§ 123-7. Usage and definitions., Article II. Word Usage; Definitions, Part 1. Subdivision Regulations, Chapter 123. Subdivision and Development of Land, Part II. General Legislation, Code of Ordinances, Lower Providence

ABUT

Areas of contiguous lots that share a common lot line, excluding lots entirely separated by a street or a nonintermittent waterway.

ACCEPTED ENGINEERING PRACTICE

That which conforms to accepted principles, tests or standards of nationally recognized technical, scientific and/or engineering authorities.

ACCESS DRIVE OR ACCESSWAY

A privately-owned, constructed and maintained vehicular access roadway accessing more than one dwelling unit or more than one commercial, institutional or industrial principal use. See also "driveway."

ACCESS POINT

One combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include accessways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.

ACCESS STRIP

A piece of land which provides physical access to and legal road frontage for a lot but which does not comply with the minimum lot width regulations of this Part 1. Access strips provide access to rear or interior lots.

ACCESSORY BUILDING/STRUCTURE

A building which is subordinate and accessory to a principal building on the same lot and which is used for purposes that are clearly customarily incidental to the uses of the principal building. Any portion of a principal building used for an accessory use shall not be considered to be an accessory building.

ACRE

43,560 square feet.

ACT 247

The Pennsylvania Municipalities Planning Code, originally enacted as Act 247 of 1968, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included.

ADA

Americans with Disabilities Act of 1990, as amended.

[Added 1-21-2016 by Ord. No. 630]

AGRICULTURE

Includes "crop farming" and "animal husbandry." See definition of each.

AGRICULTURAL BUILDING

A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.

AGRICULTURE DISTRICT

The Zoning District known as R-1.

AGRICULTURAL OPERATION

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged in by farmers or are consistent with technological development within the agricultural industry.

AIRPORT

An area of land or water or a surface of a building which is designated, used or intended to be used for the landing and takeoff of motorized aircraft weighing more than 250 pounds each, and any related aircraft support facilities such as for maintenance, refueling and parking.

(1)

PUBLIC AIRPORT

An airport that does not meet the definition of a "private airport."

(2)

PRIVATE AIRPORT

An airport limited to a maximum total of 15 flights and/or take-offs in any seven-day period and that is not available for use by the general public.

ALLEY

A public or privately owned right-of-way on which no new dwellings, stores or other principal buildings are intended to front, serving as the secondary means of access to two or more properties.

ALTERNATIVES

Alternative methods to the proposed use or project which fully examine a range of all possible approaches, including total abandonment and must rigorously explore and objectively evaluate all alternatives to the project or use.

ANCHORING

The fastening of a mobile home to its mobile home stand in order to prevent upset or damage due to wind, erosion, flooding or other natural forces.

ANIMAL CEMETERY

Land or buildings used for the internment or burial of the remains of three or more animals. Burial of one or two animals on a lot shall be a permitted by right accessory use in all districts.

ANIMAL HUSBANDRY

The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "Keeping of pets" section of Article XIII and beyond what is allowed within the definition of "crop farming." For the purposes of this chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." Animal husbandry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.

APPLICANT

The person or corporation responsible for a particular application for an approval or permit under this chapter.

APPLICATION

A written form supplied by the Township for a Township approval, decision or permit, including any accompanying site plan and additional information and materials that the Township requires the applicant to submit.

APPLICATION FOR SUBDIVISION OR DEVELOPMENT

Every application for subdivision or land development, tentative, preliminary or final, required to be filed and approved prior to start of construction or development, including application for all permits.

AUDITORIUM, COMMERCIAL

A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition of a movie theater, adult cabaret or standard or fast-food restaurant.

AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES

A building or area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following: motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, construction vehicles or boats in an operable condition, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park or a junkyard.

AUTO REPAIR GARAGE

A building and/or land where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. This use may also include any use described in the definition of "auto service station."

BASEMENT

An enclosed floor area partly or wholly underground. A basement shall be considered a "story" if more than 50% of the perimeter walls at the basement ceiling height are five feet or higher above the adjacent finished grade.

BERM

A mound or ridge of landscaped earth designed to act as a screen or buffer.

BETTING USE

A use where lawful gambling activities are conducted, including but not limited to off-track pari-mutuel betting, horse or dog tracks or bingo parlors and riverboat gambling. This term shall not include betting under the state lottery programs or betting under the small games of chance provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a "membership club").

BLAST OR BLASTING

The explosion of dynamite, black powder, fuse, blasting cap, detonators, electric squibs or other explosives.

BLOCK

An area bounded by streets or streets and natural or man-made features.

BOARD OF SUPERVISORS

The elected governing body of Lower Providence Township; also referred to as the "Supervisors."

BOARDINGHOUSE

A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation and that does not meet the definition of a hotel, dormitory, motel, life-care center, personal care center, bed-and-breakfast use, group home or nursing home. A college fraternity or sorority house shall be considered a type of boardinghouse. A boardinghouse may either involve or not involve the providing of meals to residents.

BUFFER

An area designed to separate the uses of land which abut it and which functions to ease the transition between them. Unless otherwise specified, buffers may be included as part of the required setbacks and yard areas. Buffers may be comprised of natural and/or man-made materials depending upon the purpose they are intended to serve.

BUILDING

Any structure, whether built conventionally or in a manner generally referred to as "mobile," "modular" or "manufactured," having enclosed walls and a roof and permanently located on the land, the ordinary use of which requires people to enter the structure.

BUILDING CODE OFFICIAL (BCO)

A construction code official who manages, supervises and administers building enforcement activities. Duties include but are not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions. These duties may include the duties of a Township zoning officer who is certified to act as a BCO.

BUILDING COVERAGE

The maximum horizontal area covered by buildings at or above grade.

BUILDING LINE

The line which serves as the rear boundary of the minimum front yard. For the purposes of measuring lot width at the building line, the following apply.

(1)

For wedge-shaped lots which are narrower at the street than at the rear property line, the building line may be moved back from the minimum front yard depth to a point where the lot width equals the minimum required for the district, provided that the lot complies with all other dimensional requirements of the district.

(2)

Where rear lots are permitted, the building line shall be oriented as parallel or concentric to the street from which access is provided as is feasible and set back from the intervening property line at least the minimum front yard depth.

CABARET

A club, tavern, theater, auditorium or similar place which includes live entertainment involving dancers, entertainers or employees that display "specified anatomical areas" or engage in simulated or actual "specified sexual activities."

CAMPGROUND

A commercial use that is primarily recreational in nature that involves the use of tents, portable toilets or sites leased for recreational vehicles for transient and seasonal occupancy by persons recreating or by travelers using either canoes, rafts or boat rentals or the use of tents or cabins for seasonal occupancy or temporary use by organized groups of persons or by private rental purposes. Rental of properties along the Delaware River for any type of boat, canoe or rafting launch or landing shall be considered operating a commercial campground.

CARPORT

A building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides. If any portion of a carport is attached to a principal building, it shall be considered to be part of that building.

CARTWAY

The portion of a street, alley or driveway intended for vehicular use.

CEMETERY

Land or buildings used for the burial only of deceased humans and/or for the cremated remains only of humans.

CENTER LINE OF STREET

A line equidistant from and parallel to the existing rights-of-way lines on each side of the street.

CHAIRPERSON

Includes chairman, chairwoman, chair and acting chairperson (when applicable).

CHRISTMAS TREE FARM or TREE FARM

A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the seasonal sale of trees produced on the premises.

CLEAR-CUTTING

A logging method that removes over 50% of all trees from a tract of land or a portion thereof.

CLUSTER DEVELOPMENT

An alternative development method wherein structures are arranged in closely related groups, reducing lot sizes, preserving land for open space and permitting more imaginative site design than may be possible under standard development.

COMMERCIAL

Intended to be for profit.

COMMERCIAL DISTRICT

Includes the PBO, MU, VC, GC, HC and BO Zoning Districts.

COMMERCIAL FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. This term shall not apply to Christmas tree farms.

COMMERCIAL INDOOR RECREATION

A type of commercial recreation use that: a) does not meet the definition of "commercial outdoor recreation;" and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use in this ordinance.

COMMERCIAL OUTDOOR RECREATION

A type of commercial recreation use that: a) has a total building coverage of less than 15%; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park, outdoor ice skating, campground and similar uses. This term shall not include any use listed separately as a distinct use by this chapter, such as a firearms target range.

COMMERCIAL USE

Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a retail store commercial use.

COMMERCIAL VEHICLE

Any motor vehicle or trailer that is primarily used for business purposes, including but not limited to making service calls, transporting equipment used in a business or in accomplishing physical work as part of a business (such as hauling material). This term shall not include any of the following: emergency medical vehicles, fire trucks, school buses, recreational vehicles for personal use, U.S. Postal Service vehicles, municipally-owned vehicles, vehicles clearly primarily intended for agricultural uses, or vehicles actively engaged in the construction or repair of streets, curbs, sidewalks or utilities in the immediate area.

COMMISSION

The Planning Commission of the Township of Lower Providence.

COMMON FACILITIES

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

[Added 11-8-1993 by Ord. No. 390]

COMMON OPEN SPACE

A parcel or parcels of land or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities; also referred to as "open space."

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or building addition containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

[Added 2-15-2001 by Ord. No. 453]

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, a self-supporting tower, or a guyed tower, designed and used to support communications antennas.

[Added 2-15-2001 by Ord. No. 453]

COMMUNITY CENTER

A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses.

COMPOSTING

The controlled processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product.

COMPREHENSIVE PLAN

The current, officially adopted Lower Providence Township Comprehensive Plan consisting of maps, charts and written and graphic materials, as well as any revisions or amendments thereto.

CONCENTRATED ANIMAL FEEDLOT OPERATION (CAFO)

A CAFO is a lot or facility where at least 50 livestock or poultry animals have been, are, or will be stabled or confined and fed or maintained for a total of at least 45 days in any twelve-month period, and the animal confinement area does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. More than 50 animals shall be considered an industrial use and not an agricultural use. It is not necessary that the same animals are fed or maintained on the lot for the forty-five-day period nor do the 45 days need to be consecutive. For the requirements of having a Pennsylvania Nutrient Management Plan, a CAFO is also defined as where the animal density exceeds two AEUs (AEU being defined as 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit) per acre on an annualized basis.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which are 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.

CONSERVATION EASEMENT

A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land in a manner approved by the Township Solicitor and Board of Supervisors and shall run in perpetuity. Such easement shall be recorded in the Montgomery County Recorder of Deeds Office. At a minimum, any conservation easement established to meet a requirement of a Township ordinance shall restrict uses of the land in a manner closely similar to all of the following:

(1)

The vast majority of the land shall be preserved in a near-natural or landscaped state or for agricultural uses;

(2)

No new principal buildings may be constructed on the lot, other than for noncommercial recreation or as necessary to support on-site agricultural activities;

(3)

The land shall not be used for any mineral extraction, commercial or industrial activities, other than agriculture or the growing of trees and plants for replanting or for Christmas tree sales or a lawful home occupation;

(4)

The lot shall not be further subdivided;

(5)

Currently forested areas shall be maintained as forests, with only carefully selective cutting of trees in such as a way as to preserve the character of such lands as forested lands, without any clear-cutting;

(6)

The land shall not be used for stormwater management facilities; and

(7)

A maintenance escrow or other arrangement guaranteeing maintenance of the easement area in a form acceptable to the Township Solicitor and Board of Supervisors shall be provided by the property owner when deemed applicable by the Board of Supervisors.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

CONVENIENCE STORE

A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 1,700 square feet. This use may also include the accessory sale of gasoline. A convenience store shall not have drive-through food service; otherwise it shall be considered a restaurant.

CONVERSION

To change from one use to another use, or to increase the number of dwelling units within a building, unless otherwise stated. This definition shall include an in-law apartment.

CORNER LOT

A lot having continuous frontage on two or more intersecting roads.

CORPORATION

Any licensed corporation organized under the laws of Pennsylvania or any other state of the United States. This shall include limited partnerships, business trusts, limited liability partnerships and limited liability corporations.

COUNTY

The County of Montgomery, Commonwealth of Pennsylvania.

[Amended 4-7-2005 by Ord. No. 524]

COUNTY PLANNING COMMISSION

The Montgomery County Planning Commission.

CRIMINAL TREATMENT CENTER

A use, other than a prison, providing living accommodations and treatment facilities for persons needing such treatment because of offenses that are criminal in nature. This shall include, but not be limited to, drug rehabilitation centers, halfway houses for persons recently released from prison and treatment centers for drunk drivers, and juvenile delinquents.

CROP FARMING

The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, nonhousehold table, concentrated animal feeding operations, riding academies or kennels.

CUL-DE-SAC

A road with access at one end and terminated at the other by a paved vehicular turnaround.

CULTURAL CENTER

A building and/or land open to the public which contains exhibits of clearly artistic or cultural interest, such as a museum, art gallery or indoor nature study area. This shall not include uses that are primarily commercial.

CULVERT

Any enclosed structure which has the purpose of carrying stormwater and intermittent or constant surface drainage water flow.

CURBLINE

The outermost edge of a cartway.

CUT

An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; also, the material removed in an excavation.

DAYS

Calendar days.

DE MINIMIS IMPROVEMENT

An improvement to an existing developed lot, tract or parcel of land which is otherwise consistent with the provisions of this Part 1 and other applicable Township ordinances and which does not increase the impervious surface on said lot by 10% of that existing prior to the new improvement, or 2,000 square feet, whichever is less.

[Added 6-26-1997 by Ord. No. 419]

D.E.P. (or "DEP")

The Pennsylvania Department of Environmental Protection, and its relevant bureaus. Any reference to DER or the Department of Environmental Resources shall be interpreted to mean DEP.

DEVELOPABLE ACRE

For the purpose of calculating density per developable acre, the developable acreage shall equal the gross land area of the proposal, minus the following acreage:

(1)

All land contained within the existing ultimate rights-of-way of all roads abutting or running through the land proposed for subdivision or land development.

(2)

All floodplain and soils with slopes of 15% or greater as defined by the Soil Survey of Montgomery County, 1967.

DEVELOPMENT

Any man-made change to improved 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.

DEVELOPMENT PLAN

The provisions for guiding development, including a plan of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, parking facilities, ways, common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.

DISTRIBUTION

The processing of materials so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration and packaging. Specifically, a use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a distribution use. This term shall not include a trucking company terminal.

DISTRICT or ZONING DISTRICT

A land area within the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DORMITORY

A principal or accessory building that includes residential areas occupied exclusively by faculty or students of an accredited college or university or state-licensed hospital or accredited public or private primary or secondary school.

DRAINAGE

The natural or man-made features of the land that are specifically designed to store or carry surface water runoff.

DRAINAGE FACILITIES

The natural or man-made features of the land that are specifically designed to store or carry surface water runoff.

DRIVE-THROUGH SERVICE

An establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles. Drive-through service shall be used only for a restaurant, pharmacy or financial institution.

DRIVEWAY

A private cartway providing vehicular access between a public street and a lot, property or development and/or providing vehicular circulation within a lot, property or development.

EARTHMOVING AND/OR GRADING

For the purposes of this Ordinance, "earthmoving" as defined in applicable DEP regulations (Chapter 102, Erosion and Sediment Control of 25 PA Code of Regulations), and also shall include any one or more of the following activities:

(1)

Cutting down of trees or clearing of brush, other than clearing of grass and weeds;

(2)

Excavation of the ground, filling of the ground or mineral extraction;

(3)

Grading, re-grading, any change in the ground surface elevation greater than one foot, disturbance of topsoil or vegetative cover of the land;

(4)

For the purposes of this definition, the term "earthmoving" shall apply to any soil, clay, overburden, sediment, dredge spoils or similar material;

(5)

Removal of tree stumps or brush with earthmoving equipment.

EASEMENT

A permanent right, including a right-of-way, granted by a property owner for the limited use of his/her private land for public, quasi-public or private purposes. It can be a utility, drainage or public access easement or for other purposes. The owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

ELECTRIC GENERATION

The production of electricity for distribution within a plant which has received all required state approvals.

ELECTRIC SUBSTATION

An assemblage of equipment for transforming electric power rather than for its generation or utilization.

EMERGENCY SERVICES STATION

A building for the housing of fire, emergency medical or police equipment and for related activities. A membership club may be included if it is a permitted use in that District. This may include housing for emergency personnel while on-call.

EMPLOYEES

The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ENCLOSURE

Any type of structure used to surround a patio, pool or deck at any height.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania.

EROSION

The removal of surface materials by the action of natural elements.

ESSENTIAL SERVICES

Uses that are necessary for the preservation of the public health and safety, and that are routine, customary and appropriate to the character of the area in which they are to be located. See utilities in the Pennsylvania Municipalities Planning Code. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, communications and cellular towers, a power-generating station, switching stations, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

EXCAVATION

Any act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, as well as the conditions resulting therefrom.

FAIRGROUNDS

A use that offers primarily outdoor agriculturally-related and horticultural exhibitions and shows, trade shows, boat shows, recreational vehicle shows or temporary tent sales, hobby shows, camping shows, fishing and hunting shows, firework displays with accessory facilities such as amusement park rides, commercial games and musical concerts, routine and customary accessory activities on the property of a Township-recognized fire company, such as small games of chance and fund-raising breakfasts and temporary foodstands to serve attendees at such events.

FAMILY

One person living alone in a single dwelling unit, or more than one person living together and functioning as a common household in a single dwelling unit. A family shall not include more than four persons who are not related to each other by blood, foster relationship, marriage or adoption. A family may also include up to five persons living in a dwelling (including any staff present during any one shift) in a group home but shall not include a criminal treatment center. For a use involving greater numbers of unrelated persons, see "boardinghouse" or "institutional group home."

FEEDING AREAS

All areas which encompass and surround the indoor area. These areas do not include pastures if the pastures are rotated, are fenced in at least 15 feet from all residential property lines and the use does not meet the definition of livestock raising.

FENCE

A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal or aluminum and/or plastic inserts. Man-made barriers constructed principally of brick, concrete, cinder block or similar materials shall be considered walls. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include barriers of trees or shrubs. Fences shall not contain materials such as barbed wire or have potentially dangerous features such as spikes.

FILL

Any act by which natural materials are 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, as well as the conditions resulting therefrom.

FINANCIAL INSTITUTION

An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public and that may include automatic teller machines (ATM).

FISH FARMING

See "agricultural operation."

FLEA MARKET

Businesses with short-term or daily rental of stalls, booths or selling spaces to individual persons for selling used and new consumer merchandise, antiques, art and craft items and collectibles at retail. Resale of merchandise is allowable, but not as a branch or outlet of a business with another location elsewhere outside the flea market. Such uses as junk sales, used car sales, thrift shops, and consignment shops are excluded from this definition.

FLOODPLAIN RELATED TERMS

(1)

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this and other ordinances, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.

(2)

BASE FLOOD ELEVATION

The one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain or other similarly documented areas, the one-hundred-year-flood elevation shall be established nearest to the construction site in question.

(3)

FEMA and FIA

The Federal Emergency Management Agency and the Federal Insurance Administration, who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.

(4)

FLOOD

A temporary condition of partial or complete inundation of normally dry land areas.

(5)

FLOOD INSURANCE RATE MAP

The official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this Part 1, it also delineates floodplain areas.

(6)

FLOOD INSURANCE STUDY

The examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this Part 1 and other ordinances.

(7)

FLOODPLAIN

That area defined in Chapter 143, Zoning, as the Floodplain Conservation District; the floodplain definition contained therein is made a part of this Part 1 by reference.

(8)

FLOODPLAIN MANAGEMENT

The application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.

(9)

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improve real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Ploodproofing Regulations, published by the Office of the Chief Engineers, United States Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2), classes referenced in these regulations. In said publication where reference is made to below or above the BFD (base flood datum), it shall be interpreted as meaning below or above the base flood elevation.

(10)

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year.

(11)

REGULATORY FLOOD ELEVATION

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

(12)

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(a)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(b)

Any alteration of a structure listed on a National Register of Historic Places or a State Inventory of Historic Places.

FOOTPRINT

The perimeter of a building or structure.

FORESTRY, COMMERCIAL

See "commercial forestry."

FRATERNITY OR SORORITY HOUSE

A type of boardinghouse, regulated as such, which is occupied by organized groups of higher education students, and which is officially recognized as a fraternity or sorority by such institution.

FRONTAGE

The length of the lot line abutting a street ultimate right-of-way.

GARAGE "YARD" SALE

The accessory use of any lot for the occasional sale only of common household goods and furniture and items of a closely similar character. See Yard Sale Permit Ordinance.

GOLF COURSE

An outdoor area used for the game of golf, with a minimum of nine holes each requiring a player to hit a ball at least 100 feet. This use may also include a clubhouse (which may include a restaurant, banquet facilities or snack bar), swimming pools, tennis courts, golf equipment sales maintenance structures and similar facilities as accessory uses.

GRADE

The slope of a street, parcel of land, utility lines, drainageways, etc., specified in percent (%) and shown on plans as required herein.

GROSS ACREAGE

The total acreage of a property, tract, lot or parcel proposed for subdivision or land development, including lands within existing street rights-of-way, floodplains and steep slopes.

GROUND COVER

Low-growing plant materials planted in a manner to provide continuous plant cover of the ground surface; lawn, ivy and other low plant materials are included. Nonplant ground cover may also include bark or wood chips, gravel and stone, provided that they are maintained as a continuous pervious cover.

GROUP HOME

A use that meets all of the following criteria:

(1)

Involves the care of between two and 20 persons who are not related to each other by blood, marriage, adoption or formal foster relationship;

(2)

Involves the care of persons who need nonroutine support services and oversight in order to reasonably function, because of physical illness or infirmity, old age, physical disability, mental illness, mental retardation or emotional disability, but that is not a criminal treatment center;

(3)

Involves persons residing in a family-like residential environment; and

(4)

Operates under an applicable license or certification from an appropriate state or county agency.

HAZARDOUS WASTE

Those wastes where significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated, or disposed of in a manner customarily accepted for ordinary solid wastes. This also includes wastes subject to special state or federal licensing or regulation, including but not limited through the Pennsylvania Solid Waste Management Act.

HEIGHT OF BUILDING

The vertical distance measured from the average elevation of the existing grade at the location of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, tanks and similar building architectural projections of the building not intended for human occupancy shall not be included in calculating the height If there are two or more separate roofs on a single building, the height of such shall be calculated from the highest roof.

HELIPORT

An airport that is limited to use by helicopters. This Ordinance is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pickup seriously injured or ill persons.

(1)

PUBLIC HELIPORT

A heliport that does not meet the definition of a "private heliport."

(2)

PRIVATE HELIPORT

A heliport limited to a maximum total of 10 flights or takeoffs in any seven-day period and that is not available for use by the general public.

HISTORIC SITE

Any area, building or natural feature which has been designated by statute, ordinance or departmental or executive declaration of any governmental body as possessing historic significance.

HITCH

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

HOMEOWNERS ASSOCIATION (HOA)

A community association combining individual home ownership with shared use or ownership of common property and facilities. The homeowner owns the lot, including the interior and exterior of the individual home, while the association owns and maintains the common facilities.

[Added 11-8-1993 by Ord. No. 390]

HOSPICE

A facility that provides support services for terminally ill persons, but that does not primarily involve highly skilled medical care. Such use may occur within a hospital, personal care center or group home. However, if the use involves care of persons with illnesses that can be contagious through the air or casual conduct, the use shall be limited to within a hospital or nursing home.

HOSPITAL

A use that involves the diagnosis, treatment or other medical care of humans that includes care requiring stays overnight and that may also include outpatient care. A medical care use that does not involve stays overnight shall be considered a "medical office or clinic." A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not include housing of the criminally insane nor primarily involve housing or treatment of persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health-care professions.

IMPROVEMENT

The physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities and drainage facilities.

INDUSTRIAL DISTRICTS

Includes the IND, LI and IP Zoning Districts.

INDUSTRIAL USE

Includes manufacturing, distribution, warehousing and other operations of an industrial and not primarily of a commercial, institutional or residential nature.

INSTITUTIONAL DISTRICT

Includes the INO Zoning District.

INSTITUTIONAL USE

An organization having an educational, social or religious purpose such as a hospital, nursing home, life care center, retirement Village, assisted living care, church, reformatory, school, college and university.

JUNK

Any discarded, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicles, aircraft, glass, industrial waste, machinery, equipment, containers, structures and other used building materials. Junk shall not include organic solid waste, grass clippings, leaves, tree limbs or household items intended to be recycled. Outdoor storage and outdoor processing of junk shall only be permitted within an approved junkyard or solid waste disposal area. Junk shall not include solid waste customarily stored in a completely enclosed and sanitary container that is routinely awaiting collection.

JUNK VEHICLE

A motor vehicle that meets any of the following conditions:

(1)

Does not display a license plate with a current state registration sticker, except for new or used vehicles located on commercial sales or trailer lots;

(2)

Does not have a valid state safety inspection sticker where that would be required for it to travel on a public street, except for new or used vehicles on commercial vehicle sales or trailer lots;

(3)

Cannot be immediately moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing minor repairs;

(4)

Cannot be immediately towed, in regards to a vehicle designed to be towed;

(5)

Has been demolished beyond repair;

(6)

Has been separated from its axles, engine, body or chassis; includes only the axle, engine or body parts and/or chassis, separated from the remainder of the vehicle.

KEEPING OF PETS

Domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, racing pigeons, gerbils, rabbits and other nonpoisonous animals commonly sold in retail pet shops.

KENNEL

The keeping of more than four dogs or more than six cats that are older than six months in any residential use or district or on any nonresidential lot or breeding of any number of animals for compensation or commercial uses. A nonprofit animal shelter is a type of kennel.

LAND DEVELOPMENT

[Amended 8-10-1992 by Ord. No. 384]

(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.

(b)

The division or allocation of land or space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, buildings or building groups or other features.

(c)

The construction or erection of a communications tower, communications antennas or communications equipment building.

[Added 2-15-2001 by Ord. No. 453]

(2)

A subdivision of land. Land development as defined herein shall not include the addition of an accessory building subordinate to an existing principal building on a lot or lots.

LANDOWNER

The legal or beneficial owner or owners of land or a building thereon or a portion of either, including the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a lessee if he is authorized under the lease to exercise the rights of the landowner; or other person having proprietary interest in land.

LOT

A parcel of land which is occupied or is to be occupied by one principal building or other structure or use, together with any accessory building or structures or uses customarily incidental to such principal building or other structure or use, and any such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use.

LOT AREA

The total horizontal area of the lot lying within the lot lines, provided that, for the area of any lot abutting a road, the area shall be measured to the ultimate right-of-way line. Lot area shall exclude any public right-of-way but shall include the area within any easement. Lots shall be measured in square feet in lots up to three acres in size, and, for lots over three acres, it shall be measured in acres.

LOT, FLAG

An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior lot or parcel.

LOT, INTERIOR

A lot other than a corner lot, also known as a "flag lot."

LOT LINE

(1)

Any property boundary line of a lot, further defined as follows:

(a)

FRONT LOT LINE

The line identical with the ultimate right-of-way line. Also known as "street line."

(b)

REAR LOT LINE

The line or lines most nearly parallel or concentric to the front lot line.

(c)

SIDE LOT LINES

The lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable, as described in the Township Comprehensive Plan. The remaining line shall be considered the rear lot line.

(2)

A lot which fronts on more than one street shall have a front lot line on each street frontage.

LOT, REVERSE FRONTAGE

Lot abuts two approximately parallel streets, but only has access onto one street, usually the less heavily traveled street.

LOT, THROUGH

A lot that abuts two approximately parallel streets.

LOT WIDTH

The horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured parallel or concentric to the ultimate right-of-way line of the higher classification of street, where applicable.

LUMBER YARD/BUILDING SUPPLY

Building materials, supplies and accessories, wholesale/retail sales (e.g., Home Depot, Lowes retail stores, etc.).

MAINTENANCE GUARANTY

Any security which may be required of a developer of the Township after the final acceptance by the Township of improvements installed by the developer. Such security may include, but is not limited to, maintenance bonds, surety agreements or other collateral in accordance with the laws of the Commonwealth of Pennsylvania.

MANUFACTURE

The making, with substantial use of machinery, of some product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, recycling, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility or truck terminal.

MASONRY MAILBOX STRUCTURE

Any brick, stone or block fabrication having the singular purpose of supporting a rural mailbox that conforms to U.S. Postal Service standards.

MEDICAL OFFICE OR CLINIC

A use involving the treatment and examination of patients by state-licensed physicians or dentists, provided that no patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MINERAL EXTRACTION

The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. Mineral extraction includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.

MOBILE HOME

A single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards set by the United States Department of Housing and Urban Development; 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 assembly operations; and constructed so that it may be used with or without a permanent foundation, including any roofed addition, such as extra rooms, covered patios, porches, etc.

MOBILE HOME PARK

A subdivision or land development which is planned and constructed in compliance with the requirements of the Mobile Home Regulations, Article VI, of this Part 1, consisting of two or more mobile home lots.

MOBILE HOME STAND

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

MODULAR HOME

Any structure designed as a single-family or multifamily dwelling, except a mobile home, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction. The construction materials and specifications must conform to those of conventionally built homes.

MOST ENVIRONMENTALLY SOUND ALTERNATIVE

The alternative to the proposed use or project that has the least impact on the natural environment and communities within the Township of the range of alternatives examined and proposed to the proposed use or project.

MOTEL

See "hotel."

MUNICIPALITIES PLANNING CODE or PA MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.

NEIGHBORHOOD

Under the Open Space Residential Overlay District, a development consisting of a limited number of single-family detached dwellings surrounded by open space, as regulated by this Part 1.

[Added 11-8-1993 by Ord. No. 390]

NEW CONSTRUCTION

Structures for which the start of construction as herein defined commenced on or after the effective date of this Part 1. This term does not apply to any work on a structure existing before the effective date of this Part 1.

NONCONFORMING LOT

Any lawful lot which does not conform to one or more of the applicable dimensional regulations of the zoning district in which it is located either on the effective date of this Part 1 or as a result of a subsequent amendment thereto.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable lot area, dimensional and other provisions in this ordinance, as amended, where such structure lawfully existed prior to the enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this ordinance or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this ordinance or amendment.

NURSING HOME

A facility licensed by the state for the housing and intermediate or fully skilled nursing care of four or more persons.

OFFICE

A use that involves administrative, clerical, real estate, financial, governmental or professional operations and operations of a similar character. This use shall not include retail nor industrial uses, medical or dental offices, clinics or laboratories, photographic studios and/or television or radio broadcasting studios.

OFFICIAL HIGHWAY MAP

A map depicting the routes of vehicular travel within the Township, which is part of the Township of Lower Providence Comprehensive Plan, which depiction of such routes only is hereby incorporated by reference in this Part 1 and shall be as much a part of this Part 1 as if fully described herein; provided, however, that said depiction may be amended from time to time. The depiction of said routes is available for inspection by the public at the Lower Providence Township Building.

OPEN SPACE

Under the Open Space Residential Overlay District, that portion of a tract that is set aside for the use and enjoyment of residents and the protection of sensitive natural features, farmland, scenic views, and other unique features. Open space may be accessible to the residents of the development and/or the Township, or it may contain areas of farmland which are not accessible to the public.

[Amended 11-8-1993 by Ord. No. 390]

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle, with minimum dimensions as specified in § 123-37, exclusive of passageways, driveways or other means of circulation or access. A garage or garage area shall not meet the requirement of a parking space, except where provided in Chapter 143, Zoning. A parking space shall have adequate base stone and shall be paved with concrete, asphalt or other material of like qualities.

PERFORMANCE GUARANTIES

Any security which may be required of a developer by the Township in lieu of a requirement that certain improvements be made before the Township approves the developer's subdivision plan or land development plan. Such security may include, but is not limited to, performance bonds, escrow agreements, surety agreements, irrevocable letter of credit or other types of security approved by the Township and consistent with Act 247.

PERMIT

A document issued by the proper Township authority authorizing the applicant to undertake certain activities.

PERMITTED BY RIGHT USE

Uses that do not have to be approved as uses by the Zoning Hearing Board or the Board of Supervisors. (A site plan review by the Planning Commission and the Board of Supervisors is required for certain permitted by right uses to ensure that the use would comply with all Township ordinances.) A nonconforming use shall not be considered to be a permitted use.

PLACES OF WORSHIP

Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. This use shall be regulated as an institutional use and shall be considered an accessory use to any agricultural, residential, commercial or industrial use.

PLAN

A graphic representation of a proposal for subdivision and/or land development, including necessary written notes. Plans are further defined as follows:

(1)

PLAN, FINAL

A plan consisting of two parts, a record plan and an improvement construction plan, as described below:

(a)

RECORD PLAN

A plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under § 123-20; a required part of the final plan.

(b)

IMPROVEMENT CONSTRUCTION PLAN

A plan prepared by a registered engineer, showing the construction details described in § 123-20B of this Part 1, including the details for streets, drains, sewers, bridges, culverts and other improvements; a required part of the final plan when the application includes any of the improvements described in § 123-20B.

(2)

PLAN, MINOR LAND DEVELOPMENT

A plan showing the provision for development of a tract that meets the criteria of § 123-8C(1) of this Part 1 for consideration as a minor land development.

(3)

PLAN, MINOR SUBDIVISION

A plan for the division of a single tract of land, with lot lines prepared by a registered surveyor. A plan meeting the criteria of § 123-8B(1) or this Part 1 for consideration as a minor subdivision.

(4)

PLAN, PRELIMINARY

A plan for the division of a single tract or showing the provision for development of a tract, including the proposed street and lot layout, easements and all the other information required in § 123-18 of this Part 1. A preliminary plan shall be submitted for any proposed subdivision or land development in Lower Providence that does not qualify for submission as a minor subdivision or minor land development.

(5)

PLAN, RECORD

A plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under § 123-20 of this Part 1.

(6)

PLAN, TENTATIVE SKETCH

A draft showing proposed streets, lots, buildings and topography that is used by the applicant to obtain advice and guidance from the Township prior to the preparation of preliminary plans.

PLANNING COMMISSION

The Planning Commission for the Township of Lower Providence.

PLANTING AREA

Any area designated for landscaping purposes.

PLANT NURSERY or LANDSCAPING BUSINESS

The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale and storage of landscaping equipment, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm. A plant nursery or landscaping business with more than three employees shall be regulated as a commercial retail store business.

PORTABLE SWIMMING POOL

A swimming pool of less than 24 inches in height. Portable swimming pools are not regulated by this ordinance. Other swimming pools are subject to the regulations of this ordinance and the Township Building Code.

PRIMARILY

The types of uses, structures, or buildings which are specifically permitted and allowed on a property.

PRINCIPAL USE

The dominant use(s) or single main use on a lot, as opposed to an accessory use.

PRINTING

Shall include printing, publishing, lithographing, photocopying, bookbinding and similar uses.

PRISON

A correctional institution within which persons are required to inhabit by criminal court actions or as the result of a criminal conviction.

PROPERTY LINE

Has the same meaning as "lot line."

PUBLIC NOTICE

A 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 be not more than 30 days nor less than 14 days from the date of the hearing.

RACETRACK

A use primarily involving driving of any type of motor vehicle other than driving on a public street, and involving speeds routinely exceeding 40 miles per hour, that involves some element of timekeeping or other competition.

REAR LOT

Also known as an "interior or flag lot." A lot which conforms in all respects to the dimensional requirements of the district in which it is located, except that road frontage and access is limited to an access strip which has limited frontage along the abutting street.

RECREATION, PRIVATE OR COMMERCIAL

Leisure-time activities that are only open to members, guests or some specific groups and/or that are principally operated for commercial purposes.

RECREATIONAL VEHICLE

A vehicle which is designed primarily to transport a person for primarily recreational instead of transportation purposes or a vehicle that serves as a mobile, temporary dwelling. This may include a vehicle that is self-propelled, towed or carried by another vehicle, but shall not include camper cabs that fit over pickup trucks. This term shall also include the following: watercraft with a hull longer than 12 feet, motor homes, travel trailers, all-terrain vehicles and snowmobiles.

RECREATIONAL VEHICLE STORAGE AREA

An outdoor area used for the storage of two or more recreational vehicles. Retail sales or major repair work shall only be allowed if those uses are permitted in that district.

RECYCLING COLLECTION CENTER

A use for collection and temporary storage of more than 500 pounds of common household materials for recycling but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all districts without additional regulations.

RELATED or RELATIVE

Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of "dwelling unit."

REPAIR SERVICE

Shops for the repair of appliances, watches, guns, bicycles and other household items.

RESERVE STRIP

A parcel of land separating a road from adjacent properties.

RESIDENTIAL USE

An existing or proposed dwelling or dwelling unit on a lot.

RESIDENTIAL ACCESSORY BUILDING OR STRUCTURE USE

A use or structure that is clearly accessory, customary and incidental to a dwelling on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, volleyball court, gazebo, storage shed, greenhouse, children's playhouse or children's play equipment over 100 square feet or a permitted apartment for care of relative. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.

RESIDENTIAL DISTRICT

Includes the R-1, R-2, R-3, R-4, R-5, OSR, PFO, and MHP Zoning Districts.

RESIDENTIAL LOT LINES

The lot line of a lot containing an existing dwelling or the lot line of undeveloped land zoned as a residential district.

RETAIL STORE

A use in which merchandise is sold or rented to the general public but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or restaurant.

RETIREMENT VILLAGE

A residential development limited exclusively to persons aged 55 years and older and their spouses.

REVERSE FRONTAGE LOTTING

Lotting which extends between two streets of differing classifications, with vehicular access provided from the lesser street, in order to promote traffic flow and safety on a higher classification street.

RIGHT-OF-WAY

A strip of land over which are provided access rights for various purposes, including vehicular travel, storm drainage and utility lines. Rights-of-way are further defined as follows:

(1)

LEGAL RIGHT-OF-WAY

The street right-of-way legally in the public domain at the time a plan is submitted.

(2)

ULTIMATE RIGHT-OF-WAY

The street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes based on classifications in this Part 1.

RIPARIAN BUFFER AREAS

Land immediately adjoining and upgradient from any type of natural watercourse, wetland, fen, river or stream that is vegetated with a combination of trees, shrubs and other herbaceous plants. Riparian buffer areas can include floodplain and wetland areas.

RUNOFF

That portion of the precipitation on a drainage area that is discharged from the area. Types include surface runoff, surface groundwater runoff and seepage.

SCREENING

A year-round vegetative material of substantial height and density designed to buffer some use from adjacent properties or uses.

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."

SELF-STORAGE DEVELOPMENT

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property. This use may also include a recreational vehicle storage use.

SEWERAGE FACILITIES, CENTRAL

A sewage disposal system designed, built and operated in compliance with all state and local regulations, approved by the Pennsylvania Department of Environmental Protection and applicable sewer authority and providing service to multiple customers. Public sewer systems are included in this definition.

SHED, HOUSEHOLD STORAGE

A structure or building which is less than 250 square feet and is used only for the storage of lawn equipment and personal items accessory to a residential use. Any other type of use other than storage shall not be allowed within the shed.

SHOPPING CENTER

A use combining three or more satellite uses, retail, personal services, offices and restaurants.

SIGHT DISTANCE

The minimum distance required for a vehicle traveling at a given speed to stop before reaching an object in its path. Stopping sight distance is measured from a driver's eyes, which are assumed to be 3.5 feet above the pavement, to an object six inches high on the road.

SIGHT TRIANGLE

The area of a triangle, whose legs are the sides of the cartway and an accessway which intersects with it, each being not less than 10 feet long from the point of intersection and whose hypotenuse connects the two legs.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more person, partnership or corporation, which ownership is separate and distinct from that of any abutting or adjoining lot.

SKIRTS

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

SLASH

In regards to commercial timber (tree) harvesting, "slash" shall mean all debris resulting from timber harvesting operations, including stems, limbs, tops, stumps and parts thereof of a tree.

SLAUGHTERHOUSE

A use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse. This shall not include a custom "butcher shop" that does not involve killing of animals (which is a retail sales use). This use shall be considered an industrial use.

SLOPE

The face of an embankment of 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 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 physical 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, which is available through the Extension Service, Agricultural Agent, the Pennsylvania State University.

SOLAR ENERGY

Radiant energy received from the sun at wavelengths suitable for conversion into thermal, chemical or electrical energy.

SOLID WASTE

(1)

Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household, commercial or mining activities.

(2)

For the purposes of this ordinance, the following materials shall not be considered to be solid waste: 1) portions of trees or shrubs, leaves, mulch and rocks; 2) substances legally disposed of into the air or water through a federal or state pollution discharge permit; 3) customary residual wastes from a permitted mineral extraction use; or 4) materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream for recycling.

SOLID WASTE DISPOSAL FACILITY

(1)

Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill, solid waste transfer facility or solid waste-to-energy facility.

(2)

The following uses for the purposes of this ordinance shall not be considered to be a solid waste disposal facility: junkyard, recycling collection center, leaf composting, clean fill or septage or sludge application.

SOLID WASTE-TO-ENERGY FACILITY

A type of solid waste disposal facility that utilizes waste (such as trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs.

SOLID WASTE TRANSFER FACILITY

A type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.

STABLE, NONHOUSEHOLD

Any housing of more than three horses. This may include a commercial or private riding club. The housing of up to two horses shall be considered an accessory use under the "keeping of pets."

START OF CONSTRUCTION

The first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction work does not include land preservation, such as clearing, grading and fillings; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure other than a mobile home without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes subdivision, start of construction is the date on which the construction of facilities for serving the site on which the mobile home is to be affixed, including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities, is completed.

STATE

The Commonwealth of Pennsylvania and its agencies.

[Amended 4-7-2005 by Ord. No. 524]

STEEP SLOPE

A grade of 15% or greater as determined by the soil survey or accurate contour mapping.

STORY (and half-story)

A floor level of a building having an average vertical distance of not less than six feet between the surface of any floor and the ceiling next above it shall be considered a full story. Any such portion of a building having a maximum vertical distance of less than six feet shall be considered a half-story, except as provided in the definition of "basement."

STREET LINE

A line identical with the front lot line and ultimate right-of-way line.

STREET or ROAD

A public or private right-of-way serving primarily as a means of vehicular and pedestrian travel, furnishing access to abutting properties and which may also be used for utilities, shade trees and stormwater control. Streets are further defined as follows:

(1)

PRIMARY ARTERIAL

A major highway carrying high volumes of through traffic along which access to adjacent properties is restricted or denied. Primary arterials are further categorized as limited access highways, e.g., Pottstown Expressway, and semicontrolled access highways as defined in § 123-29B of this Part 1.

(2)

SECONDARY ARTERIAL

A street or highway which collects, carries and distributes medium volumes of traffic. Secondary arterials are further categorized into collectors and feeders as defined below and in § 123-29C of this Part 1:

(a)

COLLECTOR

Serves to connect primary arterials with lesser classified streets and distribute traffic throughout the Township and adjacent areas.

(b)

FEEDER

Serves to connect collectors and/or higher classified streets with residential streets and distribute traffic within limited areas, sections or neighborhoods within the Township.

(3)

RESIDENTIAL STREET

A street carrying low volumes of traffic used to provide access to residential properties and connect with other residential streets and streets of a higher classification.

(4)

CUL-DE-SAC STREET

A street with one end open for vehicular access and the other end terminating in a vehicular turnaround.

(5)

MARGINAL ACCESS STREET

A street parallel and adjacent to an arterial street which provides access to abutting properties as further defined in § 123-29F of this Part 1.

(6)

PERFORMANCE STREETS

Any of the four types of residential streets which form a hierarchy of residential streets that is based upon anticipated traffic volumes. Performance streets can only be used for larger residential developments when they are approved by Board of Supervisors in conformance with § 123-29G of this Part 1. The four types of performance streets in this hierarchy are residential access streets, residential subcollector streets, residential collector streets and marginal access streets as defined in § 123-29G of this Part 1.

STRUCTURE

Any man-made object, constructed or erected, having an ascertainable stationary location on or in land or water, whether or not affixed to the land, ground improvements excepted.

SUBDIVISION

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 the existing lot lines, for the purpose, whether immediate or future, of lease, 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 roads or easements of access or residential dwellings, shall be exempt.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Township Engineer at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SUPERMARKET

A large, self-service retail store use as a market where food is the primary item which is sold.

SUPERVISORS

The duly elected governing body of Lower Providence Township, also known as the "Board of Supervisors."

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

SWIMMING POOL, PRIVATE

A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.

SWIMMING POOL, PUBLIC

A man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the general public.

SWIMMING POOL, SEMIPUBLIC

A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a private or a public swimming pool. This includes a pool that serves only residents of a development or members of a club, and their occasional guests.

TARGET RANGE

An area used for firearm and/or archery shooting practice or competitions.

TAVERN

A place where alcoholic beverages are served as at least 50% of the total income. The sale of food may also occur. See also the definition of restaurants."

TEMPORARY USE OR STRUCTURE

A use or structure which is not to be used for more than 30 days.

THEATER

A building or part of a building devoted to the showing of moving pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

TIRE STORAGE, BULK

The storage of more than five tires on a lot, except for manufacture or wholesale or retail sales of new tires. All retail or wholesale bulk tire storage sales must be completely conducted indoors to be considered not bulk tire storage.

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."

TOT LOT

A confined, developed, neighborhood play area primarily for use by preschool children.

TOWNSHIP

The Township of Lower Providence.

TRACT

A parcel of land capable of being subdivided into two or more lots. Following subdivision, the term may still be applied to residential developments, shopping centers or office or industrial parks which contain a number of smaller lots, but which share common property management and/or private services.

[Added 8-10-1992 by Ord. No. 384]

TRACT BOUNDARY LINE

Any property line of a tract of land. The term does not apply to the existing or proposed lot lines of individual lots within the tract. If the tract is not proposed for subdivision into two or more lots, the tract boundary line is identical to and functions as a lot line.

[Added 8-10-1992 by Ord. No. 384]

TRADESPERSON

A person involved with building trades, such as but not limited to: plumbing, electrical work, building construction, building remodeling, woodworking and roofing.

TRADE/HOBBY SCHOOL or TRADE SCHOOL

A facility that: a) is primarily intended for education of a work-related skill or craft or a hobby; and b) does not primarily provide state-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school or ceramics school.

TRUCK STOP

A commercial use that primarily involves providing fuel and other services to tractor-trailer trucks. This use may also involve providing repair services, sale of gifts and various household items, a restaurant, showers and a motel.

TRUCK TERMINAL

A use involving either a single or a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from and reloaded onto tractor-trailer trucks. This definition shall include large warehouse uses with over 50 truck docks.

(1)

A use that primarily involves loading materials from tractor-trailers onto smaller trucks or smaller trucks onto tractor-trailers shall be considered a distribution use.

(2)

A truck terminal may include the following as clearly accessory uses if they are closely related to the principal use: repair, washing, refueling and maintenance facilities for trucks using the terminal, administrative uses for the terminal and rest facilities for drivers of trucks using the terminal.

(3)

Storage or parking of two or more empty trailers on a single lot that are not associated with any type of specific warehouse or distribution structure on that lot shall also be defined as operating a trucking terminal.

ULTIMATE RIGHT-OF-WAY LINE

The line parallel to the center line of any public or existing private road which defines the boundary of the ultimate right-of-way.

UNREGISTERED VEHICLE

Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker. This term shall not apply to vehicles (such as licensed antique cars) for which state regulations do not require an inspection sticker. The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.

USE

The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: recreational vehicle storage or parking of commercial vehicles on a lot. As used in this Ordinance, "use" includes "building" or "structure."

VEHICULAR USE AREA

Any paved ground surface, except a road, used by any type of vehicle, whether moving or at rest.

VETERINARIAN OFFICE

A building routinely used for the treatment of animals and related accessory housing or boarding of sick animals. Treatment of "large animals" includes all types of animals including horses, cows and pigs. Housing of primarily healthy animals shall be considered a "kennel" and shall meet the requirements of that use. See "animal hospital."

VIBRATION

Vibration is an oscillatory motion of solid bodies described by displacement, velocity or acceleration with reference to a given point reference point.

VISUAL SCREEN

A barrier whose purpose is to obscure a view; generally comprised of plant materials suitable for the purpose.

WALL

See "fence."

WAREHOUSE

A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials involving either a single or a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from and reloaded onto tractor-trailer trucks. Office space (flex space) associated with each warehouse building or a retail use space of less than 5% of the total warehouse space may be included within each warehouse. All warehouse uses containing over 50 truck docks shall be regulated as a truck terminal.

WATERCOURSE

Any natural or artificial swale, stream, channel, drain or culvert in which waters flow continuously or intermittently.

WETLANDS

An area of land and/or water meeting one or more definitions of a wetland under federal and/or Pennsylvania law and/or regulations.

NOTE:

The following was the official federal definition of wetlands: "Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." Wetlands are technically defined on the basis of types of vegetation and soils and the level of the water table below the surface. The regulations are enforced by the U. S. Army Corps of Engineers, the U. S. Fish and Wildlife Service and the Pennsylvania Department of Environmental Protection.

WHOLESALE

Sales that primarily involve transactions with other businesses and their agents and not to the general public.

WILDLIFE SANCTUARY

A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

YARD

An open, generally occupied area of a lot which must remain free of buildings but which may contain a lawn or planted areas, parking and/or driveways, walks, walls, fences and similar appurtenances.

ZONING MAP

The Official Zoning Map of Lower Providence Township, Pennsylvania.

ZONING OFFICER or DIRECTOR OF ZONING

The administrative officer charged with the duty of enforcing the provisions of the Zoning Ordinance, or his or her officially designated assistant(s). This position may also include the duties of a building code official, if certified by the State of Pennsylvania under the Pennsylvania Uniform Construction Act, Act 45 as amended.

ZONING ORDINANCE

The Lower Providence Township Zoning Ordinance, as amended.