ALLEY - A strip of land over which there is a right-of-way, municipally or privately owned, on which no dwellings or stores front, serving as the secondary means of access to two or more properties
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 the start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plot or plan or for the approval of a development plan 1
BIOTECHNICAL SLOPE PROTECTION - Stabilization of slopes by mechanical elements and structures in combination with plant material to arrest and prevent slope failures, movement of soil and erosion [Added 8-19-1998 by Ord. No. 1661
BLOCK - An area usually bounded by streets or streets and natural or man-made features
BUILDER - A person who is not necessarily the owner of the land or agent of the same, who by contract or other agreement is charged with the responsibility of construction of buildings or other structures or of making any construction improvements on any parcel of land
BUILDING SETBACK LINE - A line within a lot, so designated on a subdivision plan, between which line and the ultimate right-of-way line of the street on which the lot abuts a building may not be erected
CARTWAY - The portion of a street or alley intended for vehicular use
COMPREHENSIVE PLAN - The official public document of current adoption consisting of maps, charts and textual matter that constitutes a policy guide to decisions about the physical and social development of the township
CONDOMINIUM - Real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions Real estate is not a "condominium" unless the undivided interests in the common elements are vested in the unit owners This form of ownership may be applied in residential, professional office, limited industrial and commercial land usage [Amended 8-21-1996 by Ord. No. 1501
CROSSWALK - A right-of-way for pedestrian travel across a block connecting two of the bounding streets
CUL-DE-SAC - A street with access at one end and terminated at the other by a paved vehicular turnaround
CUT .
A. An excavation
B. The difference between a point on the original ground and a designated point of lower elevation on the final grade
C. Also, the material removed in excavation
DEVELOPER - Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision or land development
DEVELOPMENT PLAN - The provisions for development of a residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, 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
DRIVEWAY - A private street providing for vehicular and pedestrian access between a public street and a parking area within a lot or property
EASEMENT - A right-of-way or other right granted for the use of private land for certain public or quasi-public purposes
ENDORSEMENT - Review stamp of the Montgomery County Planning Commission
ENGINEER - A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for a municipality, planning agency or joint planning commission
EROSION - The removal of surface materials by the action of natural elements
EXCAVATION - Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom
FILL
A. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, and shall include the conditions resulting therefrom
B. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade
C. The material used to make a fill
FLOODPLAIN - As defined in Chapter 150, Zoning s
GRADE - A slope of a street or other public way specified in percent (%) and shown on plans as specified herein
IMPROVEMENT - Grading, paving, curbing, streetlights and signs, fire hydrants, wells, water mains, sanitary sewers, storm drams, sidewalks, parking areas, crosswalks and street shade trees
LAND DEVELOPMENT - Any of the following activities
A. The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving
(1) A group of two (2) 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 (2) 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 53 P S § 10503(1 1)
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 having a remaining term of not less than forty (40) years or other person having a proprietary interest in land
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit s
LOT AREA - The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, excluding any area within any right-of-way, but including the area of any easement
OFFICIAL MAP SUMMARY - The map of current adoption showing the location of the lines of existing and proposed public streets, including the ultimate width of the corridor for such streets, watercourses and public grounds for the whole of the Municipality of Worcester Township, provided that proposed streets, watercourses or public grounds shall not, in and of themselves, constitute a taking or acceptance of any land by the Municipality of Worcester Township
PLAN
A. PLAN, IMPROVEMENT CONSTRUCTION - A plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by these regulations, showing the horizontal details, profile and typical cross section to be constructed or installed
B. PLAN, LAND DEVELOPMENT - A tentative, preliminary or final plan, including written and graphic material, showing the provision for development of a subject tract when plans of subdivision would not be applicable
C. PLAN, PRELIMINARY - A plan in compliance with the requirements of § 130-33 of this chapter A "preliminary plan" shall also meet all other applicable requirements of this chapter and shall propose development for only those uses permitted by Chapter 150, Zoning, and be in compliance therewith [Amended 10-10-1988 by Ord. No. 101]
D. PLAN, RECORD - A plan prepared for recording by a registered engineer or surveyor, showing the ultimate width of streets, the lot lines, easements and any other relevant information pertaining to the subdivision.
PLANNED RESIDENTIAL DEVELOPMENT - An area of land, controlled by a landowner, to be developed as a single -entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one (1) district created, from time to time, under the provisions of Chapter 150, Zoning I
PLAT - The map or plan of a subdivision or land development, whether preliminary or final
PUBLIC NOTICE - Notice published once each week for two successive weeks in a newspaper of general circulation in the township Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing [Amended 8-21-1996 by Ord. No. 150)
RESERVE STRIP - A parcel of land separating a street from adjacent properties
RIGHT-OF-WAY LINE - Ultimate right-of-way line as defined below
RUNOFF - The surface water discharge or rate of discharge of a given watershed after a fall of ram or snow that does not enter the soil but runs off the surface of the land
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM - The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the Township Comprehensive Plan
SEDIMENTATION - The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment "
SIGHT DISTANCE - The distance of unobstructed view along the center line of a street from the driver's sight height of five feet to the farthest visible point four inches above the street surface
SLOPE - The face of an embankment or cut section, any ground whose surface makes an angle with the plane of the horizon "Slopes" are usually expressed in a percentage based upon vertical difference in feet per hundred (100) feet of horizontal distance
SOIL STABILIZATION - Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties
SOIL SURVEY - A report entitled "Soil Survey of Montgomery County Pennsylvania," published April 1967 by the Soil Conservation Service, United States Department of Agriculture, and which is available in the township or through the Extension Service, Agricultural Agent, the Pennsylvania State University in Norristown
STEEP SLOPE AREA - An area with slopes of 10% or greater [Added 8-19-1998 by Ord. No. 1661
STREET - A strip of land, including the entire ultimate right-of-way, publicly or privately owned, serving primarily as means of vehicular and pedestrian travel, furnishing access to abutting properties which may also be used to provide space for sewers, public utilities, shade trees and sidewalks (When designations conflict with those given in updated § 130-16C, the latter shall prevail )
A. RESIDENTIAL - A street used primarily as the principal means of access to adjacent residential properties
B. SECONDARY
(1) A street connecting local residential streets to each other or community facilities and to the major streets, serving only neighborhood traffic
(2) Secondary feeder roads serve to connect residential streets to collector roads and community facilities with light traffic volumes
(3) Secondary collector roads serve to connect feeder roads and residential streets to other feeder roads, community facilities and major highways with medium traffic volumes
C. MAJOR - A street connecting district centers or communities, serving large volumes of fast-moving through traffic, preferably located outside or bounding the residential neighborhood
D. HALF-STREET - A street of less than required right-of-way and cartway width
E. MARGINAL ACCESS STREET - A street parallel and adjacent to a major street providing access to abutting properties by a cartway separated from the major streets by a reserve strip.
STREET LINE -- Ultimate right-of-way line as defined below
STRUCTURE -- Any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land
SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court 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 exempted (Amended 8-21-1996 by Ord. No. 1501
SWALE - A low-lying stretch of land which gathers or carries surface water runoff
TOPSOIL - Surface soils and subsurface soils which presumably are fertile soils and soil material ordinarily rich in organic matter or humus debris `Topsoil" is usually found in the uppermost soil layer called the "A horizon."
ULTIMATE RIGHT-OF-WAY - The expected future right-of-way width computed from the center line of an established right-of-way, as shown on the ultimate Right-of-Way Map of the township adopted by the governing body as part of the Official Map Summary of Worcester Township
ULTIMATE RIGHT-OF-WAY LINE - The line parallel to the center line of any public street which defines the boundary of the ultimate right-of-way as defined above
WATERCOURSE - A permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.
WETLANDS -- Those areas that are mandated 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 areas [Added 8-9-1998 by Ord. No. 166]
BUFFER - An area designed and functioning to separate the elements and uses of land(s) which abut it and to ease the transition between them.
CALIPER - The diameter of a planting tree as measured at a point on the trunk six inches above the ground surface
CANOPY TREE - In general, those whose mature heights may exceed 50 feet In natural woodlands, such trees make up the uppermost layer of the forest
DBH - The diameter of a tree at breast height, measured 4 112 feet from the ground surface.
DRIPLINE - A generally circular line, the circumference of which is determined by the outer reaches of a tree's branching points
ENCROACHMENT - Any physical action which may jeopardize the health and longevity of a natural feature as that term. is described in Subsection F(1).
GROUNDWATER RECHARGE - Replenishment of geologic structures and rock and soil interstices which have the capacity to store water
HEDGEROW - A line or band of plants 100 feet or greater in length where seeds collect and are left undisturbed, such as along fence lines or property lines or between fields, or that is specially planted, i.e., to act as a windbreak
SPECIMEN TREE - A plant worthy of preservation because- of -species, size; shape, form, historical importance or any other significant characteristic, including canopy trees over 20 inches DBH and understory trees greater than six inches DBH
UNDERSTORY TREE - Trees whose mature heights are generally less than 50 feet In natural woodlands, understory trees occur below the upper layer canopy trees
WOODLAND - A stand of woody vegetation covering at least one acre, predominantly trees of varying age or size and including at least 50% cover of trees at least six inches DBH
BUILDING - A combination of materials to form a permanent structure having walls and a roof Included shall be all mobile homes and -trailers used for human habitation
DESIGNATED FLOODPLAIN DISTRICTS - Those floodplain districts specifically designated in Chapter 1500, Zoning, as being inundated primarily by the one hundred-year flood Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (FA)
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 and the subdivision of land
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land, excluding wells used as a source of water supply, due to the hazard of infiltration and contamination caused by flooding
DWELLING - A building designed and constructed for residential purposes in which people live
ONE-HUNDRED-YEAR FLOOD - A flood that, on the average, is likely to occur once every one hundred (100) years (i e , that has a one-percent chance of occurring each year, although the flood may occur in any year)
REGULATORY FLOOD ELEVATION - The one hundred-year-flood elevation, plus a freeboard safety factor of one and one-half (1 1/2) feet
STRUCTURE - Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, factories, sheds, cabins, mobile homes and other similar items
SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other division of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development, provided, however, that the division of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, shall be exempted
CONTRACTOR - The subdivision developer, his agent or authorized representative, the contractor employed by the developer and all subcontractors associated with the work, contractors employed by the municipality or municipal authority, including local, state or federal governments, and in all cases shall be the individual, partnership or corporation who is charged with the responsibility of constructing the improvements
MUNICIPALITY - The Township Board of Supervisors and/or the township municipal government
MANAGER - The currently appointed Township Manager
ENGINEER - The currently appointed registered professional engineer acting as Township Engineer
INSPECTOR - The authorized representative of the Township Engineer
SOLICITOR - The currently appointed lawyer acting as Township Solicitor
DRAWINGS - All drawings or reproductions of drawings pertaining to the construction of the project improvements
IMPROVEMENTS - The specific roads or streets and their appertaining structures, slopes, ditches, waterways, drainage structures, water mains, sanitary sewers, utilities, curbs, sidewalks, underdrains, street signs, streetlights, survey control monuments, driveways and parking areas on which work is to be performed under the contracts as shown on the approved drawings
SPECIFICATIONS - The directions, provisions and requirements contained herein, bulletins referred to herein, and any supplements, bulletins, special provisions or special requirements referred to in or bound with the contract, together with all written agreements made or to be made, pertaining to the method and manner of performing the work or to the quantities and qualities of materials to be furnished under the contract
CONTRACT
A. The written agreement between the contractor and the municipality covering the performance of the work; the time of performance of-the work, the methods of payment, the responsibilities and liabilities pertaining to the work and the furnishing of materials in the construction of the project
B. The "contract" shall include, in part or all, the proposal Drawings, specifications, performance bond or escrow account, contract bond, additional bond for labor and materials and notice to proceed, also, any and all supplemental agreements which reasonably could be required to complete the construction of the project in a substantial and acceptable manner
CONTRACT OR PERFORMANCE BOND - The approved form of security furnished by the contractor and his surety as a guaranty of good faith on the part of the contractor to execute the work in accordance with the terms of the specifications and contract
ROAD OR STREET --- The entire area between right-of-way hues, including additional area required for slopes or drainage easements, as proposed for dedication or as ordained, specified or shown on the approved construction drawings
ROADWAY - That portion of the road or street included between the gutters, side ditch lines, back of curbs or outside shoulder lines reserved for the accommodation of the traveling public and providing vehicular and pedestrian access to adjacent properties
AASHO - American Association of State Highway Officials
ASTM -- American Society for Testing Materials
PDH SPECS -- Pennsylvania Department of Transportation Specifications, Form 408 (current issue)
ACCESSORY BUILDING - A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building
ACCESSORY USE - A use customarily incidental and subordinate to the principal use of land or a building or other structure on a lot or portion thereof located on the same lot with such principal use
AGE-QUALIFIED RESIDENTIAL COMMUNITY - A residential community consisting of single-family detached and/or townhouse dwellings which shall be permanently occupied by no more than four persons at least one of whom shall be 55 years of age or older, and further, providing that no persons under the age of 19 shall occupy a dwelling except during summer months or during holidays [Added 2-20-2002 by Ord. No. 1851
AGRICULTURE - The cultivating of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nurserying, horticulture and forestry
APARTMENT HOUSE - See "dwelling types and dwelling unit types," Subsection E, "apartment house/garden apartment " [Amended 8-21-1996 by Ord. No. 150]
BANKFULL FLOW - The point above a waterway which defines the maximum height of channel flow of a waterway It is either determined visually or computed as an elevation using the peak rate of runoff from a two-year storm event [Added 8-19-1998 by Ord. No. 166]
BASE FLOOD - The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared, for purposes of this chapter, the one-hundred year flood, as delineated in the Flood Insurance Study, Worcester Township, prepared by the Federal Insurance Administration, Federal Emergency Management Agency [Amended 12-18-1996 by Ord. No. 1551
BASE FLOOD ELEVATION - The one-hundred-yearflood elevation, as referenced in the Flood Insurance Study, Worcester Township, prepared by the Federal Insurance Administration, Federal Emergency Management Agency Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain closest to the construction site in question [Amended 12-18-1996 by Ord. No. 155]
BASEMENT -Any area of the building having its floor subgrade (below grade level) on all sides [Added 12-18-1996 by Ord. No. 155]
BUFFER - An area designed and functioning to separate the elements and uses of land which abut it, and to ease the transition between them
BUFFER SCREEN - A buffer comprised of natural and/or artificial material arranged in a certain specified depth, height and density to effectively block the view from one side to another during all seasons of the year and to reduce the transmission of noise between such sides
BUILDING - Any structure having enclosing walls and a roof, intended for supporting or sheltering a use or occupancy and attached to the land
BUILDING AREA - The aggregate of the maximum horizontal cross-section areas of the main and accessory structures taken at their greatest outside dimensions on the ground floor, including all attached structures except steps, chimneys, and uncovered porches not projecting more than 10 feet
BUILDING COVERAGE - The ratio of the building area on a lot to the developable area of the lot
BUILDING ENVELOPE - An established area within a property, consisting of individual building lines corresponding to each property or street line, outside of which it shall not be permissible to erect a building or structure The "building envelope" shall be determined by the required yards and required lot width for each respective district
BUILDING HEIGHT - The vertical distance of a building measured from the average elevation of the finished grade surrounding the building to the average height of the highest roof surface, provided that chimneys and other similar projections not exceeding 10 feet above the roof surface shall not be included in the height [Amended 12-15-1999 by Ord. No. 176]
BUILDING, PRINCIPAL - A building in which is conducted the principal use of the lot on which it is situated
CONDITIONAL USE - A use allowed by the Board of Supervisors after recommendations by the Planning Commission, pursuant to the standards and criteria set forth in this chapter under Article XXV
COUNTRY CLUB - Land area and buildings that contain a golf course(s)and may contain tennis courts and pools, a clubhouse and/or other customary accessory uses [Added 12-15-1999 by Ord. No. 1761
DAY CAMP - A facility for children with organized and supervised recreational facilities such as swimming, horseback riding, etc , with no boarding of patrons [Added 12-15-1999 by Ord. No. 1761
DENSITY - The number of dwelling units per developable acre
DETENTION BASIN - An area of land designed and constructed as a part of a stormwater management system which shall catch water and delay its discharge for a period of time The limits of the detention basin shall be measured from the highest elevation of the structure
DEVELOPABLE AREA - All land within the lot lines except that located within the ultimate right-of-way of public roads, right-of-way of overhead utility lines, existing easements, floodplains, wetlands and land continuously covered with water
DEVELOPMENT - Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials (Added 12-18-1996 by Ord. No. 155]
DWELLING - A building consisting of one or more dwelling units that is designed and occupied principally for residential purposes The dwelling shall be constructed in accordance with the Worcester Township Building Code' and other ordinances of Worcester Township
DWELLING TYPES AND DWELLING UNIT TYPES - Included within this definition are all dwelling and dwelling unit types without regard to tenure
A. SINGLE-FAMILY DETACHED DWELLING - A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building
B. MULTIFAMILY DWELLING - A building consisting of two or more dwelling units, with each unit to be used, intended to be used or capable of being used exclusively as a residence for one family, and with all units being separated by party walls.
C. MOBILE DWELLING - A single-family dwelling 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 arrived at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operation, and constructed so that it may be used without a permanent foundation
D. APARTMENT - A dwelling unit within a multifamily dwelling or within a building containing some other principal use
E. APARTMENT HOUSE/GARDEN APARTMENT A multifamily dwelling containing two or more apartments, customarily but not necessarily arranged in a stacking fashion A basement in an apartment house/garden apartment shall not contain habitable rooms
F. TOWNHOUSE/ROWHOUSE - A dwelling unit within a multifamily dwelling attached to one or more other similar dwelling units, all units having separate entrances, and all units being separated from each other by party walls constructed in accordance with the Worcester Township Building Code and other ordinances of Worcester Township
DWELLING UNIT - A room or group of rooms within a building used, intended to be used or capable of being used as a complete housekeeping facility for one family, providing living, sleeping, cooking, dining and sanitary facilities The unit shall be constructed in accordance with the Worcester Township Building Code 3 and other ordinances of Worcester Township
FAMILY - Any number of individuals living together as a single, nonprofit housekeeping unit and doing their cooking on the premises, provided that not more than two of such number are unrelated to all others by blood, marriage or legal adoption As a special exception, the Zoning Hearing Board may interpret the term "family" to include
A. A group of individuals, not exceeding four, not related by blood, marriage or legal adoption, living and cooking together as a single housekeeping unit, or
B. Any number of individuals living together, when all individuals are related by blood, marriage or legal adoption, as two nonprofit housekeeping units and doing separate cooking on the premises, provided that one of the housekeeping units shall contain only one member who has attained the age of 60 years, and provided that the owner of the property executes an agreement with the township which shall be recorded with the Recorder of Deeds of Montgomery County and which provides for the immediate removal of separate cooking facilities at such time as they are no longer being utilized by the person for whom they were originally installed All provisions of the Worcester Township Building Code ,4 specifically as they pertain to multifamily dwellings, must be met.
FARM MARKET - A booth, stall or building located on a farm from which produce, plants, dairy products and farm products grown or produced on the site are sold to the general public [Added 12-15-1999 by Ord. No. 176]
FLAG LOT - Any single-family, detached residential dwelling lot which has a lot width of less than 50 feet at any point between the building envelope for the lot and the street on which the lot proposes to obtain its access [Amended 4-17-1996 by Ord. No. 146]
FLOODPLAIN - That area defined in Article XX of this chapter as the Floodplain Conservation District The floodplain definition contained therein shall be considered the definition for fioodplain for all purposes and uses of this chapter
FOOTPRINT LOT - A lot containing one townhouse dwelling unit, the lot lines of which are coextensive with the exterior of the dwelling unit perimeter foundation walls and the center line of common walls between dwelling units [Added 4-17-1996 by Ord. No. 1461
FOOTPRINT LOT TOWNHOUSE DEVELOPMENT - The use of a parcel of land for a townhouse development with each individual townhouse dwelling unit on a footprint lot In a footprint lot townhouse development, the term "lot" within the definition of "yard" below, § 150-57F, Multifamily dwellings, § 150-154, Location of off-street parking, § 150-178, Frontage, § 150-195, Private ownership of roads, and § 150-196, Corner lots, shall mean and refer to the overall footprint lot townhouse development parcel and not to any individual footprint lot within the townhouse development In addition, the term "property fines' within § 150-204 shall mean and refer to the overall footprint lottownhouse development parcel property lines and not to the property lines of any individual footprint lot within the footprint lot townhouse development [Added 4-17-1996 by Ord. No. 146]
GARAGE - Includes all principal and accessory use garages.
A. PRIVATE - A private garage is a one story building used for the storage of automobiles or trucks owned and used by the owner, tenant or employees of the owner of the lot on which it is erected for a purpose accessory to the use of the lot.
B. PUBLIC - A public garage is a building, other than a private garage, one or more stories in height, used for storage, repair and/or sale of automobiles, trucks or other commercial vehicles.
C. ATTACHED - An attached garage shall mean a garage that shares a common wall with, a principal building for a minimum of eight (8) feet. All other garages shall be deemed detached.
**Webmasters Note: The previous definition has bee amended as per Ordinance No. 04-201.
GASOLINE SERVICE STATION - Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs
HAZARDOUS SUBSTANCE - All substances listed as hazardous by the Pennsylvania Department of Environmental Resources, the Pennsylvania Department of Labor and Industry and the United States Environmental Protection Agency pursuant to the various definitions and regulations in place and as amended from time to time, and all substances as defined in the Worcester Township Hazardous Substance Ordinance s
HISTORIC STRUCTURE [Added 12-18-1996 by Ord. No. 155] - Any structure that is
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register,
B. 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,
C. Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior, or
D. Individually listed on a Local Inventory of Historic Places in communities with historic preservation programs that have been certified either by an approved state program as determined by Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs
HOME OCCUPATION - An accessory use permitted only in a single-family detached residential use and limited to the professional office or studio of a physician, dentist, teacher, artist, engineer, musician, architect, lawyer, outside salesperson or similar professional practitioner or rooms utilized for occupations such as dressmaking, millinery or solar handicrafts, and specifically excluding any business, clinic, animal hospital, barber or beauty shop, personal service shop or tea room "Home occupations" shall be governed by the standards set forth in Article XXIV, General Regulations
HOTEL - A building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons
IMPERVIOUS COVERAGE - The ratio of the area of all portions of a lot covered in any way so as to not allow the ground beneath to absorb water at the natural rate of sodded land, to the developable area of the lot
JUNKYARD - A lot, land or structure or part thereof used primarily for the collection, recycling, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery of vehicles not in running condition, and for the sale of parts thereof
LOADING SPACE - A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials
LOT - A parcel of land which may be used only in accordance with the terms of this chapter
LOT AREA - The- total horizontal area of the lot lying within the lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area
LOT AREA CALCULATION [Amended 9-17-1997 by Ord. No. 153] - In calculating the lot area for the minimum required size in all residential zoning districts, the following shall be excluded
A. Any area within a floodplain, wetlands, land continuously covered with water or land within any water of the commonwealth Any area-within 25 feet of unfilled wetlands [Amended 8-19-1998 by Ord. No. 166]
B. The access strip of a leg or flag lot
C. Any access portion of a lot with a width dimension of less than 70 feet
D. Area within the ultimate right-of-way of preexisting public roads
E. The easement or right-of-way area associated with overhead utility lines or underground high pressure gas transmission lines
F. All of steep slope areas with a slope of 18% or more and 1/2 of steep slope areas with a slope of 10% to less than 18% [Added 8-19-1998 by Ord. No. 166]
LOT LINE - A property boundary line of any lot held in single or joint ownership, except that in the case of any lot abutting a street, the lot line for such portion of the lot that abuts the street shall be deemed to be the same as the street line and shall not be the center line of the street, or any other line within the street even though such may be the property boundary line
LOT WIDTH - The frontage dimension of a lot measured at the building line
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement) An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter [Added 12-18-1996 by Ord. No. 155]
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 so that it may be used without a permanent foundation [Added 8-21-1996 by Ord. No. 150]
MOBILE HOME DEVELOPMENT - A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots
MOBILE HOME LOT - A parcel of land in a mobile home development, constructed with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home, and the exclusive use of its occupants
MOBILE HOME STAND - That part of an individual lot which has been reserved and prepared for the placement of the mobile home
MOTOR COURT OR MOTEL - A building and/or a group of two or more detached or semidetached buildings containing rooms or apartments having separate entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers on a short-term basis and is suitable for occupancy at all seasons of the year
MUNICIPAL USE - The use of property by Worcester Township for any purpose authorized by the Second Class Township Code (or any successor code delineating the powers of Worcester Township) and specifically including the rental of township property to a third party for the erection of a radio or cellular telephone tower which may also be utilized by the township for police and emergency response communications [Amended 9-15-1993 by Ord. No. 133]
NONCONFORMITY [Amended 8-21-1996 by Ord. No. 150]
A. NONCONFORMING STRUCTURE - A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation Such nonconforming structures include, but are not limited to, nonconforming signs
B. 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 heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation
ONE-HUNDRED-YEAR FLOOD - A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in one year, for the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Insurance Administration, Federal Emergency Management Agency [Amended 12-18-1996 by Ord. No. 1551
OPEN SPACE, COMMON - A parcel or parcels of land, an area of water or a combination of land and water within a developed site, not including streets, stormwater facilities, off-street parking areas or areas set aside for public facilities, designed and intended for the use and/or enjoyment of such development's residents and/or other township residents The space must be substantially free of structures, but may contain such improvements, appropriate for residents' recreation, as are in the applicable subdivision or land development plan as finally approved
OPEN SPACE, PERMANENT - A parcel or parcels of land, an area of water or a combination of land and water within a developed site, not including streets, stormwater facilities, off-street parking areas or areas set aside for public facilities, designed and intended for the use and/or enjoyment of the development's residents The space must be substantially free of structures, but may contain such improvements, appropriate for residents' recreation, as are in the applicable subdivision plan as finally approved
PARKING SPACE - A reasonably level space, available for the parking of one motor vehicle, not less than nine feet wide and not less than 19 feet in length, exclusive of passageways or other means of circulation or access
PARKING SPACE, ALL-WEATHER - A parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather
PLACE OF RELIGIOUS WORSHIP - A building or structure, or a group of-buildings-or-structures,-that are primarily used for organized religious services [Added 12-15-1999 by Ord. No. 176]
REFORESTATION - The process of creating woodlands with three distinct layers of vegetation canopy trees, understory shrubs or trees and herbaceous groundcover plants [Added 8-19-1998 by Ord. No. 1661
RESIDENTIAL LIFE CARE FACILITY - A residential development restricted to the elderly that provides a continuum of accommodations and care, from independent living units to personal care and nursing homes "Independent living units" are dwelling units located within a residential life care facility [Added 12-15-1999 by Ord. No. 176]
RIPARIAN AREA - Land adjacent to a stream, lake, pond or other waterway Riparian areas form the transition between the aquatic and the terrestrial environment [Added 8-19-1998 by Ord. No. 166]
ROOMING HOUSE, TOURIST HOME - A dwelling, not a single-family or multifamily dwelling, providing lodging, with or without meals, and having accommodations for more than two guests This term shall include fraternity house, lodge, residential club or boardinghouse
SATELLITE EARTH STATION - A combination of an antenna or dish, the purpose of which is to receive communication or other signals from orbiting satellites or other extraterrestrial sources, a low noise amplifier which is situated at the focal point of the antenna and the purpose of which is to magnify and transfer signals, and a coaxial cable, the purpose of which is to carry the signals into the interior of the building, commonly referred to as "dish antenna "
SATELLITE EARTH STATION HEIGHT - The height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna or dish
SELECTION CUTTING - A method of removing small groups of trees scattered throughout a woodland in order to retain the biodiversity of the woodland while allowing limited harvesting of trees [Added 8-19-1998 by Ord. No. 166]
SIGN - A structure or other outdoor surface or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public or to display, identify and publicize the name and product or service of an individual, business organization or institution, any object, device, display or structure or part thereof situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention on an object, person, institution, organization, words, letters, figures, design, symbols, fixtures, colors, illumination or projected images
A. BUSINESS SIGN - A sign which directs attention to a business or commodity for sale or a profession, service or entertainment rendered or offered upon the premises where such sign is located
B. BILLBOARD - A sign, in excess of 24 square feet in area, which directs attention to a business, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located
C. FLASHING SIGN - Any illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when such sign is in use, including moving, rotating, flashing, oscillating, shuttered or similar signs
D. DIRECTIONAL SIGN - A sign, either temporary or permanent, containing no advertising other than a name which serves as a convenience to the public to show direction to a place or activity
E. CAMPAIGN SIGN - A temporary sign advertising the name of a candidate for election, including party affiliation, if any
F. TEMPORARY SIGN - A sign intended to be erected for a relatively short period of time, which shall be terminated by the work, event, sale of the premises or product advertised or occurrence of the event to which it refers, and in all respects the same as a sign which is not temporary insofar as matters of location, construction and public safety are concerned
G. ILLUMINATED SIGN - Any sign which is designed to-be seen-at night by virtue -of artificial light from within, behind or upon such sign, but not including reflector-type signs unless the source of light is made a part of or is related to such sign.
H. SIGN AREA- The gross area within a single continuous perimeter enclosing the extreme limits of such sign, as defined in this chapter
I. WALL SIGN - A sign attached to or panted on a wall
SPECIAL EXCEPTION - Permission or approval granted by the Zoning Hearing Board of Worcester Township in accordance with Article XXVI thereof, in situations where provision therefore is made by the terms of this chapter
STEEP SLOPE AREA - An area with slopes of 10% or greater [Added 8-19-1998 by Ord. No. 166)
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 or pedestrians, whether public or private [Amended 8-21-1996 by Ord. No. 1501
STREET LINE - The dividing line between a lot and the outside boundary or ultimate right-o way line of a public street, road or highway legally opened or officially plotted or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way
STRUCTURAL ALTERATION - Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders, or any change which would convert an existing building into a different structure or adapt it to a different use or which, in the case of a nonconforming use, would prolong the life of such use
STRUCTURE - Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred [Added 12-18-1996 by Ord. No. 1551
SUBSTANTIAL IMPROVEMENT [Added 12-18-1996 by Ord. No. 155) - Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50%0 of the market value of the structure before the start of construction of the improvement This term includes structures which have incurred substantial damage, as defined herein, regardless of the actual repair work performed The term does not, however, include either
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or
B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure
TENURE - The legal basis of occupancy of a unit, including fee simple, tenancy, condominium and cooperative forms of ownership
TRACT - A lot that is the subject of a land development or subdivision application, a lot that has been the subject of a land development or a lot that existed prior to a subdivision The gross tract area shall consist of the total acreage within the lot lines [Added 9-17-1997 by Ord. No. 1531
TRAILER PARK Any land used or designated to be used as parking space for more than one house trailer
ULTIMATE RIGHT-OF-WAY -- The future or planned width of a highway in the public domain as shown on the official Ultimate Right-of-Way Map on file at the office of the Township Secretary
VARIANCE - Permission or approval granted by the Zoning Hearing Board of Worcester Township in accordance with Article XXVI hereof, constituting a modification of or deviation from the provisions of this chapter as applied to a specific real property or portions of the same
WATERWAY - A stream, creek, river, pond, lake or other watercourse or waterbody [Added 8-19-1998 by Ord. No. 166)
WETLANDS - Those areas 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 areas [Added 8-19-1998 by Ord. No. 1661
YARD - An open unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky, except for public utility lines or facilities, landscaping and parking as restricted by the applicable zoning district
A. FRONT YARD - A yard extending the full width of the lot along the street line and extending in depth from the street line to the nearest point of any structure on the lot
B. REAR YARD - A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot
C. SIDE YARD - A yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot