, 2016, P.L. 84, No. 16, as amended from time to time (53 P.S. § 10231.101 et seq.).
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana. The term includes the facility from which medical marijuana is dispensed.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.
MEDICAL MARIJUANA REGISTRYThe registry established by the Pennsylvania Department of Health for all medical marijuana organizations and practitioners.
MEDICAL OFFICEA facility involving the treatment and examination of patients and the furnishing of medical, surgical or other services to individuals, excluding in-patient services.
MEMORY CARE FACILITYA type of long-term specialized residential care for people living with Alzheimer's disease and other forms of dementia.
MENU BOARD or MENU SIGNA freestanding sign which depicts the menu of food for sale at the drive-through section of a fast-food restaurant. Such sign shall not exceed 25 square feet.
MINI-WAREHOUSE/SELF STORAGE FACILITYA building or group of buildings containing separate, individual, private storage spaces of varying sizes available for sale, lease or rent for varying periods of time.
MITIGATIONThe act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.
MOBILE HOME LOTA 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 PARKA 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.
MOTELSee "hotel, motel or inn."
MOTOR VEHICLE SERVICE STATIONA building or place of business where gasoline and automobile accessories are dispensed directly to the motor vehicle trade and/or where automotive repair services may be rendered.
MULTITENANT OFFICE BUILDINGA building containing general and/or professional office uses but which may also contain meeting facilities, seminar facilities and/or accessory dining, fitness and retail facilities, health and fitness centers, cultural, religious or charitable uses, conference centers (without either overnight lodging or ancillary entertainment uses), governmental uses, medical laboratories, research and testing facilities and parking structures.
MUNICIPAL SERVICEAny use conducted by the Township, or any local agency of the Township, including administrative offices, equipment or material storage, public parks, community centers, public sewage and/or water collection, treatment, storage, transmission and/or distribution facilities, stormwater management facilities, public parking facilities, public libraries, or any similar civic use owned or operated by the Township, or a local agency of the Township. The definition of "municipal service" expressly excludes any use conducted by a school district.
MUNICIPAL USEA use conducted on a lot and/or in a building or structure by Middletown Township, the Middletown Township Sewer Authority or a fire company or library supported by Township tax revenues.
NATURAL ENVIRONMENTA composition of land, water and/or air represented by its inherent physical and biological resources.
NATURE TRAILAn unpaved path through wooded areas and meadows that is marked and maintained for walking or hiking, and which is connected at both ends to other such paths, or sidewalks, or common open space.
NEIGHBORHOOD SHOPPING CENTERA group of more than one retail store and/or personal service establishment and/or offices, intended to serve the local shopping needs of residential areas near to where they are located.
NET FLOOR AREAThe total of all horizontal floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
NITA unit of measure of the luminance or brightness of the light emitted or reflected from a surface, e.g., sign face. Also referred to as candelas per square meter (cd/m2).
NO-IMPACT HOME-BASED BUSINESSA 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, and is conducted in accordance with the Pennsylvania Municipalities Planning Code.
NOISEAny 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.
NONCONFORMING BUILDING OR STRUCTUREA building or structure which does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the enactment of this chapter or amendment.
NONCONFORMING LOTA lot of record lawfully existing at the passage of this chapter or amendment hereto, which does not have the minimum width or other requirements set forth in this chapter, as amended.
NONCONFORMING SIGNA sign which does not conform to the sign regulations in this chapter, as amended, but which was in existence lawfully before the regulation creating the nonconformity was enacted.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter, as amended, where such use was in existence lawfully prior to the enactment of the regulation(s) creating the nonconformity.
NORMAL LOTA lot which abuts on only one street and when developed will have a front yard along the street.
OPEN SPACENatural, cultivated or landscaped areas restricted in perpetuity to natural resource conservation, recreation, buffer or other uses as authorized in the open space provisions, Article
XXVI. To determine the areas which may be counted as required open space, see Article
XXVI.
OPEN SPACE OPTIONThe choice which may be exercised in the R-1 and R-2 Residence Districts, on tracts greater than 15 acres, to arrange lots with particular consideration of a sensitivity toward environmental resources in exchange for allocating open space for various conservation and recreational purposes. Under this approach, the minimum net lot size requirement could be less than otherwise would be required and the relative density could be greater than otherwise permitted.
OUTDOOR DININGThe use of an outdoor area adjacent to an eating establishment for the service and composition of food and/or beverages by customers seated at tables.
OUTDOOR STORAGEThe storage of merchandise, goods, inventory, materials or equipment or other items, which are not intended for immediate sale, by locating them on a lot exterior to a building.
PAD LOTA fee simple parcel created for financing and/or conveyancing purposes within a tract qualifying for a mall conversion.
PARCELAn area of land described and record by metes and bound to identify its dimensions and boundaries.
PARENT TRACTThe area of land from which parcels are subdivided.
PARKA tract of land designated and used by the public primarily for recreation of an active or passive nature.
PARKING SPACEA reasonably level space, available for the temporary parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. A parking space shall include either covered garage spaces or uncovered parking lot space located off the street right-of-way and in back of the front yard building setback line. The size of parking spaces shall be as required in Article
XXIV and in the PRD and SU Districts.
PARKING STRUCTUREA wholly or partly enclosed structure for temporary parking and protection, at or above grade, for one or more motor vehicles.
PERSONAny individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors, or any of them, of partnerships, associations, corporations or other form of entity.
PERSONAL SERVICE ESTABLISHMENTBusinesses in the commercial and special use districts which offer personal services, such as barber, beautician, shoe repair, dry cleaner, tailor, seamstress, dressmaker, photographer, caterer, travel agent and massage therapist licensed by the Commonwealth pursuant to the Massage Therapy Law.
PERSONAL-CARE FACILITY/ASSISTED-LIVING FACILITYA premises operated by a legal entity holding a certificate of compliance document issued by the Pennsylvania Department of Health (license) permitting the operation of a personal-care home (PCH), at the location of said premises, according to appropriate Pennsylvania Department of Health program licensure or approval regulations, in which food, shelter and personal assistance or supervision are provided for a period of at least 14 days for four or more aged adults 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 an emergency or medication prescribed for self-administration.
PERSONAL-CARE UNITA dwelling unit in a building of multiple dwelling units for occupancy by one or more senior persons in a personal care facility in a continuing care retirement community.
PHARMACYA store or part of a store in which medicines are prepared and sold, and may include drive-through service.
PHASEAn area or tract which is part of a proposed development which will be constructed according to a timetable for development over a period of years included by the applicant in the development plan.
PHYSICAL RESOURCESCharacteristics of the natural environment manifest in its landforms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater and the like. The disposition of these characteristics is typically expressed in physiographic, topographic and/or hydrologic units such as: rock formations, slopes, elevations, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.
PLANNED REGIONAL SHOPPING CENTERAn integrated planned major shopping complex, typically with two or more anchor tenants and other retailers and services, and serving a broader geographical region.
PLANNED RESIDENTIAL DEVELOPMENTA contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units the development plan complying with the provisions of Article
IX.
PLANNED RETIREMENT COMMUNITYAn age-qualified development which may include attached and detached dwelling units, and multifamily dwellings, that is developed in accordance with an overall plan for buildings, vehicular and pedestrian accessways, parking, and open space and recreational areas.
PLANNING CODEThe Pennsylvania Municipalities Planning Code, Act 247, of 1968, 53 P.S. §§ 10101 to 11202.
PLANTINGSTrees, shrubs and ground cover which are installed and maintained in accordance with a landscaping plan approved by the Township Council.
POST OFFICEA public facility and retailer that provides mail services, such as accepting letters and parcels, providing post office boxes, and selling postage stamps, packing, and related items.
PRECOMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
PRIMARY EFFECTSResults of a direct nature which have a principal influence on a particular condition.
PRINCIPAL OCCUPANTA tenant space within the C-3 Regional Commercial Zoning District with a gross floor area of 20,000 square feet or greater gross floor area within a multi-occupancy building.
PRIVATE ALLEY LINEThe dividing line between a lot and a privately owned alley easement line.
PRIVATE SWIMMING POOLAny body of water, tank, pond or other receptacle for water containment, whether indoors or outdoors, in or above ground, even if portable or temporary, having a depth at any point of 24 inches or more or containing over 750 gallons of water, which is used or intended to be used for swimming or bathing by the owner, resident or occupant and their guests. A private swimming pool is considered an accessory use to a residence under this chapter.
PROFESSIONAL OFFICEAn establishment in which administrative, clerical, service, professional, government or other business is conducted. This excludes medical office, and any manufacturing activities.
PROFESSIONAL PRACTITIONERA trained and certified or licensed individual, such as a medical practitioner, lawyer, accountant, architect, or other design professional.
PUBLIC GARAGEA building, not a private garage, used for the storage or repair of motor vehicles.
PUBLIC IMPROVEMENT ENHANCEMENTSFunctional and aesthetic improvements pertaining to vehicular and pedestrian circulation; pedestrian gathering areas; and the positioning of open spaces and pedestrian amenities in a campus-type setting as part of a campus mixed-use development as specified in §
275-37F.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. When such notice is for a public hearing, it shall state the time and place of the hearing and the particular nature of the matter to be considered. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC TRANSITA system of transport for passengers by group travel systems available for use by the general public in the form of buses and trains.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead transmission lines.
RECORDEDProperly recorded at the office of the Delaware County Recorder of Deeds.
RECREATION, ACTIVELeisure-time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed sites or fields. Active recreational uses include but are not limited to: badminton, baseball (hard and soft), basketball, croquet, fishing, football, golf, handball, hockey (field or ice), horseback riding, ice skating, lacrosse, picnicking, pitch and putt, quoits and horseshoes, seesaw, skiing, sledding, sliding boards, soccer, swimming and diving, swimming meets (regulation controlled), swings, tennis (all types), tetherball, volleyball, pickleball and wading.
RECREATIONAL AREA/USEA place designated and equipped for the conduct of leisure-time activities, such as games, sports and other customary and usual active recreational activities.
REFORESTATIONThe restocking of an area with forest trees, including natural regeneration as well as tree planting.
REGIONAL RAIL FACILITYA passenger railroad transit operation including, but not limited to, a railroad station, passenger platform, parking facilities within a parking garage or parking deck or surface parking lot, passenger pickup and dropoff areas, railroad tracks, bridges, tunnels, accessory retail (including the sale of transportation tickets/passes, parking permits, newspapers, periodicals and any miscellaneous items related to public transportation operations) administrative and operational control buildings, crew facilities and maintenance buildings owned by a regional transportation authority and erected within the authority's right-of-way.
REGISTERED DESIGN PROFESSIONALAn individual who is registered or licensed to practice their respective design profession (such as an architect, engineer, landscape architect, surveyor or certified planner) in accordance with the statutory requirements of the professional registration laws of the Commonwealth of Pennsylvania.
REHABILITATION CENTERA facility devoted to restoring individuals with mental or physical disorders or impairments, including those with multiple problems, to an adequate level of functioning. Rehabilitation centers provide services such as vocational training, occupational and physical therapy, educational therapy, recreational therapy, and psychological therapy and counseling, but do not include drug and alcohol rehabilitation.
RELIGIOUS USEA use involving a structure or place at which religious worship and ceremonies are held regularly by a group which practices the religion.
RESEARCH OR TESTING FACILITYA facility for product investigation, development, engineering, or testing laboratories, including food products, prototype store development.
RESERVE PARKINGA parking space or spaces which the Township Council, in its sole discretion, permits a landowner or developer or any other person to defer the construction, installation, paving or completion of until such time as the Township Council requires the construction, installation, paving or completion thereof or until such time as the parking space or spaces are otherwise satisfactorily constructed, installed, paved and completed.
RESIDENTIAL GROUP HOMEA dwelling unit operated by a responsible individual, family, entity or organization with a program to provide a supportive living arrangement for persons and attendant staff, living together in a dwelling unit and functioning as a single housekeeping unit under a common housekeeping management plan based upon an intentionally structured relationship providing organization and stability. The resident of a residential group home shall be limited to persons who need specialized housing because of age, disability or illness, and may include, but not necessarily be limited to, children, the mentally or physically handicapped and elderly, but shall not include drug and alcohol rehabilitation facilities, or adult prerelease correctional facilities such as work release, halfway houses or similar uses. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the federal Fair Housing Act, as amended. Residency shall be on a non-transient basis. This definition shall not apply to a club, lodge, fraternity house, nursing or day-care facility or similar use.
RESIDENTIAL SECTIONThe area within a campus mixed-use development designated for single-family attached dwellings.
RESTAURANTA building used for the purpose of furnishing food to the public to be consumed within the building and in outdoor dining space adjoining the building.
RESTAURANT, DRIVE-THROUGH FACILITYA fast-food restaurant or section of such a restaurant which is designed to allow for the serving and pickup of food, without leaving the vehicle, for off-premises consumption.
RESTAURANT, FAST-FOODA building used for the purpose of furnishing food to the public for consumption on the premises and within the building. Such a restaurant may include drive-through service.
RETAIL SERVICE AND REPAIRA commercial establishment that provides retail sales, rental, service, processing or repair of items primary intended for consumer household use, repairs new or used products.
RETAIL STOREAn establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods including, but not limited to, pharmacy, bookstore, florist shop, gift shop, jewelry store, picture framing shop, or home improvement store. Retail stores may include a supermarket component.
RIGHT-OF-WAYAny street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned by a governmental entity and/or the general public.
SANITARY SEWAGEAny 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.
SCIENTIFIC RESEARCH LABORATORYA facility equipped for scientific investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, for practical application of new or revised theories or laws.
SCREEN PLANTINGThe plantings which are used in a buffer planting strip or other landscaping arrangement to create a continuous visual buffer.
SECONDARY EFFECTSResults of an indirect nature which have an influence on a particular condition or state derived from a primary effect.
SELECTIVE CUTTINGThe felling of certain, but not all, trees in an area for the purposes of: removing dead, diseased, damaged, mature or marketable timber; improving the quality of a tree stand or species; or meeting personal domestic needs.
SEWAGEThe total of organic waste and wastewater generated by residential, industrial, commercial, institutional or other establishments.
SEWERAny pipe or conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants and to a receiving stream or other drainageway.
SEWERAGEAll effluent carried by sewers whether it is sanitary sewage, residential, commercial or industrial wastes or stormwater runoff.
SHOPPING CENTERA complex of stores (retail and/or restaurant) either contained within one building or a combination of buildings on a single lot with adjacent parking.
SHORT-TERM EFFECTSResults which are manifest for, or extended over, a short period of time.
SIGNAny permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that displays or which includes any letter, work, insignia, flag or representation which is in the nature of an advertisement, announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones built into or attached to a wall of a building are excluded.
SIGN AREAThe area of a sign shall be construed to include all lettering, working and accompanying designs and symbols together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape, including the sign background which encompasses all of the letters and symbols.
SIGN, ACCESSORYAny sign which specifically relates to the permitted use of the premises on which said sign is erected and which serves as a further description of products available to or services provided for the general public.
SIGN, CHANGEABLEA freestanding sign containing a portion of display with the capability of content change by means of manual or remote input, including manual changeable copy display and electrical changeable copy display.
SIGN, FLASHINGA sign, the illumination of which, when in use, is not kept constant in intensity at all times, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature or date information shall not be considered a flashing sign.
SIGN, FREESTANDINGA sign supported by, or suspended from, one or more columns, poles, footing, pedestals or other supports located in or upon the ground surface. A ground sign and a pole sign shall be considered freestanding signs.
SIGN, GROUNDA freestanding monument-type sign supported by footings, pedestal, uprights or braces. A ground sign shall be considered a freestanding sign.
SIGN, ILLUMINATEDA sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign or a sign with illumination derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source to areas other than the sign being illuminated.
SIGN, MANUAL CHANGEABLE COPYA sign or portion thereof on which the copy or symbols are changed manually through placement of letters or symbols on a panel mounted in or on a track system.
SIGN, MULTI-PURPOSE VISUAL DISPLAYA sign that uses digital light-emitting diodes (LEDs), or similar technology, to create a visual display area composed of images, characters, and/or messages for advertising and communication purposes, which sign is capable of frequent display area changes.
SIGN, OFF-PREMISESA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, ON-PREMISESA sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities available on the premises.
SIGN, PARALLELA sign which is mounted parallel to a wall or other vertical building surface not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 15 inches from the wall surface.
SIGN, POLEA freestanding sign mounted on a pole, column or other support(s) so that the bottom edge of the sign area is a minimum of eight feet from the ground, and the tope edge of the sign is no more than 15 feet above the ground.
SIGN, PREVIEW BOARDA freestanding sign which depicts a preview of food for sale at the drive-through section of a fast-food restaurant. Such sign shall not exceed eight square feet.
SIGN, PROJECTINGA sign which is attached directly to the wall of a building or other structure which extends more than 15 inches from the face of such wall.
SIGN, PYLONA freestanding sign permitted in the C-3 Major Shopping Center District which advertises and identifies the occupants of the major shopping center.
SIGN, REAL ESTATEA sign pertaining to the sale or lease of the premises on which the sign is located.
SIGN, TEMPORARYAny sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for 30 days or less.
SIGN, WINDOWA 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.
SINGLE AND SEPARATE OWNERSHIPThe ownership of property by any person, which ownership is separate and distinct from that of any adjoining property. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter and have continued since the date to be so separately described in all subsequent recorded deeds of conveyance. Where two or more lots are used as one lot as determined based upon the character of usage, the lots cease to exist under single and separate ownership.
SITE RESTORATIONMeasures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.
SKIDDINGDragging trees on the ground from the stump to the landing by any means.
SKILLED NURSING FACILITYA facility which provides for personal health care in a continuing care retirement community and is licensed to provide skilled nursing care by the Commonwealth of Pennsylvania.
SLASHWood debris left in the woods after logging, including lots, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
SLOPE, MANMADE STEEP AND VERY STEEPTopographic conditions characterized by a change in elevation equal to or greater than 15%, which are the artifact of human land use and earthmoving activity, including, but not limited to, the construction and/or maintenance of transportation infrastructure; agricultural or industrial operations; mineral extraction; building construction; stormwater and floodwater management; sewage control; energy production; military operations; refuse deposit (landfill); and the like. Proof of whether a slope is man-made may be provided through comparisons of historic aerial photographs, soil borings, USGS maps, development plans, field survey, and the review of other maps and documentation.
SLOPE, STEEPThe area of land which is characterized by a change in elevation of 15% or more but not exceeding 25%.
SLOPE, VERY STEEPThe area of land which is characterized by a change in elevation of 25% or more.
SOIL SURVEYThe soil survey of Chester and Delaware Counties, prepared by the United States Natural Resources Conservation Service.
SOLAR ENERGYEnergy derived from sunlight which has been converted, through the use of a solar energy system, into usable electricity or to heat air, water, or other fluids for use in hot water or space heating, or other applications.
SOLAR ENERGY SYSTEMAn energy collection and conversion system, including appurtenances, which accepts and converts solar energy to a usable thermal, mechanical, chemical, or electrical energy. Particular types of solar energy systems include, but are not limited to:
(1) Photovoltaic (PV) system, which produces electricity by the use of semiconductor devices, called photovoltaic cells, which generate electricity when exposed to sunlight. A PV system may be roof-mounted or ground-mounted; and
(2) Solar thermal system, which uses solar energy to heat air, water, or other fluids for use in hot water or space heating, or other applications.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED SYSTEMA solar energy system that is directly installed on specialized solar racking systems, which are attached to an anchor in the ground and wired to connect to an adjacent home or building. Ground-mounted systems may be applicable when insufficient space, structural and shading issues, or other restrictions prohibit rooftop solar.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED SYSTEMA solar energy system consisting of solar panels installed directly on the roof of a home, commercial building, and/or an accessory structure, such as a garage, pergola, or shed. Solar panels are mounted and secured using racking systems specifically designed to minimize the impact on the roof and prevent any leaks or structural damage. Roof-mounted systems can be mounted flush with the roof or tilted toward the sun at an angle.
SPECIAL EXCEPTIONA use which may be authorized by the Zoning Hearing Board, in accordance with Article
XXVII of this chapter, when the applicant establishes that the ordinance allows the proposed use by special exception and that the use complies with all applicable specific standards and criteria.
STABLEAny building, structure or portion thereof which is used in whole or in part for the shelter or care of horses or cattle, either permanently or transiently.
STANDAny are of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
STORYThat part of a structure included between the floor and the floor or roof next above. When applied to the permissible height of buildings, the term "story" shall not include a basement if the floor thereof is more than five feet below the average ground level around the structure.
STREAMAny natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
STREETA publicly or privately owned right-of-way serving as a means of vehicular travel furnishing access.
STREET LINEThe dividing line between a lot and the right-of-way line of an opened or officially platted public street or between a lot and a privately owned street easement line.
STREETSCAPEThe cartway, and the space adjacent to the cartway, that may be embellished with curbs, grass strips, sidewalks, street trees, streetlights, and amenities such as benches, waste receptacles and the like.
STRUCTURAL ALTERATIONAny 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 to adapt a structure to a different use.
STRUCTUREAny man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land. This term includes anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, gas or liquid storage tanks that are principally above ground, manufactured homes, signs and other similar items.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, 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.
SUBDIVISION PLANA sketch or preliminary or final plan which complies with Chapter
210, Subdivision and Land Development. See also "land development plan."
SUPERMARKETA retail establishment, typically in the range of 50,000 to 180,000 square feet of gross floor area, selling food, including alcoholic beverage sales, prepared foods for on-premises or off-premises consumption, and also selling other convenience and household goods, clothing, electronics and other products sold in general merchandise stores, and providing ancillary services, including but not limited to pharmacy and banking services, and restaurants. Supermarkets shall not include wholesale membership clubs and/or discount department stores.
TAVERNAn establishment for the sale of beer and other drinks to be consumed on the premises, typically also serving food.
TIMBER HARVESTING/TREE HARVESTING/LOGGINGThe process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
TOPThe upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
TRACTOne or more contiguous or noncontiguous lots, assembled for the purpose of unified development in accordance with the regulations of the SU-1-A Mixed Use District.
USEAn activity or the specific purpose for which land or a building is designed, arranged, intended or improved or for which it is or may be occupied or used.
UTILITIESA service (such as electric, gas, or water) provided by a public utility company.
VARIANCEPermission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article
XXVIII and Pennsylvania Municipalities Planning Code Section 910.2.
VETERINARY CLINICAn animal hospital or clinic that provides medical care for small animals or pets.
VISUAL RESOURCESCharacteristics of the natural and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character and/or attractiveness relative to their amenity value and/or quality.
WAREHOUSEA building used primarily for the storage of goods and materials, distinct from ordinary on-site storage connected with retail enterprise and from mini storage.
WATERCOURSEA stream with year-round or substantially year-round flow such as a creek, run or other body of running water.
WETLANDAreas that are inundated or 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 and similar area.
WHOLESALE MEMBERSHIP CLUBA retail store format which limits access to businesses and individuals who become members of the club.
WILDLIFE AND NATURE PRESERVEA protected natural area of land or water focused on the conservancy and scientific study of wild animals, plants or geological features.
WIRELESS COMMUNICATIONS FACILITIESA Federal Communications Commission (PCC) licensed facility on a parcel of land containing a tower, sending and receiving antennas attached to the tower, and a cabinet or other modular structure containing electronic equipment.
WOODLANDAreas comprised of largely mature trees in which the largest trees measure at least six inches dbh (diameter at breast height or 4 1/2 feet above the ground). The woodlands shall be measured from the dripline of the outer trees. Woodlands are also 10 or more individual trees which measure at least 10 inches dbh and form a contiguous canopy.
WOODLAND MANAGEMENT PLANA description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall be prepared by a person(s) with demonstrable expertise in forest management and shall document measures to be taken to protect water quality; to minimize impacts from skid trails and logging roads, landing areas and the tree-removal process; and to assure site restoration.
YARD (REQUIRED YARD)An open area with no buildings 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 this chapter.
YARD, FRONTA yard extending the full width of the lot along the front lot line and extending in depth from where a building is permitted. In the case of corner lots or reverse frontage lots, front yards of the required depth shall be provided along all streets. In the case of an interior lot, the front yard shall extend along the front lot line the entire width of the lot and shall not include any portion of the right-of-way or accessway connecting the lot with the street.
YARD, REARA 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 on the lot where a building is permitted.
YARD, SIDEA yard extending the full depth of the lot along the side lot line and extending in width from such side lot the nearest point on the lot where a building is permitted.