Township of Whitemarsh

ACCESSORY BUILDING

A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

ACCESSORY DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family as permitted within a conservation design subdivision or land development.

ACCESSORY USE

A use subordinate to the principal use of land or a building or other structure on a lot and customarily a part of or incidental thereto.

ADJUSTED TRACT AREA

Base site area minus constrained lands. See § 116-273: Site capacity calculations. of this chapter.

AGRICULTURE

The cultivating of the soil, and the raising and harvesting of the products of the soil, including but not by way of limitation nursery, horticulture and forestry, and animal husbandry, but excluding sod and/or soil removal.

ALTERATION

As applied to a building or structure, a change in the structural parts or an enlargement, or the moving from one location or position to another.

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.

APARTMENT BUILDINGS and CONDOMINIUMS, AGE-RESTRICTED

A building or series of buildings designed exclusively for multifamily dwelling purposes by three or more families living independently of one another and requiring that at least one permanent occupant be age 55 years or older and further requiring that any resident of an individual dwelling unit under the age of 19 years shall not reside in that unit for more than three months in any calendar year.

AVERAGE LOT AREA

Calculated as the sum of the lot areas for all dwelling units of a single type divided by the total number of dwelling units of a single type.

AVERAGE SETBACK

Average setback is calculated in the following manner:

(Length1 x Setback1) + (Length2 x Setback2) + (Length3 x Setback3)...+ (Lengthn x Setbackn)

Length1 + Length2 + Length3...+ Lengthn

Where:
Each ?Length? is the length of the facade of the building segment at the specific setback. ?Setback? is the setback of that segment of the facade from the ultimate right-of-way.

AVERAGE SLOPE

The slope of land determined according to the formula:

(S is the average slope in percent; I is the contour interval in scale feet; L is the combined length of contour lines in scale feet; A is the area in acres of the site being considered)

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BERM

An artificial embankment composed of soil which serves as a form of fence or buffer which is not to be construed to be either a building or structure.

BUFFER

A portion of a tract designed, constructed and maintained to separate the elements and uses of lands which abut each side. It shall function to effectively block the transmission of noise, glare and dust from one side to another at all times and seasons of the year.

BUILDING

Any structure having enclosing walls and roof, permanently located on the land.

BUILDING AREA

The aggregate of the maximum horizontal cross section areas of all buildings on a lot 18 inches or less above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys greater than 18 inches above the ground level projecting not more than 18 inches out from the building, excluding bay windows not extending through more than one story and/or 18 inches or less above the ground level and not projecting more than five feet out from the building, and excluding steps, unenclosed porches whether covered or not, decks whether covered or not, and balconies. "Building area" shall also include the area of covered porches, breezeways, or covered patios which have impervious floor surfaces and which are attached to a building.

BUILDING COVERAGE

The total building area on a lot divided by the lot area.

BUILDING FOOTPRINT

Same as "building area" as herein defined.

BUILDING SETBACK LINE

The rear line of the minimum front yard, as herein designated for each district, measured from the street line.

BUILDING, PRINCIPAL

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

CABARET

A restaurant, cafe, tearoom, tavern or bar which also provides, at any time, dancing and/or live entertainment (including but not limited to disc jockeys), except that live background instrumental music, while dining, when such background music is performed by a single musician playing either a piano, organ, violin or accordion, shall not be considered live entertainment.

CCRC PARKING GARAGE

A building or open parking structure used for the parking or storage of more than four passenger motor vehicles designed to carry not more than nine persons, wherein provision for the repair of such vehicles is not made.

CEMETERY

Burial place or graveyard, including mausoleum, crematory or columbarium.

CHARGING

The act of an electric vehicle being parked at an electric vehicle charging station and connected to a functioning electric vehicle supply equipment port and actively being charged.

CHILD DAY-CARE CENTER

The premises in which care is provided at any one time for seven or more children unrelated to the operator.

CLINIC

Ambulatory health care facility, generally including a number of medical, dental and/or mental health specialties, in which examinations, diagnostic and preventive health services and treatment are provided for patients on an out patient basis, generally on a walk-in or first-come-first-served basis; a clinic is characterized by centralized facilities and services, including patient records storage/management, waiting areas and laboratory and other diagnostic and testing facilities. It is typically managed by a single institution or corporation and is distinguished from a medical office building wherein individual offices or suites are leased or sold to a health care provider or group of same and wherein the health care provider(s) in one office or suite does not necessarily have any corporate, managerial or similar relationship to the health care provider(s) occupying other offices or suites in the building. It typically consists of several medical professionals who change over on a regular basis and none of which have a recurring patient roster.

CLUB

A voluntary, nonprofit, incorporated or unincorporated association for the purpose of social, literary or political nature.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.

COMMERCIAL SCHOOL

Trade and professional school; arts, music or dancing school.

COMMUNITY CENTER

Adult education center or other similar facility operated by an educational, philanthropic or religious or governmental institution.

COMMUTER RAIL STATION

A facility which incorporates, but is not limited to, a railroad station building, including ticket office, passenger waiting room, taxi stand and bus shelter, canopies, platforms, parking areas for the use of commuters, patrons and employees, passenger pickup areas, bus layover areas and appurtenant features which provide safe, convenient and amenable boarding, alighting and waiting for a passenger train or other transportation services.

COMPREHENSIVE PLAN

The Whitemarsh Township Comprehensive Plan and amendments thereto, including maps, charts and/or descriptive matter officially adopted by the Township Planning Commission and Board of Supervisors, indicating recommendations for the continuing development of the municipality; and including all elements required by the Pennsylvania Municipalities Planning Code, as last amended.

CONDITIONAL USE

A use permitted in a particular zoning district by the Board of Supervisors of Whitemarsh Township.

CONDOMINIUM

A dwelling unit as defined in the Unit Property Act of July 3, 1963, P.L. 196 (68 P.S. § 700.101 et seq.).

CONFERENCE CENTER

A building or series of buildings used primarily as a professional meeting and training facility for 50 or more persons, which shall include related lodging and dining facilities and may include recreational facilities, service stores and other similar facilities for use by conference participants and employees, and which may also include any of the following as an accessory use:

A. Lodging of persons who are not conference participants, provided that no centralized reservation system is used to promote the availability of such lodging:

(1) On Fridays, Saturdays, Sundays, public holidays and days immediately following and preceding such public holidays, provided that such lodging shall not be permitted for more than 75% of the rooms available or 90 rooms per day, whichever is less, during the months of May through October, and shall not be permitted for more than 40% of the rooms available or 50 rooms per day, whichever is less, during the months of November through April.

(2) On all other days, provided that no mass media form of advertising is used to promote the availability of such lodging, and further provided that such weekday lodging shall not be permitted for more than 35% of the rooms available or 40 rooms on any such weekday, whichever is less.

B. Dining for:

(1) Lodgers permitted under Subsection A above; and

(2) Persons who are not conference participants or lodgers on Fridays, Saturdays, Sundays, public holidays and days immediately following or preceding such public holidays, provided that not more than 350 seats shall at any one time be made available for such dining.

C. Recreation for lodgers permitted under Subsection A above.

D. Prescheduled and contracted special functions (e.g., wedding receptions, corporate picnics, Mother's Day brunches, retirement dinners, charity auctions, etc.), subject to the condition that any such functions or part of such functions held outdoors shall be concluded no later than 11:00 p.m. and shall not include the amplification of music if such amplification would result in the music being audible from off the premises.

E. Prohibited uses: cabaret, nightclub, public trade show, exhibitions, tours, happy hours, religious revivals or the sale or service of alcoholic beverages later than 1:00 a.m.

CONGREGATE BUILDING

One or more principal buildings within a continuing-care retirement community which contain residential, dining, social, recreational, assisted living, nursing care, medical, and administrative facilities designed to serve and support the residents of the community and their guests.

CONSERVATION DESIGN OVERLAY DISTRICT OPEN SPACE

Land (including land covered with water, or subject to easements for community wells) which is the subject of a perpetual, legally binding conservation easement in favor of the Township or, with Township consent, a conservation organization qualified to accept charitable donations of conservation easements. Such easement shall run with the land and prohibit the construction of structures for residential, office, commercial, industrial or other use (other than agricultural accessory structures for agricultural uses existing or permitted in the zoning district in which the land is located) and shall vest in the Township or other approved entity the right to enforce the use, maintenance and management restrictions and obligations upon such land. Conservation Design Overlay District open space shall hereinafter be referred to as "common open space."

CONSERVATION FEATURES MAP

A map adopted as part of the Township Comprehensive Plan depicting primary and secondary conservation features for the purpose of creating an interconnected system of common open space and recreation areas.

CONSERVATION FEATURES, PRIMARY

Natural features found on the Township?s Conservation Features Map which have development constraints placed upon them during development of a tract. These features are floodplain and flood-prone areas, wetlands, steep slopes over 25% and riparian corridors.

CONSERVATION FEATURES, SECONDARY

Natural or man-made features found either on the Township?s Conservation Features Map (or listed elsewhere in other Township documents) that the Township desires to preserve during the land development process. The extent to which these features are preserved on an individual site will be determined on a case-by-case basis during the land development process. These features are woodlands, important farmland soils, steep slopes between 8% and 25%, scenic roads and vistas, and historic or cultural resources.

CONTINUING-CARE RETIREMENT COMMUNITY

A development, licensed by the Commonwealth of Pennsylvania or other agencies with jurisdiction, consisting of residential dwelling units exclusively for persons who are 62 years of age or older and for couples with one or both of the couple being 62 years of age or older, and containing certain support facilities specifically designed for these individuals. Such developments shall include independent living units, assisted living facilities, and skilled nursing care beds, and may also include the following congregate facilities and services for the exclusive use of residents and their guests: dining facilities; physical therapy facilities; auditoriums; recreation facilities; limited on-site retail and service facilities, as specified in § 116-254: Use regulations.; and other customary ancillary services.

CONTOUR INTERVAL

The distance, in scale feet, between successive contour lines.

CONTOUR LINE

A line connecting the points on a land surface that have the same elevation.

DAY CAMP

A camp for minor children conducted between 10:00 a.m. and 5:00 p.m., but excluding Saturdays and Sundays.

DENSITY

A measure of the number of dwelling units per acre. It is calculated by dividing the total number of dwelling units by the site area.

DEVELOPABLE ACRE

All land within the lot lines except that located within existing street rights-of-way, floodplains and land continuously covered with water.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, regrading, excavation, mining, dredging or drilling operations.

DEVELOPMENT PLAN

The provisions for development; a plat of subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; streets, ways and parking facilities; common open space and public facilities.

DEVELOPMENT RIGHTS

The rights of the owner of a parcel of land, under land development regulations, to configure that parcel and the structures thereon to a particular intensity for residential uses.

DISTRIBUTED ANTENNA SYSTEM (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

DWELLING

A building designed for and occupied exclusively for residential purposes, excluding, however, a hotel, rooming house, tourist home, institutional home, residential club, motor court and the like.

A. DETACHED DWELLING

One with no physical connection to a building on another lot.

B. SEMIDETACHED DWELLING
One of two dwellings with a single party wall common to both.

C. ATTACHED DWELLING
A dwelling having one or more common walls and having independent and separate exterior access in a structure of two or more dwellings. Floors and ceilings shall be considered "walls" hereunder.

D. SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively as a dwelling for one family, regardless of construction type, and including, without limitation, frame, masonry and mobile homes.

E. TWO-FAMILY DWELLING
A building designed for and occupied exclusively as a dwelling for two families.

F. MULTIPLE DWELLING
A building not a single-family dwelling nor a two-family dwelling, designed for and occupied exclusively for dwelling purposes by three or more families living independently of one another; not a row house, but customarily called an apartment house.

G. ZERO-LOT-LINE SINGLE-FAMILY DETACHED DWELLING
A single-family dwelling with no physical connection to a building on another lot which has all or part of one wall constructed on a side property line of the lot on which it is located.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

ELECTRIC VEHICLE

Any vehicle that operates, either partially or exclusively, on electrical energy that is stored on board for motive purposes. This may include, but is not limited to, a battery-operated vehicle or a plug-in hybrid vehicle.

ELECTRIC VEHICLE (EV) CHARGING STATION

Charging station equipment that has, as its primary purpose, the transfer of electric energy to a battery or other energy storage device in an electric vehicle.

EMERGENCY

A condition that:

A. Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

B. Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EXTRACTION

The removal of mineral deposits from the ground by quarrying, mining, digging, dredging, blasting or any other form of excavation.

FAMILY

A. Any number of individuals living together on a nontransient basis as a single housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children; no more than five unrelated individuals living together as a single housekeeping unit and doing their cooking on the premises, except when an application for a special exception to enable a greater number of unrelated individuals to occupy a dwelling unit is reviewed and approved by the Zoning Hearing Board, as provided in this chapter. The definition of "family" shall not apply to the occupants of a club, fraternity house, lodge or residential club.

B. Notwithstanding the definition in Subsection A of this definition, a "family" shall also be deemed to include any number of mentally or physically handicapped persons occupying a dwelling unit as a single, nonprofit housekeeping unit, if such occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.

FAMILY CHILD DAY-CARE HOME

A home other than the child?s own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator.

FCC

Federal Communications Commission.

FLOOD

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

FLOODWAY

The area designated as "floodway" in the "Flood Insurance Study, Township of Whitemarsh, Montgomery County, Pennsylvania," prepared by the Delaware River Basin Commission for the United States Department of Housing and Urban Development, Flood Insurance Administration.

FLOODWAY FRINGE

The Floodplain Conservation District, exclusive of the floodway.

FLOOR AREA

The sum of the total horizontal areas of the several floors devoted to a particular use of a building or structure, including any space devoted to incidental purposes related thereto, as measured from the exterior faces of enclosing walls or partitions hallways, stairs, closets, columns or other features. The terms "floor area" and "gross floor area" shall be synonymous.

FOOTCANDLE

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

GARAGE, PRIVATE

An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than two commercial vehicles or trucks may be stored in a private garage.

GARAGE, PUBLIC

A building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.

GARAGE, STORAGE

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

GASOLINE SERVICE STATION

Any area of land, including structures thereon, or any building or part thereof, which is used for the sale of gasoline or other motor vehicle fuel or accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs.

GLARE

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

GREEN SPACE AREA

Any area that is not covered by buildings or paving and is available and used for retention and maintenance of natural vegetation and for absorption of stormwater for groundwater discharge, including, by way of example, landscape features such as planting beds, planted islands, landscaped buffers and screens, lawn areas, woods and hedgerows. Decorative stone and mulch ground covers may be included if placed upon an earth surface.

GREENWAY

A linear park or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and the conservation of open space or natural areas.

GROUP CHILD DAY-CARE HOME

The premises in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another level who are unrelated to the operator. The term includes a facility located in a residence or another premises.

GROUP HOME

A residential facility used as living quarters by any number of unrelated persons requiring special care, and their attendant adult supervisors, specifically designed to create a residential setting for the mentally and physically handicapped (as a special exception). The individuals may be either transient or permanent residents. Any number of handicapped persons, as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit.

HEIGHT OF BUILDING

A building?s vertical measurement from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof on the highest roof plane. For buildings with multiple roofs, the point midway between the highest and lowest points of the roof shall be measured on the highest roof plane of the highest roof. In no case shall the lowest and highest points be on different roofs or roof planes. For buildings with flat roofs, the height shall be measured to the surface of the highest roof. A flat roof is defined as one having a maximum slope ratio of 1:48 or a maximum slope of 2.1%.

HEIGHT OF STRUCTURE

For structures that are not buildings, the height is the structure?s vertical measurement from the mean level of the ground surrounding the structure to the highest point on the structure or to the highest point of any antenna or other attachment on the structure.

HISTORIC OR CULTURAL RESOURCES

Man-made structures or artifacts, including but not limited to farmhouses, barns, springhouses, stonewalls or graveyards; may also include places where historic events occurred (such as battlefields or campsites, birthplaces of famous persons, dwellings designed by noted architects, etc.) and abandoned roads, established footpaths or trails, or scenic vistas. Such resources may or may not be listed on official registers of historic structures.

HOME OCCUPATION

An occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises. The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital or any other similar use shall not be deemed to be a home occupation.

HOSPITAL

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illnesses, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, medical offices and staff residences.

HOTEL

A building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons.

ILLUMINANCE

Quantity of light, measured in footcandles.

IMPERVIOUS GROUND COVER

That portion of a tract where, due to surface coverage, the water runoff coefficient is 0.90 or more, as designated by the Township Engineer.

JUNKYARD

A lot, land or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LIBRARY

Library open to the public or connected with a permitted educational use.

LIGHT TRESSPASS

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

An off-street space exclusive of access area, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading 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 total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the street line only. "Lot area" shall not include any area designated as right-of-way.

LOT LINE

Any boundary line of a lot.

A. LOT LINE, REAR -- Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the lot line furthest from any street shall be considered a rear lot line.

B. LOT LINE, SIDE -- Any lot line which is not a street line or a rear lot line.

LOT WIDTH

The distance measured between the side lot lines at the required building setback line. In the case where there is only one side lot line, lot width shall be measured between such lot line and the opposite rear lot line or street line.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. A mobile home shall not include recreational or travel trailers.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

MONOPOLE

A WCF or site which consists of a single-pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

MOTOR COURT or MOTEL

A building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.

MUSEUM

Museum or gallery open to the public and not conducted as a private, gainful business.

NO-IMPACT HOME-BASED BUSINESSES

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 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.

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

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, 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 this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter 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 this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCF shall not include support structures for antennas and related equipment.

NURSING HOME

A building, or part thereof, used for the lodging, boarding and nursing care, on a twenty-four-hour basis, of four or more persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person.

OCCASIONAL LANDING

Touchdown and liftoff of rotary-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo in conjunction with a special event as approved by the Board of Supervisors upon seven days' notice; when necessary for emergencies or law enforcement purposes; or in conjunction with a construction project where a helicopter is used to lift equipment in connection with such project.

OFF-SITE OUTDOOR ADVERTISING SIGN OR BILLBOARD

A freestanding sign which directs attention to a business, commodity, service or entertainment facility that is not located, conducted, sold or offered upon the premises where such sign is located, or which calls attention to a candidate, cause, public issue or any other kind of paid or unpaid commercial or noncommercial message.

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. For the purposes of this chapter, the ?one-hundred-year flood? (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study.

OPEN SPACE

A portion of a tract available and accessible for use by the public and/or residents of the tract, generally undeveloped. Open space may include areas of steep slopes, floodplains and other significant features to be preserved. Open space shall not include streets or street rights-of-way, parking areas, yards and lots of individual dwelling units or other public improvements nor does it include required buffer areas. Open space uses may include active and passive recreation.

OVERBURDEN

The material or strata overlaying mineral deposits.

PARK OR RECREATIONAL FACILITY

An outdoor park or recreational facility, including day camp, driving range, swim club, tennis club, stables and athletic fields.

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle, not less than nine feet wide and having an area of not less than 162 square feet exclusive of passageways or other means of circulation or access, provided that the dimensions of handicapped (accessible) parking spaces shall be based upon the requirements set forth in the latest edition of the International Building Code and ANSI standards, as implemented by the Township in accordance with the Construction Code Act, 35 P.S. 7210.101 to 7210.1103, as amended, and the Uniform Construction Code, 34 Pa. Code, Part XIV, as amended.

PARKING SPACE, ALL-WEATHER

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

PARKING, RESERVED

Required parking spaces that are shown on a recorded development plan in dashed lines and that are not installed when the development is initially constructed, but which must be installed if required by the Township at some future date or at the time when desired by the applicant.

PERFORMANCE STANDARDS

Measures and standards by which the suitability of a proposed use can be measured by the extent of its external effect.

PERSONS

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township or to any department or agency of the Township.

PLACE OF WORSHIP

Places of religious worship and their adjunct residential dwellings for clergy and support staff; adjunct social, recreational and educational uses directly administered by the religious institution; and nursery school and kindergarten.

PRINCIPAL BUILDING PLANE

An imaginary line coterminous with the outermost wall or outermost point on a specified face of the principal building parallel to its closest lot line.

A. FRONT PRINCIPAL BUILDING PLANE
The building plane parallel to the street or front lot line; see Illustrations 1A and 1B.

B. REAR PRINCIPAL BUILDING PLANE
The building plane parallel to the rear lot line; see Illustrations 1A and 1B.

Front and Rear Principal Building Planes

C. SIDE PRINCIPAL BUILDING PLANE
The building plane parallel to, and closest to, the respective side lot line; see Illustrations 2A and 2B.

PRIVATE CLUB

Private social or fraternal club, without lodging facilities, other than a private recreational facility or country club.

PRIVATE USE HELIPORT

An area of land, water or a structure used or intended to be used for the landing and takeoff of helicopters, sometimes known as "helistop," approved by the Pennsylvania Department of Transportation and the Federal Aviation Administration for the purpose of picking up or discharging passengers or cargo, restricted to use of the owner or to persons authorized by the owner only. No fueling, helicopter repair or storage areas or operation of helicopters for hire or for a fare are permitted in conjunction with the operation of a private use heliport.

PUBLIC AMENITY

A resource, convenience, facility or benefit available to the general public for their use and/or enjoyment, with or without charge (e.g., restrooms, boat launches, scenic overlooks, recreation facilities, etc.). Access to public amenities shall be provided even when located on private land.

PUBLIC UTILITIES FACILITIES

A building or structure and its equipment, used for transmission and exchange of telephone, radio telephone, gas power, sewer and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.

QUARRY

A place where mineral deposits are being or have been extracted from the ground.

RECEIVING DISTRICT

One or more districts in which the development rights of parcels in the sending district may be used.

RECEIVING PARCEL

A parcel of land in the receiving district that is the subject of a transfer of development rights, where the owner of the parcel is receiving development rights, directly or by intermediate transfers, from a sending parcel, and on which increased density and/or intensity is allowed by reason of the transfer of development rights.

RECONSTRUCTION

As applied to a building or structure, a total or partial replacement or renovation to any exterior wall, foundation or projection so as to affect the exterior dimensions of said building or structure.

REGRADE

To alter the elevation of the existing ground surface.

RESIDENTIAL DISTRICTS

AAAA, AAA, AA, A, B and C Residential Districts; Apartment House District LR and HR; AD Attached Dwelling District; MHP Mobile Home Park District and CCRC Continuing-Care Retirement Community District.

RIGHT-OF-WAY or ROW

The surface of and space above and below any real property in the Township in which the Township, Montgomery County or the Commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, Montgomery County or the Commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township, Montgomery County or the Commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

ROADSIDE STAND

A temporary structure not exceeding 10 feet in height and 100 square feet in area.

ROOMING HOUSE

A dwelling, not a single-family or two-family dwelling, apartment house or hotel, providing lodging, with or without meals, and having lodging accommodations for less than 10 guests. (See "tourist home.")

SANITARY SEWAGE SYSTEM

A system of sanitary sewage collection, including a sewage treatment plant, approved by the proper state and Township authorities; specifically excluded are cesspools, septic tanks, French drains, tile fields and any other on-site system which does not employ an approved sewage treatment plant.

SCHOOL

Any public, parochial or private place of instruction, including any adjunct dormitories and other uses customarily incidental to a school, not including institutions of higher learning, having regular sessions with regularly employed instructors, which teaches those academic subjects that are fundamental and essential in general education and which provide kindergarten, elementary, secondary stages of education, or a vocational school under the supervision of a state or lawfully constituted ecclesiastical governing body and with standards of instruction meeting the requirements of the Commonwealth of Pennsylvania, but excluding any privately operated schools of trade, vocation, avocations and business.

SCHOOL-AGE CARE

Supervised child day care in a departmentally certified facility during the hours when a child is not required to attend school.

SENDING DISTRICT

One or more districts in which the development rights of parcels in the district may be designated for use in one or more receiving districts.

SENDING PARCEL

A parcel of land in the sending district that is the subject of a transfer of development rights, where the owner of the parcel is conveying development rights of the parcel, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights.

SIGN

Any name, nameplate, emblem, painting, banner, pennant, placard, billboard, poster, panel, display, illustration, structure or other device, illuminated or nonilluminated, used for visual communication which is affixed, painted or represented directly or indirectly upon a building, freestanding structure or other outdoor surface or on the interior of the building visible from the exterior for the purpose of bringing the subject thereof to the attention of passersby or advertising a business, commodity, service or product or for identifying a business, structure or use of land on which the sign is located.

SIGN AREA

The area of the largest single face of a sign within a perimeter which encompasses the outside shape, including any form which is an integral part of the display, subject to the following:

A. For double-sided signs or V-type signs, the interior angle of which does not exceed 45°, only one side shall be applicable in computing sign area;

B. For-double-sided signs or V-type signs, the interior angle of which exceeds 45°, both sides shall be used in computing sign area; and

C. The area of all irregularly shaped signs, including signs consisting of separate modules, figures or letters, shall be deemed to be the total square footage of the smallest single square or rectangle into which all the separate modules, figures or letters which comprise the irregularly shaped and/or modular sign would fit.

SIGN, FACIAL

A sign attached parallel to and projecting not more than 16 inches from a wall or other building surface.

SIGN, GROUND

A freestanding sign and its supports which is imbedded in or anchored to the ground.

SIGN, MONUMENT

Any sign that incorporates a decorative base, often of stone or masonry, placed upon or supported by the ground. Monument signs do not include support posts or other column-like structures to raise the bottom of the sign above the grade surrounding the sign.

SIGN, PORTABLE

Any sign not permanently attached to the ground or to a building or building surface.

SIGN, PROJECTING

A sign attached to and projecting more than 16 inches from a wall or other building surface.

SITE

A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into two or more lots.

SITE AREA

All land area within the site as defined in the deed. Area shall be from an actual survey rather than from a deed description.

SOLAR ENERGY

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

SOLAR ENERGY SYSTEM

Any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity that may be mounted on a building or on the ground and is not the primary use of the property.

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

SPECIAL EXCEPTION

Permission or approval granted by the Zoning Hearing Board in accordance with this chapter in situations where provision therefor is made by the terms of this chapter.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.

STEEP SLOPE

A land grade in excess of 8%.

STEEP SLOPE RATIO

A measurement calculated by dividing the total area of all steep slopes within the site or lot by the site area or lot area, respectively.

STOCKPILE

An artificial embankment or pile of excavated material, including, without limitation, topsoil, overburden, stone and similar materials placed for purposes of storage, processing and/or sale, but excluding berms.

STREET

A right-of-way municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for sewers and public utilities. For the purposes of this chapter, no street shall be considered less than 50 feet in width.

STREET LINE

The dividing line between a lot and the existing boundary of a public street or between a lot and a privately owned street over which the owners of two or more lots have the right-of-way; however, where an ultimate right-of-way traverses a lot, setbacks shall be computed from such ultimate right-of-way and not from the street's existing boundary.

STRUCTURAL ALTERATION

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

STRUCTURE

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

SUBSTANTIALLY CHANGE

A. Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

B. Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

TOPSOIL

The horizon of land or that layer of soil ordinarily removed in tillage or its equivalent in uncultivated soil about five to eight inches in thickness.

TOT-LOT

A designated play area for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot-lot area shall be defined by the edge of the resilient surface of safety material, such as wood or plastic curbing, or any other material surrounding the tot-lot area.

TOURIST HOME

A dwelling in which sleeping accommodations for fewer than 10 persons are provided for compensation.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

TOWNSHIP

Township of Whitemarsh, Montgomery County, Pennsylvania.

TRACT AREA

All land area within the site as defined by the deed. The tract area shall be calculated from an actual survey of the property rather than from the deed description.

TRAILER PARK

Any land used or designated to be used as parking space for more than one house trailer.

TRAILER, HOUSE

Any vehicle used for living or sleeping purposes.

TRANSFERABLE DEVELOPMENT RIGHTS

The attaching of development rights to specific lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed more appropriate.

TRANSFEREE

The person or legal entity, including a person or legal entity that owns property in a receiving district, who purchases the development rights.

TRANSFEROR

The landowner of a parcel in a sending district.

ULTIMATE RIGHT-OF-WAY

The future or planned width of highway in the public domain as shown on the Official Ultimate Right-of-Way Map of the Township.

USE

The purpose for which either land or a building is arranged, designed or intended or for which either land or building is or may be obtained.

A. MAIN USE
A principal or dominant use.

B. ACCESSORY USE
A use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto. See § 116-24: Accessory uses and structures. for uses included in this definition as accessory to agricultural and residential uses.

VARIANCE

Permission or approval granted by the Zoning Hearing Board in accordance with this chapter, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific piece of property.

VEGETATION

Plant materials, including but not limited to trees, shrubs, grasses and flowers.

WETLAND

Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation and wildlife, typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. Such areas are also important for recharging groundwater aquifers.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Township owned land or property.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

YARD

An open area on a lot, unobstructed from the ground up, extending along a lot line or street line and inward from said lines. The minimum dimension of a required yard shall be as provided for each district and shall be measured the shortest distance between the lot line or street line and a line parallel to such lines.

A. YARD, REQUIRED FRONT
A yard between the street line and building setback line extending the entire length of the street line and building setback line. In the case of lots which front on more than one street, the yard extending along each street is a required front yard.

B. YARD, REQUIRED REAR
A yard between the rear lot line and a line parallel to said rear lot line extending the entire length of the rear lot line and the width of the lot.

C. YARD, REQUIRED SIDE
A yard between the side lot line and a line parallel to said side lot line extending from the front yard to the rear yard, in the case of a lot having no street frontage or a lot of odd or irregular shape. Any yard that is not a front yard or a rear yard shall be considered to be a side yard.

ZONING OFFICER

An individual appointed to administer, etc., the Zoning Ordinance (this Chapter 116).

Data for informational use only. Got it!

MapLink™ | Definitions

Data for informational use only. Got it!

Township of Whitemarsh, PA

MapLink™ | Definitions