Township of Schuylkill

ACCESSORY DWELLING UNIT (ADU)

A dwelling unit on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ACCESSORY STRUCTURE

A structure that is subordinate to the principal structure on the lot and used for purposes customarily incidental to those of the principal structure, and which has the following characteristics:

A. The accessory structure is subordinate in terms of size, area, purpose, and extent of use;
B. The accessory structure typically cannot function independently of the principal structure; and
C. The accessory structure is located on the same lot as the principal structure.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of a structure or of a lot.

ACRE

A unit of area equal to 43,560 square feet.

AGRICULTURE

The raising, breeding, and keeping of domestic animals and the cultivating of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nurserying, horticulture and forestry.

ALLEY

A strip of land over which there is a right-of-way, municipally or privately owned, on which no dwellings or stores front, serving as the secondary means of access to two or more properties and not intended for general traffic circulation.

ALTERATION

A modification to the exterior of a building or structure, including reconstruction, removal of sections or architectural features, rearrangement, renovation, or enlargement, but excluding customary and incidental repairs or replacement of materials in kind, that results in changes to the facade and/or to structural or supporting parts.

AMATEUR RADIO ANTENNA

An antenna used in the sending and receiving of amateur radio service communications in the form of electromagnetic waves and as authorized by the issuance of an amateur radio license by the Federal Communications Commission (FCC), provided that the transmission and reception of such electromagnetic waves is compliant with all FCC regulations.

AMATEUR RADIO ANTENNA SUPPORT STRUCTURE

Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an amateur radio antenna.

AMATEUR RADIO SERVICE COMMUNICATIONS

A radio communication service owned and operated by an amateur radio operator licensed by the FCC solely for personal, and not pecuniary, interest.

ANIMAL HOSPITAL

A facility for the medical care of animals by a veterinarian, which does not include provisions for boarding except as part of a medical treatment.

ANTENNA SUPPORT STRUCTURE

A tower, pole, telescoping mast, lattice frame tower, tripod, or other structure which supports one or more wireless communications antennas.

ANTENNA SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of an antenna support structure at the undisturbed grade to the highest point of the structure. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna support structure height.

ANTENNA, WIRELESS COMMUNICATIONS

A device used to receive and/or transmit wireless communications or radio signals, including panels, microwave dishes, wires, signal poles, whips or similar communications devices, as owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices.

APARTMENT

A separate and distinct unit within a building which contains other dwelling units, or other uses; one of the dwelling units within a multifamily or apartment house, but not the multifamily house or apartment house itself.

AUTOMATIC PROPERTY OWNERS' ASSOCIATION

An organization wherein the right to membership is automatic and obligatory, whose members are charged with the responsibility for paying an annual assessment levied against their respective lots for the maintenance of common open space and other common property, and for other needs within the development under recorded covenants, and which run with the land to bind each and every owner of it, which are enforceable as a lien against the land.

BASEMENT

An enclosed area partly or completely below grade, to be considered a building story if more than one-third of the perimeter walls are five feet or more above grade and if the net area of the door and window openings in the exterior walls are at least equal to 10% of the enclosed floor space. For floodplain management purposes, "basement" means any area of the building having its floor below ground level on all sides.

BED-AND-BREAKFAST

A dwelling which, in addition to housing a resident or group of residents, temporarily houses guests for payment.

BLOCK

A unit of land bounded by streets, or by a combination of streets and public land, railroad rights-of-way, watercourses, or any other barrier to the continuity of development.

BOARD OF SUPERVISORS

The governing or legislative body of Schuylkill Township, Chester County, Pennsylvania.

BUILDING

Any structure having enclosing walls and roof, permanently located on the ground. A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

BUILDING COVERAGE

The relation of the total ground floor area of all buildings on a lot to the total developable area of the lot on which they are located; the percentage of the developable area of the lot covered by buildings.

BUILDING FRONTAGE

The lineal footage of a building face which serves as the principal approach to a store or building and which building face fronts a public street, shopping center, driveway or pedestrian walkway. For corner lots, the building frontage may be calculated on the basis of the principal approach to a public street, shopping center driveway or pedestrian mall or walkway.

BUILDING LINE

A line, parallel to the lot line, passing through the part of the building nearest to that particular lot line; may be farther from the lot line than the building setback line.

BUILDING SETBACK LINE

An imaginary line that is the required minimum distance from, and parallel to, the ultimate right-of-way line of the street the lot abuts or from any other lot line that establishes the area within which the principal structure shall be erected or placed, as prescribed by this chapter.

CARPORT

A structure which is primarily a roof, which is an open-sided shelter for one automobile sometimes formed by extension of a roof from one side of a building.

CHARACTER ZONE

An area within the Township expressed as T-1 (most rural), T-2 (more suburban), T-3 (most suburban), and T-4 (most urban), and as shown in Figure 2, Character Zones, of the Schuylkill Township Comprehensive Plan Addendum 2005, adopted June 15, 2005, and as described in said Plan.

CLEAR-CUTTING

The cutting and clearing of the majority (defined as 75%) of trees within a woodland on a tract of land.

CO-LOCATION

The placement of two or more wireless communications antennas on the same antenna support structure.

COMMERCIAL SOLAR POWER FACILITIES

Commercial facilities engaged in the use of solar panels to convert energy from the sun into electrical energy (including, without limitation, power inverters and transformers) for use on the lot on which such commercial facilities are located or on adjacent lots held in the same ownership as the lot on which commercial solar power facilities are located.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a development site, logically interrelated and designed and intended for use or enjoyment of the residents of the development, not including street parking areas, yards and areas set aside for public facilities; common open space shall be substantially free of structures but may contain such improvements as are appropriate for the recreation of residents served thereby.

COMMUNICATION TOWER

A structure erected for the sole purpose of holding antennas to be used as an accessory use specifically for communications via radio by an individual or company holding a valid active radio license issued by the Federal Communications Commission, or to facilitate communications by microwave, cellular telephone, and the like.

COMMUNITY LIVING ARRANGEMENT (CLA)

A residential grouping of handicapped people which is designed to emulate a permanent family-like environment.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONGREGATE CARE SENIOR HOUSING

A complex of dwellings, exclusively designed for and occupied by households having at least one person 62 years of age or older, which provides common facilities, including but not limited to dining, recreation, and practical nursing care. Dwellings may or may not include kitchens.

CONSERVANCY LOT

A privately owned and maintained lot of 10 or more acres gross lot area, created under Option 3 of the Conservation Overlay District, containing an existing dwelling, agricultural structure, or historic structure, comprising part of the required conservation land in a conservation subdivision.

CONSERVATION AREAS, PRIMARY (PCA)

Lands consisting of the Flood Hazard and Wetlands District and elevated steep slopes (above 25%). In the Conservation Overlay District, all primary conservation areas are required to be located within conservation land.

CONSERVATION AREAS, SECONDARY (SCA)

Lands containing natural or cultural features, outside primary conservation areas, that are worthy of conservation by inclusion in conservation land. See a list of such features in § 320-40.1B(1)(b) of the Subdivision and Land Development Ordinance.

CONSERVATION LAND

A parcel or parcels of land and/or water, within a conservation subdivision, set aside for the protection of natural and cultural resources. Conservation land consists of primary and secondary conservation areas and is permanently restricted against further development.

CONSERVATION SUBDIVISION

A residential development, designed in accordance with the standards in the Conservation Overlay District in the Schuylkill Township Zoning Ordinance.

CONSTRAINED LAND

Selected areas, constrained by natural and/or man-made resources listed in the Zoning Ordinance subtracted from the gross lot area to determine developable area.

CONSTRUCTION

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

CONVENIENCE STORE

An area of land together with any structures erected thereon, used for the retail sale of food, beverages, personal care items, automotive fuel and lubricants and similar items in one store under one operator as further limited in § 370-169, but not a supermarket.

COVERAGE, WIRELESS COMMUNICATIONS

The areas depicted on a map where cellular phone users can receive adequate and reliable wireless communications service while located outdoors holding their cellular phone a minimum of five feet from the ground.

CULTURAL CENTER

A building used principally for the performing arts and/or the display of artistic or educational materials and collections, including, but not limited to, art gallery, studio, museum, library, and educational or learning center, but excluding public school.

DAY-CARE CENTER

A commercial facility for caring for seven or more children, as regulated by all applicable provisions of the Commonwealth of Pennsylvania.

dBA

A measure of sound pressure level in decibels (dB) relative to a 0 dB reference, the typical threshold of perception of average human hearing, as modified by an A-weighting factor to account for the relative loudness perceived by the human ear, which is more sensitive to higher sound frequencies than lower sound frequencies.

dBm

An abbreviation for the power ratio in decibels (dB) of the measured power referenced to one milliwatt (mW). This is a measure often used for radio, microwave and fiber optic communications equipment.

DEMOLITION

The razing or destruction, whether entirely or in significant part, of a building, structure, site, or object. Demolition includes the removal of any building, structure, or object from its site, or the removal or destruction of the facade or surface. As applied to a Class I or Class II historic resource under the terms of this chapter, "significant part" shall mean 50% or more of the gross area of that part of the structure's facade, including the area delineated by porches, that is deemed by the Schuylkill Township Historical Commission to be historically significant and contributing to the basis upon which the structure is classified as an historic resource.

DEMOLITION BY NEGLECT

A change to a Class I or Class II historic resource that results from the absence of routine maintenance and repair leading to structural weakness, decay and deterioration, resulting or potentially resulting in the effective demolition of the historic resource.

DENSITY, GROSS

The total land ownership divided by the total number of families housed or to be housed, expressed in families or dwelling units per acre, such ownership including interior streets having rights-of-way not over 50 feet in width, common open spaces, permitted commercial uses, sites for schools and places of worship, and all land devoted to residential use, but excluding interior streets having rights-of-way greater than 50 feet in width.

DENSITY, NET

The number of dwelling units per acre, within only that portion of the development devoted to any one particular housing type, including the yards, off-street parking and driveway facilities directly serving those particular dwelling types, but excluding common open spaces, places of worship, permitted commercial uses, school sites, and other public grounds.

DEPARTMENT OF HEALTH

The Department of Health of the Commonwealth of Pennsylvania or of Chester County, or their representative having jurisdiction in the Township.

DETERMINATION OF ELIGIBILITY (DOE)

An historic resource determined by the Pennsylvania Bureau for Historic Preservation or the U.S. Secretary of the Interior as meeting the criteria for the National Register, but not listed in the National Register.

DEVELOPABLE AREA

The total area suitable for land development within the titled lines of a lot, after the following areas are excluded:

A. Areas set aside as the ultimate right-of-way for a public or private street;
B. Areas of steep slopes pursuant to Chapter 370, Article XXVIII, Natural Resources Conservation Overlay District;
C. Flood hazard districts pursuant to Chapter 370, Article XI, F Flood Hazard and Wetlands District;
D. Wetlands pursuant to Chapter 370, Articles XI and XXVIII;
E. Existing stormwater management facilities pursuant to Chapter 310, Stormwater Management;
F. Areas comprising rights-of-way and easements for aboveground utilities and underground utilities other than for local retail service;
G. Inner riparian buffers pursuant to Chapter 370, Article XXVIII; and
H. Outstanding resource waters and associated outstanding resource waters inner buffers pursuant to Chapter 370, Article XXVIII.

DEVELOPER

Any landowner, agent of such landowner, tenant with the permission of such landowner, or equitable owner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading, and excavation, mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DIAMETER BREAST HEIGHT (DBH)

A measure of a tree's trunk size representing its diameter at 4 1/2 feet above the ground level.

DRIPLINE

Area directly located under the outer circumference of the tree branches. Sometimes also referred to as "root protection zone" or "tree critical root zone."

DRIVEWAY

A private cartway providing for vehicular and pedestrian access between a public street and a parking area within a lot or property.

DWELLING

Any building or other structure designed and occupied exclusively for residence purposes, including an apartment and mobile home, but excluding rental units in a motel, rooming house, institutional home, dormitory, and the like.

DWELLING, DETACHED

A building designed and occupied exclusively for residence purposes and having no structural connection, or party wall in common with another building; where a private garage is structurally attached to such building, it shall be deemed to be a part thereof.

DWELLING, MOBILE HOME

See definition for "mobile home."

DWELLING, QUADRAPLEX

Four attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.

DWELLING, SEMIDETACHED

A building designed and occupied exclusively for residence purposes, structurally connected, and having one side party wall in common with one other building; where the other building is a dwelling, each is commonly referred to as a "twin" dwelling.

DWELLING, SINGLE-FAMILY

A building designed for, and occupied exclusively for residence purposes by, one family.

DWELLING, TOWNHOUSE

One of a structurally connected series of three or more buildings arranged in a row, each designed for and occupied exclusively as a residence for only one family, and each having a party wall in common with one or more of the other buildings in the series adjacent to it, any or all of such buildings may be under different ownership.

DWELLING, TWO-FAMILY

A building designed for, and occupied exclusively for residential purposes by, two families living independently of each other and one family living wholly or partly over the other.

DWELLING, UNIT

A single living space for one family, providing sleeping, cooking, and sanitary facilities, excluding individual rental units in a motel, rooming house, institutional home, dormitory, and the like.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.

EASEMENT

A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

EDUCATIONAL INSTITUTION

An organization for the instruction or promotion of learning, philosophy, art, science, or the like; and the building or buildings devoted to the work of such an organization.

EDUCATIONAL USE

The use of any lot, parcel of land, building or structure for the express purpose of the advancement of education for persons of all ages, provided that the term "educational use" or "educational facilities" shall not be construed as a facility for purposes of detention or confinement of any person or group including court adjudicated persons.

EFFECTIVE DATE OF THIS CHAPTER

The effective date of this chapter is five days after its adoption, except that with respect to the subject matter of any amendment, the effective date of this chapter shall mean five days after the date upon which the particular amendment was adopted.

EFFECTIVE SCREEN

Planting of deciduous and evergreen trees and shrubs not less than five feet in initial height and capable of attaining a height and width of not less than 10 feet wherein not less than 50% of the plants shall be evergreen mixed throughout the length of such screen, so arranged or placed as to divert attention from, or obstruct at least 85% of an otherwise clear view of, an objectionable or incompatible use or activity during all seasons of the year. A wall or fence in combination with the aforementioned plantings may be used as an effective screen where required for parking and loading areas. The effective screen shall be in accordance with plans and specifications prepared by a registered landscape architect and shall be compatible with the landscaping on the lot and approved by the Zoning Administration Officer.

ELECTRIC SUBSTATION

Buildings or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being appropriately planted or screened to blend the installation with the surrounding landscape.

ENGINEER, TOWNSHIP

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township of Schuylkill, its Planning Commission or Authority.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially permeable to the passage of water.

FAA

The Federal Aviation Administration.

FAMILY

Any number of persons related by blood or adoption, or as a CLA, living in a dwelling unit; or not to exceed three unrelated individuals living together as a single, nonprofit housekeeping unit and doing their cooking on the premises; excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house.

FCC

The Federal Communications Commission.

FLOOD

A temporary inundation of normally dry land areas.

FLOOD HAZARD DISTRICT

Land adjacent to a watercourse or water body designated and defined in Chapter 370, Article XI, F Flood Hazard and Wetlands District.

FLOODPLAIN

A relatively flat or low land area which is subject to inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the accumulation of surface waters from any natural source; and/or any area delineated by applicable FEMA maps and studies as being a special flood hazard district, or other professional engineering studies.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

FOOTCANDLE

Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, aka light meter.

FRONT FACADE

The plane of the facade of the building closest to the street right-of-way, excluding stoops, porticos, open colonnades, and open porches.

FULL CUTOFF

Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture.

FULLY SHIELDED

Attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles.

GARAGE, FRONT LOADED

A garage having its vehicular entry door facing the street.

GARAGE, PRIVATE

An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and/or for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises, and which is not a separate commercial enterprise available to the general public.

GARAGE, REAR LOADED

A garage having its vehicular entry door facing an alley or rear lane.

GARAGE, SIDE LOADED

A garage having its vehicular entry door facing the side yard.

GARAGE, STORAGE

A building, not a private or a public garage, one story in height, used solely for the storage of motor vehicles (other than trucks) but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.

GAS STATION

An area of land together with any buildings or structures built thereon that is used for the retail sale of gasoline or other motor vehicle fuel and lubricants. Such use may provide facilities for automatic car washing or vacuuming of motor vehicles but does not permit the repair or servicing of motor vehicles.

GASOLINE SERVICE STATION

An area of land together with any buildings or structures built thereon that is used for the repair, servicing or storage of motor vehicles. Such use does not permit the retail sale of gasoline or other motor vehicle fuel and lubricants.

GLARE

Excessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.

GREEN

An area of conservation land, surrounded by streets on at least two, three or four sides, around which dwellings are organized such that the dwellings face the conservation land either directly or across a street.

GROUND, FLOOR

The floor of a building most nearly on a level with the surrounding land surface; often called also the "first floor."

HEDGEROW

A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this chapter, hedgerows are considered woodlands and regulated as such regardless of area or tree and/or shrub size.

HEIGHT OF BUILDING

A building's vertical measurement from the average grade along all sides of the building to the highest point of the roof, provided that chimneys, spires, towers, silos, barns, elevator penthouses, tanks and similar projections shall not be included in calculating the height.

HEIGHT OF STRUCTURE

A structure's vertical measurement from the average grade along all sides of the structure to the highest point of the roof provided that chimneys, spires, towers, silos, barns, elevators, penthouses, tanks, and other similar projections shall not be included in calculating the height.

HELICOPTER

A rotorcraft that, for its horizontal motion, depends on its engine-driven rotors.

HELIPORT

An area of land, water or a structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters, and any appurtenant areas which are designed to be used for helicopter support facilities such as maintenance, refueling and parking.

HISTORIC RESOURCE

Any building, site, structure, or object designated as a Class I or Class II historic resource and included on the Township Historic Properties Map.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION (CLASS A)

An occupation carried on as an accessory use to a dwelling by a person residing on the premises, which does not result in any outward evidence or indication that the dwelling contains a home occupation.

HOME OCCUPATION (CLASS B)

An occupation carried on as an accessory use to a dwelling by a person residing on the premises, which is not classified as a class A home occupation and is subject to the provisions of § 370-141.

HOUSE, ROOMING

A dwelling in which temporary sleeping accommodations for daily occupancy are provided for rent to less than 10 persons, whether or not the serving of meals is included, but not to include continuous occupancy (occupancy for more than 30 consecutive days) and not to include occupancy by other than individuals requiring temporary daily residential occupancy.

HOUSEHOLD PETS

Includes dogs, cats, rabbits, gerbils, guinea pigs, hamsters, caged birds, fish, nonvenomous reptiles and amphibians and other animals of similar size and character normally associated with a dwelling unit and generally housed within the dwelling unit.

HOUSING, MULTIFAMILY

A building designed for and occupied exclusively as residences for three or more families living independently of one another, with or without the provision of meal service for its tenants and guests, and with or without a central dining room therefor, but without meal service for the general public, and without habitable rooms in the basement other than janitor's living quarters.

HYDRIC SOIL

As defined by the National Technical Committee for Hydric Soils (USDA-SCS 1991) or any amendments thereto, a hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, July 13, 1994, Changes in hydric soils of the United States). Hydric soils are soils so listed by the Chester County Conservation District (http:/dsf.chesco.org/conservation/lib/conservation/pdf/hydric.soils.pdf).

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.

ILLUMINANCE

Quantity of light, measured in footcandles.

INDUSTRIAL PARK

A grouping of three or more industrial establishments on a lot held in single and separate ownership.

INN

A commercial facility for the housing and feeding of transients, located in an existing building.

KENNEL

Facilities for the shelter of more than six fully grown household animals.

LABORATORY

A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.

LAKE

A natural or artificial body of water which retains water year round, and has an area of two or more acres.

LAND DEVELOPMENT

Any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;

B. A subdivision of land.
C. Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code (as amended).

LICENSE

According to usage:

A. When applied to mobile home parks, shall mean written approval by the Township Supervisors, a prerequisite of which shall be approval by the Department of Health, and compliance with all applicable regulations of this, or other, applicable ordinances.
B. When applied to erection of signs, shall mean written approval by the Township Supervisors, a prerequisite of which shall be compliance with all applicable regulations of this and other applicable ordinances, and the posting of a liability insurance policy or an indemnity bond in an amount not less than $10,000 payable to the Township Supervisors, in a form satisfactory to the Township Solicitor.

LIGHT TRESPASS

Light emitted by a lighting fixture or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

LOADING SPACE

A space, accessible from a street, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.

LOT AREA

The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, excluding any area within any right-of-way but including the area of any easement (also see the definition for "developable area").

LOT COVERAGE

The percentage of the developable area of a lot covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces which do not normally absorb rainfall.

LOT LINE

A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting the street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street or another line within the street lines even though such may be the property boundary line described in a deed.

LOT LINE, FRONT

The lot line abutting a street and coinciding with the right-of-way line. In the event of a corner lot, such lot shall be construed to have two front yards.

LOT LINE, REAR

A lot line opposite and most distant from the front lot line; if the rear lot line is less than 10 feet in length, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot line not a front or rear lot line.

LOT WIDTH

The distance, in feet, between the two opposite side lot lines, measured at the building setback line.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets, or at the point of abrupt change in direction of a single street, the interior angle of which is not greater than 135°.

LOT, INTERIOR

Any lot other than a corner lot.

LOT, MOBILE HOME

A parcel of land in a mobile home park, constructed with the necessary utilities and connections, and such other appurtenances necessary for the proper installation thereon of a mobile home dwelling.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building; provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

MANUFACTURED HOME

See "mobile home."

MANUFACTURED HOME PARK

See "mobile home park."

MESSAGE SEQUENCING

A single message or advertisement for a product or service that is divided into segments and presented over two or more successive display phases of a sign, or across two or more individual signs.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purposes of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME

A transportable, single-family dwelling, intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, and constructed with the same, or similar, electrical, plumbing, and sanitary facilities as immobile housing. No titled or untitled vehicle, whether containing living quarters or not, shall be considered a mobile home under this chapter. For purposes of floodplain management only, the term "mobile home" shall also include park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for placement thereon of mobile homes.

MONOPOLE

An antenna support structure that is self-supporting by means of a single shaft of steel, concrete, wood, or other structural material.

MONOPOLE, STEALTH

A monopole with antennas installed either inside or outside the pole, but with external adornments transforming the pole as something else, such as a flagpole, evergreen tree, eagle's nest platform, etc., causing the structure not to be readily recognized as telecommunications equipment.

MOTEL

One or more buildings used for the purpose of providing temporary sleeping accommodations to the traveling public. Such accommodations shall be suitable for occupancy throughout the year and have accommodations for 10 or more guests.

NEIGHBORHOOD CONVENIENCE SHOPPING COMPLEX

A grouping of more than two and not to exceed five commercial establishments which are designed to serve the convenience shopping needs of the surrounding neighborhood, and which, in aggregate, does not exceed 15,000 square feet in gross floor area. Such a complex must be located on a lot held in single and separate ownership located within the NC Neighborhood Commercial District.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter, and including any subsequent improvements thereto.

NIT

In lighting, the nit is a unit of visible-light intensity, used to specify the brightness of a cathode ray tube, liquid crystal computer display, light emitting diode (LED) display, or similar display. One nit is equivalent to one candela per square meter.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

NURSING HOME

Any home or institution which operates or maintains facilities providing convalescent or chronic care for 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Convalescent and chronic care may include, but not be limited to, any or all procedures commonly employed in caring for the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and administering treatments prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any guest home, hotel, or related institution which is held forth to the public as providing, and which offers only board, room and laundry to persons not in need of medical or nursing treatment or supervision.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

OUTSTANDING RESOURCE WATER

A surface water feature that has significant water quality value and requires special protection; specifically, the Pickering Reservoir, wetlands along and adjacent to the Pickering Reservoir, any wetlands that have been determined to be exceptional value wetlands by PADEP per Pa. Code § 105.17, and any waters that have been determined to be EV exceptional value waters by PADEP per Pa. Code § 93.4b.

OUTSTANDING RESOURCE WATER BUFFER

A protective area similar to a riparian buffer, but extending 150 feet in total from the outer edge of an outstanding resource water, and consisting of three separate zones.

OUTSTANDING RESOURCE WATER INNER BUFFER

This Zone One buffer begins at the outer edge of each surface water feature that is an outstanding resource water and extends a minimum width of 50 feet measured from the top of the defined bank, as reviewed and approved by the Township Engineer. Where either steep slopes or a FEMA delineated one-hundred-year floodplain occurs, the limit of Zone One shall extend the entire distance of the larger of the steep slope or FEMA floodplain area.

OUTSTANDING RESOURCE WATER MIDDLE BUFFER

This Zone Two buffer begins at the outer edge of the outstanding resource water inner buffer and extends for an additional 50 feet.

OUTSTANDING RESOURCE WATER OUTER BUFFER

This Zone Three buffer begins at the outer edge of the outstanding resource water middle buffer and extends for an additional 50 feet. In cases where the Zone One buffer extends beyond 50 feet due to the presence of steep slopes or a delineated FEMA one-hundred-year floodplain, the width of the Zone Three buffer may be adjusted such that the full width of the outstanding resource water buffer does not exceed a total of 150 feet (Zones One and Two are not subject to this adjustment).

PARKING SPACE

A reasonably level space, having a surface slope not exceeding 5%, available for the parking of one motor vehicle exclusive of passageways, driveways, or other means of circulation or access dimensioned as required in Chapter 320, Subdivision and Land Development.

PARKING SPACE, ALL-WEATHER

A parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

PHARMACY/DRUG STORE

An area of land, together with any structures erected thereon, including drive-through lanes and canopies, where medical prescriptions are filled and prescription and over-the-counter drugs, medical supplies, food, beverages, personal care items, greeting cards and similar retail items are sold in one store under one operator as further limited in § 370-170. This definition shall not include a supermarket.

PLAT

The map or plan of a subdivision of land, whether preliminary or final.

PLAT, RECORDED

The final plat, or engineering layout of streets and lots, easements, common open spaces and public grounds, which has been duly approved by all necessary officials and bodies, and recorded in the Office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.

POND

A natural or artificial body of water which retains water year round, and has an area of less than two acres.

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second or third class as defined in United States Department of Agricultural, Natural Resources and Conservation Services, Soil Survey of Chester and Delaware Counties.

PROPAGATION STUDY

A computer-simulated model of wireless communications signal strength coverage as a function of frequency, distance, and other conditions, to include nearby wireless communications facilities.

PUBLIC EMERGENCY

An event during which public safety emergencies occur or may occur, such as extreme weather and hazardous conditions, natural disasters, terrorists attacks, amber alerts, emergency evacuations, public infrastructure failures, and massive traffic accidents and blockade of traffic.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in Schuylkill 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 or less than seven days from the date of the hearing.

PUBLIC SEWER

Wastewater collection and treatment facilities constructed and operated by a municipality or by a municipal authority.

PUBLIC UTILITY

A public utility as that term is defined in the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

PUBLIC WATER

Water which is distributed by a municipality, a municipal authority, or a private company subject to control by the Public Utility Commission, through a network of pipes and for which a fee is charged.

RADIO FREQUENCY EMISSIONS

Measurable electromagnetic energy radiation from any source, including wireless communications facilities, in the frequency range from 0.003 MHZ to 300,000 MHZ.

RADIO FREQUENCY ENGINEER

A professional engineer registered in Pennsylvania who specializes in electrical or microwave engineering, especially the study of radio frequencies.

RAIN GARDEN

A man-made depression in the ground that is used as a landscape tool to improve water quality by forming a bioretention area in which water runoff is collected and stored permitting it be filtered and absorbed by the soil. A rain garden is based on the hydrologic function of forest habitat in which the forest produces a spongy litter layer that soaks up water and allows it to slowly penetrate the soil layer.

RECREATION, ACTIVE

Leisure-time activities, usually of an organized nature and performed with others, often requiring equipment and taking place at prescribed times, places, sites, or fields.

RECREATION, PASSIVE

Any leisure time activity not considered as active.

RECREATIONAL VEHICLE

A vehicle which is:

A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projections;
C. Designed to be self-propelled or permanently towable by a light-duty truck;
D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD ELEVATION

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

REHABILITATION

The process of returning a building or buildings to a state of utility, through repair or alteration, which makes possible an efficient use while preserving those portions and features of the building and its site and environment which are significant to its historic, architectural, and cultural values.

RENTAL UNIT

An apartment or other individual space offered for rent or lease within a motel, hotel, rooming house, institutional home, dormitory, or in a professional or commercial office building.

RESTAURANT

A place of business serving food and beverages prepared for consumption within a building, and providing table or sit-down service only, but not including outdoor counter service or curb service. The inside tables must seat comfortably a total of not less than 25 people.

RIGHT-OF-WAY

The ultimate right-of-way line as defined herein and in Chapter 320, Subdivision and Land Development.

RIPARIAN BUFFER

A protective area of land adjacent to each side of a watercourse, which is not an outstanding resource water, and which is divided into two separate zones. This area is managed to maintain vegetation to protect the integrity of stream channels and shorelines, to reduce the impact of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals, and to supply food, cover and thermal protection to fish and other aquatic species and wildlife.

RIPARIAN BUFFER, INNER

A Zone One riparian buffer that begins at the top of each stream bank of a watercourse and extends a minimum width of 50 feet measured from the top of the defined bank, as reviewed and approved by the Township Engineer. Where either steep slopes or a FEMA delineated one-hundred-year floodplain extends beyond 50 feet from the top of bank, the limit of this buffer shall extend the entire distance of the steep slope or FEMA floodplain area.

RIPARIAN BUFFER, OUTER

A Zone Two riparian buffer that begins at the outer edge of the Zone One inner riparian buffer and extends for an additional 50 feet.

SETBACK DISTANCE

The required minimum distance in a zoning district from a structure on the subject lot to the nearest lot line of that lot as measured perpendicular to that lot line, or the required minimum distance from a structure on the subject lot to another structure on that same lot or to a structure on a different lot in the vicinity of the subject lot.

SHOPPING CENTER

A unified grouping of commercial establishments containing five or more stores, shops, or outlets and located on a site of not less than 10 acres within the C Commercial District, which site shall be in single and separate ownership.

SHORELINES

The land-side edges of lakes and ponds.

SIGN

A structure, building, wall or other outdoor surface, or any device used for visual communications which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize the name and product or service of any organization or person.

SIGN AREA

The following shall be used in computing the area of signs:

A. The area of a sign shall be construed to include all lettering, wording, graphics, symbols, lines, colors, or other communication element(s), together with the background on which they are displayed, whether open or enclosed.
B. The sign area shall include any structurally supporting frame or framework used to encase, enclose and/or showcase the sign.
C. Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular shape, including the sign background, which encompasses all of the letters and symbols.
D. In computing square footage area of a double-face sign, only one side shall be considered, provided both faces are identical in size. If the interior angle formed by the two faces of a double-faced sign is greater than 60°, then both sides of such sign shall be considered in calculating the sign area.
E. Any pole or column that is used to attach the sign to the ground shall not be computed, unless such structural element itself has letters, words, graphics, symbols, colors, etc.

SIGN, BILLBOARD

An off-premises outdoor advertising sign that indicates a product or service for a location not on the lot upon which such sign is erected and maintained, and displays messages in a static sign or digital sign format.

SIGN, DIGITAL

A sign that can change content of text or images which may utilize LED (light emitting diode) technology or other technology.

SIGN, GROUND

A static or digital sign erected as a freestanding independent structure (legs, base, or pole) upon the ground surface, and/or any sign which is not supported by any part of a building, and having no more than two visible faces of equal size, shape and dimension.

SIGN, OFF-PREMISES OUTDOOR ADVERTISING

See "billboard."

SIGN, STATIC

A sign that is not digital and does not have changeable copy.

SINGLE AND SEPARATE OWNERSHIP

The ownership of property by any person, partnership, or corporation, which ownership is separate and distinct from that of any adjoining property.

SLOPE

Inclination of the land with respect to the horizontal, expressed by stating the vertical rise or fall as a percentage of the horizontal distance.

SOLAR OR PHOTOVOLTAIC PANELS

Elevated panels or plates (or arrays thereof) that capture and convert solar radiation to produce electrical energy, including flat plates, focusing solar collectors and/or photovoltaic solar cells, but excluding the support post, base or foundation of the panel, plate or array.

SOLID WASTES

All refuse including garbage and trash.

SPECIAL EXCEPTION

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Articles XX and XXV herein, only in situations where provisions therefor are specifically made by the terms of this chapter.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of, a floodplain.

SPECIMEN TREE

An individual tree, or a tree within woodlands or hedgerows, which is 24 inches (DBH) or larger. In addition, a tree that is unique, culturally valuable, or historically significant may be designated as a specimen tree by the Township by Township resolution.

STEEP SLOPES

Those areas of land where the slope, as measured over a vertical distance of six feet, is greater than 15%.

STEEP SLOPES, ELEVATED

Those areas of land where the grade of the slope is greater than 25%.

STEEP SLOPES, INTERMEDIATE

Those areas of land where the grade of the slope is greater than 15% and less or equal to 25%.

STEEP SLOPES, MAN-MADE

All steep slopes that are not naturally occurring steep slopes.

STEEP SLOPES, NATURAL

All steep slopes other than those occurring as a result of grading, trenching, contouring, construction or other man-made processes.

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STORMWATER MANAGEMENT FACILITY

Any feature, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate, or quantity. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration facilities.

STORY

That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.

STREET

A strip of land including the entire ultimate right-of-way, publicly or privately owned, serving primarily as means of vehicular and pedestrian travel, furnishing access to abutting properties which may also be used to provide space for sewer, public utilities and sidewalks, but which does not include driveways (also referred to as "road").

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams or girders, of any change which could convert an existing building or other structure into a different structure, or adapt it to a different use, or which, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.

STRUCTURE

Any form or arrangement of building materials, on or in water or land, involving the necessity for providing proper support, bracing, anchoring or other protection against the forces of the elements. Anything constructed or erected on the ground or attached to the ground including but not limited to buildings, sheds, manufactured or mobile homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historical structure, provided that the alteration will not preclude the structure's continued designations as a "historic structure."

SWIMMING POOL

A structure, above or below ground level, for the purpose of containing water to a depth, at any point, in excess of two feet and intended primarily for recreation, without regard to materials of its construction.

TREE

A perennial single-stemmed woody plant that is more than 15 feet in height, or a multistemmed woody plant more than eight feet in height.

TREE PROTECTION ZONE (TPZ)

An area that is radial to the trunk of a tree in which no construction or earth disturbance activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the dripline, whichever is greater. For specimen trees, the TPZ shall be 20 feet from the trunk of the tree to be retained, or the dripline, whichever is greater. Where there is a group of trees or woodlands, the TPZ shall be the aggregate of the TPZs for the individual trees.

ULTIMATE RIGHT-OF-WAY

The right-of-way area measured on both sides of the center line of a street or proposed street, as shown on the Ultimate Right-of-Way Map of Schuylkill Township adopted by the Township Supervisors as a part of the Official Map Summary of Schuylkill Township.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

UNIPOLE

A monopole antenna support structure with antennas located inside the pole and with no discernible external antennas or adornments attached to the outside of the pole.

USED CAR LOT

Any land used or occupied for the purpose of buying and selling secondhand motor vehicles and storing said motor vehicles prior to sale, but excluding body or fender repair, painting, and the sale of fuel or lubricants for motor vehicles.

VARIANCE

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXV herein constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific piece of property and not as a precedent.

WALKWAY, PUBLIC

Any space designed or maintained solely for public pedestrian use, without regard to ownership.

WATER HAZARD AREA

Any area of land which is or may be hazardous to the public health, safety or welfare as a result of any one of the following conditions:

A. FLOODPLAIN — Land which has been, and may be inundated periodically by waters overflowing the normal banks of a stream as result of natural causes, or as result of grading, damming, or other man-made changes.
B. HIGH WATER TABLE — Soil in which the ground water exists at, or periodically rises to, a level which is too near the surface of the ground to permit a particular type of construction or installation.
C. MAN-MADE AREA — Areas of land which have been disturbed or changed by grading or filling to such extent that ponding results because the natural soil conditions no longer prevail.

WATERCOURSE

A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.

WETLAND BUFFER

A protective area extending 50 feet from the edge or a lake or pond shoreline, or from the outer limit of a wetland boundary.

WETLANDS

Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. An area meeting the current, official wetland definition of the United States Army Corps of Engineers or the Pennsylvania Department of Environmental Protection shall be considered a wetland. In the event there is a conflict between the definitions of these agencies, the more inclusive definition shall apply.

WHOLESALING

A commercial activity comprising the sale of commodities in large quantities or in bulk, as to retailers or jobbers, rather than to consumers directly, including warehousing, loading and unloading, and shipping of such commodities.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Federal Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

WIRELESS COMMUNICATIONS FACILITY

The wireless communications antenna(s), wireless communications antenna support structure, wireless communications equipment building(s), parking, fencing, plantings, and/or other structures and equipment supporting the receiving or transmitting of wireless communications or radio signals.

WIRELESS COMMUNICATIONS FACILITY OWNER

An organization or individual which owns the infrastructure of the wireless communications facility and which rents, leases or owns the land occupied by the facility.

WIRELESS COMMUNICATIONS NETWORK

Wireless communications between two or more land areas called "cells," where each cell is served by at least one transceiver, or transmitting and receiving antenna array, and where each transceiver at the same location or cell operates on a different set of radio frequencies.

WIRELESS COMMUNICATIONS PROVIDER

Any entity or person which installs and operates one or more antennas to achieve wireless communications. Some corporate examples are AT&T, Verizon, and Sprint/Nextel.

WOODLAND

A plant community of 1/4 acre or more in which tree species are dominant or co-dominant, the branches of the trees form a complete, or nearly complete, aerial canopy and where the largest trees measure at least eight inches in diameter DBH. A woodland shall also include 10 or more individual trees of eight inches or greater DBH under a common canopy. Woodlands consist of groupings of live trees regardless of species or presence of illness, infestation, or physical defect. Woodland shall include any area where woodland disturbance has occurred within the previous three years that would have met the definition of "woodland" prior to disturbance. Woodlands do not include orchards. For the purpose of this chapter, the extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the community.

YARD

An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed by structures from the ground to the sky, except for permitted accessory structures, signs, and retaining walls, no closer than five feet to property lines, except fences.

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, excluding fences. In the case of a corner lot, such lots shall be construed to have two front yards.

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, excluding fences.

YARD, SIDE

A yard extending the full depth of the lot along the side lot line and extending in width from such side line to the nearest point of any structure on the lot, excluding fences. Corner lots shall be construed to have two front yards.

ZONING HEARING BOARD

The Zoning Hearing Board of Schuylkill Township as established by Article XXV, § 370-198, of this chapter.

Schuylkill Township, PA

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