§ 143-6. Definitions., Article I. Title; Effective Date; Purpose; Definitions, Chapter 143. Zoning, 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.

ACRE

Forty three thousand five hundred sixty 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The Pennsylvania Municipalities Planning Code, originally enacted as Act 247 of 1968, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania.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.

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.

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 the mobile home to its mobile home stand in order to prevent upset or damage due to wind, erosion or natural forces.

ANSI

The American National Standards Institute or its successor bodies.

APCA

Air Pollution Control Act.

APPLICANT

Any person who has filed an application for approval of subdivision or land development plans, including his/her heirs, successors, agents and assigns. This term also includes the landowner, developer, builder and/or other persons responsible for the plans and construction of buildings and/or other improvements on any parcel of land.

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.

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.

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."

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.

BUFFER AREA

A strip of land which is planted and maintained in shrubs, bushes, trees, grass or other ground cover material and within which no structure or building is permitted except a wall or fence which meets Township requirements.

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 INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM

A BIPV system forms part of the structure to which it is affixed. Typically integrated into a roofing system (e.g., solar shingles), BIPV systems can provide architectural interest and/or an unobtrusive solar energy system installation.

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.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is situated.

CARTWAY

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

CENTER LINE OF STREET

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

CERTIFIED HISTORIC STRUCTURE

A building or structure which is either:

(1)

Listed in the National Register of Historic Places;

(2)

Located within a registered historic district and certified by the Secretary of the United States Department of the Interior as being of historic significance to the district;

(3)

Listed in "A Bicentennial History of Lower Providence Township, 1976;" or

(4)

Listed in the most recently completed and accepted historic inventory conducted by Montgomery County.

CHAIRPERSON

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

CLEAN WOOD

Natural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with preservatives or chemicals, including, but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.

CLEAR-CUTTING

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

COMMERCIAL

Intended to be for profit.

COMMERCIAL DISTRICT

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

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 improvement 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.

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 ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

COMMUNICATIONS EQUIPMENT 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.

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.

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.

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.

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

Montgomery County, Pennsylvania.

COUNTY PLANNING COMMISSION

The Montgomery County Planning Commission.

CUL-DE-SAC

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

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.

DAYTIME HOURS

7:00 a.m. to 8:00 p.m., local time.

dB(A)

The abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data.

DECIBEL (db)

A unit of measure, on a logarithmic scale, or the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this chapter, 20 micropascals shall be the standard reference pressure.

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.

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.

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.

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.

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.

DWELLING

A building or part of a building constructed for or intended for occupancy as a permanent residence, containing one or more dwelling units. Travel trailers shall not be considered buildings or dwellings. Housing facilities for rental to transient guests or which are part of a medical, instructional, or religious institution, such as hotels and motels, rooming houses, tourist homes, institutional homes, group homes, hospitals, residential clubs, dormitories, automobile courts, tourist homes, and training centers, are not considered "dwellings."

DWELLING UNIT

That part of a dwelling design for use by one family only and containing one or more rooms and facilities for living, including cooking, sleeping, storage of possessions and sanitary needs. Units designed for transient occupancy, such as hotels, motels and tourist homes, or for sleeping and sanitary needs only, such as club, rooming house, fraternity or institutional home, are not considered as dwelling units for purposes of this chapter.

EARTHMOVING AND/OR GRADING

For the purposes of this chapter, "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.

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

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.

EPA

United States Environmental Protection Agency.

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.

FACADE

A building elevation that faces a public right-of-way, private street, or an internal access driveway that functions as a street.

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.

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 Floodproofing 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.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls, or from the center line of a wall separating two buildings, but not including interior vehicular parking or loading or any space where the floor-to-ceiling height is less than six feet.

FLOOR AREA, NET

The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking and loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. The area excluded as unusable may not exceed 15%.

FLOOR AREA RATIO

A ratio derived by dividing the total (gross) floor area of all buildings on a lot by the net buildable area of the lot.

FOOTPRINT

The perimeter of a building or structure.

FRONTAGE

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

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.

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.

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 power source for the purpose of transporting the unit.

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.

IMPERVIOUS COVERAGE

That percentage of the total lot area which is covered by impervious surfaces, including buildings as well as all paved areas.

IMPERVIOUS SURFACES

Those surfaces which do not absorb water. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. Porous paving materials used in parking lots, driveways or other applications may be excluded from this definition following review and approval by the Board of Supervisors.

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.

INSTITUTIONAL DISTRICT

Includes the INO Zoning District.

INTERIOR LOT

(1)

A lot:

(a)

With insufficient frontage on a public street;

(b)

Located where one or more lots sit between the public street and the portion of such lot which would meet the front yard, the side yard and the area requirements of this chapter; and

(c)

Which cannot by reason of bona fide separate ownership of adjacent lots be made to conform to the required width at the street line.

(2)

The term "interior lot" as used in this chapter is also referred to as a "rear lot."

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.

LAND DEVELOPMENT

(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.

(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.

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 is occupied or is to be occupied by one principal building or other structure or use, together with any necessary buildings or other structures or uses, customarily incidental to such principal building or other structure or use, and such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such as open spaces, and the area and dimensions of such lot being not less than the minimum required by this chapter. The term "lot" as used in this chapter is used for purposes of describing zoning requirements and, as such, is not limited to being a tax lot or deeded lot. The term "lot" or "building lot" means the same when used in describing regulations based upon buildings.

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.

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.

(3)

A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as 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 line, even though such may be the property boundary line.

LOT, REVERSE FRONTAGE

The 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.

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.

MANUFACTURED HOME

A manufactured home constructed in accordance with the provisions of Federal Manufactured Housing Construction and Safety Standards of 1976, as amended. A manufactured home does not represent a mobile home since it is not designed to be towed or transported and is intended for installation on a permanent foundation.

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.

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.

MIXED USE BUILDING

A building containing multiple types of nonresidential and/or residential uses.

MOBILE HOME

A transportable, 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 occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. A "mobile home" may include any roofed addition, such as extra rooms, covered patios, porches, etc. The following shall apply to all mobile home dwellings:

(1)

No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.

(2)

The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.

(3)

Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.

MOBILE HOME LOT

A parcel of land in a mobile home park provided 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 PARK

A parcel of land under single ownership which is planned and constructed for the placement of more than one mobile home in compliance with the applicable requirements set forth elsewhere in this chapter concerning such a development.

MOBILE HOME SEWER CONNECTION

All pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of corresponding sewer riser pipe.

MOBILE HOME SEWER RISER PIPE

That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home space.

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 which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for erection, installation, and/or assembly 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 completed unit shall be erected/placed upon a permanent foundation and shall meet the applicable Township Building Codes. A "modular home" is different from a mobile home, in that it is not designed to be towed or transported and is intended for installation on a permanent foundation.

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.

MOTOR HOME

A travel trailer which combines the living section and the power source into a single unit.

MUNICIPALITIES PLANNING CODE or PA MUNICIPALITIES PLANNING CODE (MPC)

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

NEW CONSTRUCTION

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

NIGHTTIME HOURS

8:00 p.m. of one day through 7:00 a.m. of the next day.

NOISE

The intensity, frequency, duration and character of sound, including sound and vibration of sub-audible frequencies.

NOISE POLLUTION

The presence of noise of sufficient loudness and character, from a single source or from multiple sources, which is, or may be predicted with reasonable certainty to be, injurious to health, safety and comfort or which unreasonably interferes with the peaceful enjoyment of property or with any lawful business or activity. Noise/sound pressure levels exceeding those permitted in residential districts constitute noise pollution.

NONCONFORMING

A building or other structure, use or lot which, by reason of design, size or use, does not conform to the requirements of the district or districts in which it is located.

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 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 chapter, 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 chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.

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 Part 1 and shall be as much a part of 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

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 Township or it may contain areas of farmland which are not accessible to the public.

(1)

In the R-3 District, that portion of gross site area not required or assigned as area for:

(a)

Buffer area.

(b)

Building coverage, excluding structures necessary to the open space purpose, such as but not limited to recreational buildings and shelters, swimming pools, etc.

(c)

Site service facilities and systems, such as streets, parking areas, service buildings and the like, where recreation activities are prohibited, but excluding those facilities necessary to the open space purposes.

(d)

Outdoor living adjacent to building and dwelling units, including but not limited to yards.

(2)

Further, "open space" is defined as the area to be utilized for the practice of natural preservation or passive and/or active recreation or a combination of these uses.

(3)

Additionally, open space may be classified by the limitations to site resident uses because the open space is used for:

(a)

Reservation open space where, by physical features, plan design or regulations, the use of the open space is limited for reasons of health, safety, land and water preservation, sign amenity or site utility, or accessibility.

(b)

Private open space where, by design or regulation, the open space is limited by assignment, membership or service fee (golf course, boating, tennis courts, etc.).

(c)

Common open space where open space is not limited to site resident use except by the limitations placed on use by the nature of the activity to be performed within the space. By way of illustration, a tennis court is part of open space as long as it is not private open space, even though some residents cannot or may not want to use the facility.

OUTDOOR LIVING SPACE

The area or portion of an area adjacent to a building or dwelling unit as set by yard, setback or other area requirements and which is assigned for private or common use of the dwelling residents of the building.

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle, exclusive of passageways, driveways 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.

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.

PERSON

Any individual, group of individuals, lessee, lessor, guest, licensee, firm, partnership, voluntary association or corporation responsible for the use of property.

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, 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) 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 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. 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.

(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.

PLANTING AREA

Any area designated for landscaping purposes.

PLANNING COMMISSION

The Planning Commission for the Township of Lower Providence.

PORTABLE SWIMMING POOL

A swimming pool of less than 24 inches in height. Portable swimming pools are not regulated by this chapter. Other swimming pools are subject to the regulations of this chapter 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.

PROPERTY LINE

Has the same meaning as "lot line."

PUBLIC FLOOR AREA

That portion of a building designed for use by customers, clients, guests, members or the general public expressed in square feet and measured from center lines of partitions and outside wall faces, not including stairwells, rest rooms and corridors, but including lobbies, waiting rooms, cafeterias or snack bars and similar enclosed public spaces.

PUBLIC UTILITY TRANSMISSION TOWER

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines; excluding thereout and therefrom, street poles and service poles designed and installed to provide local distribution systems with drop lines or other service connection to structures in the Township.

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.

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.

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."

RESIDENTIAL DISTRICT

Includes the R-1, R-2, R-3, R-4, R-5, 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.

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.

SCREENING

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

SETBACK

See "yard" and "building line."

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.

SITE

A land area having metes and bounds description and distinguished by the fact that development of the area is existing or intended to exist, and the land development of the area is existing or intended to exist, and the land development has or shall be undertaken comprehensively as a whole. A site contains one or more buildings and/or building lots, a circulation system and supporting facilities.

SITE AREA

The area of a site is termed:

(1)

"Gross site area" when describing the total land and water surface area contained in a site.

(2)

"Net site area" when describing the part of the site surface area upon which structures, circulation system and supporting facilities are existing or intended to exist as a part of the development. Net site area shall be calculated by deducting from the gross site area all area necessary to meet:

(a)

The buffer requirements of this chapter.

(b)

The floodplain requirements, common open space requirements or otherwise unbuildable land uses as set out in this chapter or other prevailing ordinance or law.

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.

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 (direct, diffuse and reflected) received from the sun.

SOLAR ENERGY SYSTEM

An energy system which converts solar energy to usable energy to meet all or any part of a structure's energy requirements.

SOLAR HOT WATER SYSTEM

Uses solar energy to heat water. The most common types of solar water heaters are evacuated tube collectors and glazed flat plate collectors generally used for domestic hot water; and unglazed plastic collectors used mainly to heat swimming pools.

SOLAR PANELS

A device, material, or structure which is designed and used to convert solar energy into usable electrical energy by the way of a solar energy system.

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 chapter, 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.

SOUND LEVEL

In decibels, the weighted sound-pressure level measured by the use of a sound-level meter satisfying the requirements of ANSI SI.4, 1971, Specifications for Sound-Level Meters. "Sound level" and "noise level" are synonymous.

SOUND-LEVEL METER

An instrument meeting ANSI SI.4, Specifications for Sound-Level Meters, comprising a microphone, an amplifier, an output and frequency weighting network or networks that is used for the measurement of sound-pressure levels in a specified manner.

SOUND PRESSURE

Minute fluctuations in atmospheric pressure which accompany the passage of a sound wave.

SOUND-PRESSURE LEVEL

In decibels, 20 times the logarithm to the base 10 of the ratio of a sound pressure to the reference sound pressure of 20 micropascals (20 micronewtons per square meter). In the absence of any modification, the level is to be that of a root-mean-square pressure.

SOURCE

Any person or property, real or personal, contributing to noise pollution.

STACK

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor wood-fired boiler, especially that part of a structure extending above a roof.

STAFF DEVELOPMENT REVIEW COMMITTEE

The Committee composed of Township administrative staff, including the Township Manager, Code Enforcement Officer, Township Engineer, Director of Parks and Recreation, Director of Public Works, Chief of Police and Director of Planning and Economic Development, which shall review subdivision plans and which shall make recommendations to the Board of Supervisors concurrently with other boards and commissions for the plan's conformance to standards as determined by the Township, their planning documents and studies and by other regulatory agencies for the health, welfare and safety of the public.

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 filling; 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.

STEALTH DESIGN

Design criteria for communications antennas and related facilities to enhance compatibility with adjacent land uses, including but not limited to architecturally screened and/or landscaped communications antenna and the related facilities and communications towers which are designed to look other than like communications towers, such as a light pole, a component of a building or a tree.

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

(1)

A public or privately owned right-of-way serving as a means of vehicular and pedestrian travel and furnishing access to abutting properties.

(2)

Streets in R-3, R-4 and R-5 Districts will be classified as "through roads" and "site internal service roads" and shall be governed as follows:

(a)

"Through roads" shall be those which are used as connecting and through roads to serve residential streets to collector roads and community facilities.

(b)

"Site internal service roads" shall be those which are used strictly to service residential areas and do not serve as through roads in a development.

STREET LINE

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

STREET RIGHTS-OF-WAY

Rights-of-way for street purposes are 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. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Township. Front yard setbacks are measured from the ultimate right-of-way

(3)

Equivalent right-of-way: a street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in the Township's Subdivision and Land Development Ordinance.

STRUCTURE

Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements.

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.

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.

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."

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.

TRACT AREA

The total acreage within the lot lines, excluding that area continuously covered by water and rights-of-way of existing public roads.

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.

TRAILER, HOUSE

Any vehicle used for living or sleeping purposes.

TRAVEL TRAILER

A recreational vehicle requiring a separate power source for pulling it, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.

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 chapter, "use" includes "building" or "structure."

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."

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.)

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.

YARD, FRONT

A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot.

YARD, REAR

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.

YARD, SIDE

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.

ZONING DISTRICT

The land use category defined according to the Zoning Ordinance of Lower Providence Township.

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 Mount Providence Township Zoning Ordinance, as amended.