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Hopewell Township Washington County
City Zoning Code

ARTICLE III

Terminology

§ 320-301 Word usage.

For the purpose of this chapter, certain terms and words shall be interpreted or defined as follows:
A. 
Words used in the present tense shall include the future.
B. 
Words used in the singular shall include the plural and the plural shall include the singular.
C. 
The word "person" includes a corporation as well as an individual.
D. 
The word "lot" includes the word "plot" or "parcel."
E. 
The term "shall" is always mandatory.
F. 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
G. 
The word "building" includes the word "structure."
H. 
The word "erected" shall include the word "constructed."
I. 
The word "moved" shall include the word "relocated."

§ 320-302 Definitions.

[Amended 11-10-2025 by Ord. No. 02-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.
ACCESS DRIVE
A driveway leading from an area designated for parking to a street.
ACCESS ROAD
Ingress and egress from a municipal or state road providing private access to an oil and gas operation and related operations.
ACCESSORY DWELLING UNIT
A dwelling unit which has been authorized to be established by the Township Zoning Hearing Board pursuant to this chapter, which is occupied by a person or persons related by blood or marriage to the resident/owner of the dwelling unit to which the accessory dwelling unit is subordinate, or which is occupied by a person or persons employed to provide health care, domestic housekeeping or horticultural services to the resident/owner of, and on the site of, the resident/owner's dwelling unit.
ACCESSORY FOOD OPERATIONS
Supporting production and/or preparation facilities related to food produced or processed on site.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)
A small-scale solar energy system impoundment. used to capture solar energy, convert it to electrical energy (capable of producing 15 kw or less) or thermal power and supply electrical or thermal power, for use on private property where the system is located to reduce the consumption of utility power or fuels. An accessory solar energy system consists of one or more free-standing ground, or roof mounted, solar arrays or modules, energy storage devices, or solar devices, or solar related equipment and is intended to primarily reduce on-site consumption.
ACCESSORY STRUCTURE
A structure clearly subordinate to and on the same lot as the principal structure and used exclusively for purposes constituting an accessory use, including, but not limited to, private garages, accessory dwellings, barns, swimming pools, gazebos, utility sheds, greenhouses and the like as well as buildings for housing household pets and excluding signs, antennas communication towers, communication facilities, telecommunications equipment buildings, collocation/shared use communication facilities and power-mounted/shared-use communication facilities. Operable or inoperable vehicles or any portion thereof shall not be considered accessory.
ACCESSORY USES
A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use. An accessory use may be a use of land or a building or structure.
AGRICULTURAL SALES
An enterprise engaged in the commercial production and preparation for market of crops, poultry and poultry products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, poultry, poultry products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. Agriculture activities do not include community gardens and market gardens.
AGRICULTURE
Any use of land or structures for farming, dairying, pasturage, horticulture, floriculture, arboriculture or animal or poultry husbandry.
AGRITOURISM
The use of agricultural areas as destinations for education, recreation and/or the purchase of agriculturally derived/oriented products and/or services.
ALLEY
See "street."
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.
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod or any other structure that supports a device used in the transmitting or receiving of radio frequency energy.
APPLICANT
The individual or entity seeking permission or authorization under the provisions of this chapter to engage in an activity in whole or in part by this chapter. The applicant may be a person, partnership, business or corporation.
AUTO REPAIR
The use of land, including any structures thereon, or any building or part thereof, that is used for the mechanical and/or body repairs of motor vehicles and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
BANKS
A business establishment specializing in financial services including, but not limited to, savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, lessors, lessees, buyers, sellers, agents and developers of real estate.
BASE ZONING DISTRICT
A finite area of the Township, as designated by its boundaries on the Zoning Map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings and structures. The regulations of a base zoning district may be supplemented or altered by regulations imposed in an overlay zoning district.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BED-AND-BREAKFAST
A dwelling that is the principal residence of the operator where no more than four sleeping rooms are offered to transient overnight guests for compensation and where the only meal served and included with the overnight accommodations is breakfast.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Hopewell.
BOAT/RV STORAGE
A fully enclosed structure for the use of storing motorized or nonmotorized watercraft and/or recreational vehicles where such structure meets the applicable requirements of the building code and/or recommendation of the Fire Chief.
BOWLING ALLEYS
A recreation facility open to the general public that charges a fee for its use.
BUILDING
A combination of materials to form a permanent structure usually having walls and a roof. Included shall be all manufactured homes and/or mobile homes to be used for human habitation which are placed on a site for more than 180 consecutive days.
BUILDING FRONT
The length of that portion of a building parallel to and adjacent to the street right-of-way.
BUSINESS SERVICE
A business establishment which renders service primarily to other commercial or industrial enterprises as opposed to focusing on retail level activities.
BY RIGHT
A use permitted by this chapter without any special consideration having to be given by the Township Zoning Hearing Board or the Township Board of Supervisors.
CANOPY
A roof-like structure which can be an accessory structure to the principal use on the lot or can be partially attached to the principal structure. When over pedestrian sidewalks and walkways, canopies must maintain a minimum eight-foot clearance above the ground surface.
CAREGIVER
The individual designated by a patient to deliver medical marijuana.
CEMETERIES
A lot used for, or intended to be used for, the burial of human and/or domesticated animal remains, including, but not limited to columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within its boundaries.
CERTIFIED MEDICAL USE
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth.
CERTIFIED MODULAR LARGE VOLUME TANKS (MLVTS)
For the purposes of this chapter, MLVTs include any aboveground, fully enclosed tank field assembled from multiple uniform factory prepared components which provides primary containment for 100,000 barrels or more of fluids. By this definition, MLVTs are typically field-assembled on an oil and gas location for temporary use or are dismantled for movement to a different location following their use. This shall include modular large volume tanks (MLVTs) that meet American Water Works Association (AWWA) standards or standards deemed to be acceptable by the Township. Only for use in association with oil and gas development and related operations.
CERTIFIED WATER STORAGE FACILITIES
An aboveground assembly of fluid storage containers that are each certified by a nationally recognized testing laboratory or organization such as the ASA, American Petroleum Institute, ASTM International, the American Society of Mechanical Engineers, or the American Water Works Association and used to hold fresh water and/or reuse water for use in oil and gas development and related operations.
CLINICAL REGISTRANT
An entity that:
A. 
Holds a permit both as a grower/processor and a dispensary; and
B. 
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.
COMMERCIAL RECREATION
An indoor or outdoor recreation facility which is operated as a business for profit and which is open to the general public for a fee including, but not limited to, such facilities as parks, playing fields, swimming pools, tennis centers, skating rinks, bowling alleys, pool halls, miniature golf, driving ranges, fitness centers and similar facilities.
COMMERCIAL SCHOOLS
A privately operated, for-profit establishment providing technical or skilled training, vocational or trade educational courses and programs.
COMMON DRIVEWAY
A driveway providing frontage for dwelling units in a cluster development master planned development which is part of the common open space.
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, designed to be owned in common by all those having ownership in the development, which may include common drives, utilities, stormwater control facilities, recreation facilities.
COMMUNICATION ANCILLARY EQUIPMENT
The buildings, cabinets, vaults, enclosures, and equipment required for operation of all communications antennas, including, but not limited to, repeaters, equipment housing, ventilation, and other mechanical equipment.
COMMUNICATION ANTENNA
Any antenna device, including mounting and supporting fixtures, conduits, ducts, electronics, and control boxes, used for all types of wireless communication services, such as radio, television, cellular phone, pager, mobile radio, internet, or any other wireless communication, regardless of the geographical area the transmission of signals is intended to serve. This definition shall include data collection units, distributed antenna systems, small cell communications systems, and similar systems. This definition shall not include private, residence-mounted radio, television, citizens band, or amateur radio antennas; GPS surveying equipment or their supporting structures; any antenna device that is installed to boost emergency 911 signals within a building, structure, or site; or any antenna device that is otherwise located wholly within a building and designed for the primary purpose of transmission of signals to users within such building.
COMMUNICATION ANTENNA SITE
The entire site area located outside of a public right-of-way that includes the boundaries of the leased or owned property surrounding a communications antenna and all other support structures and ground-mounted communications ancillary equipment necessary to operate the communications antenna and any access or utility easements related to the site.
COMMUNICATION ANTENNA, BUILDING-MOUNTED
A communication antenna that is attached to and supported by a building, or any portion thereof.
COMMUNICATION ANTENNA, UTILITY-MOUNTED
A communication antenna that is attached to and supported by a utility pole, traffic light pole, streetlight or similar structure, excluding a building.
COMMUNICATION TOWER
Any structure that is used for the primary purpose of supporting one or more communications antennas, such as self-supporting lattice towers, guy towers, and monopoles, but excluding buildings, utility poles, traffic light poles and streetlights. This definition shall also not include any communications tower that may be required for the following events:
A. 
Any temporary communications tower constructed for a special event, provided that the tower will not be located on the premises for more than 30 days; that the height of the tower will not exceed 100 feet; and that the tower will be set back from all property lines at a distance that is equal to its height including all attached communications antennas.
B. 
Any temporal communications tower that may be required in response to a natural disaster or another emergency event.
COMMUNICATION TOWERS FACILITIES
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.
COMPRESSOR
A device that raises the pressure of natural gas and/or by-products. Compressors are any devices that create a pressure differential to move or compress vapor or a gas. Any such device used alone or in series to adequately move a vapor or a gas is considered a compressor.
COMPRESSOR STATIONS
A facility designed and constructed to compress natural gas that originates from a single well site or a collection of well sites and to remove water or water vapor from the natural gas, which operates as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, processing plant or underground storage field, including one or more natural gas, electric compressors, associated buildings, pipes (other than regulated or unregulated local distribution system, gathering system or transportation lines served by the compressor station), valves, tanks and other equipment.
CONDITIONAL USE
A use permitted only in a particular zoning district pursuant to the provisions set forth in this chapter.
CONTROLLED SUBSTANCES
A drug, substance or immediate precursor as defined in Schedules 1 through 5 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
CONVENTIONAL WELL
A conventional gas well, also known as a traditional well, is a well that produces oil or gas from a conventional formation. Conventional formations are variable in age, occurring both above and below the Elk sandstone. While a limited number of such gas wells are capable of producing sufficient quantities of gas without stimulation by hydraulic fracturing, most conventional wells require this stimulation technique due to the reservoir characteristics in Pennsylvania. Stimulation of conventional wells, however, generally does not require the volume of fluids typically required for unconventional wells.
DATA COLLECTION UNIT
A communication antenna that is utilized as a means to collect data regarding the usage of a specific service, which is then used to enhance operations of the service provider, such as the antenna and equipment associated with wireless smart meters utilized by a public or private utility company.
DEEP INJECTION WELLS (CLASS II WELL)
Wells used to inject fluids associated with the production of oil and natural gas or fluids and compounds used for enhanced hydrocarbon recovery. These wells normally inject below the deepest underground source of drinking water (USDW) except in cases where the USDW contains producible quantities of oil or gas and are defined as Class II wells by the United States Environmental Protection Agency (EPA).
DEP
The Pennsylvania Department of Environmental Protection (DEP), the commonwealth agency responsible for overseeing and administering environmental laws and regulations within Pennsylvania.
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.
DISABILITY
An individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual; record of such an impairment; or being regarded as having such an impairment.
DRILLING
Any digging or boring activity of a new well or reworking of an existing well to explore, develop or produce oil, gas or other hydrocarbons or to inject gas, water or any other fluids or substances into the earth.
DRIVEWAY
A private vehicular way providing access between a street and a parking area or garage located on a lot.
DWELLING UNIT
A building or part of a building including cooking, living and sanitary facilities, designed and intended for occupancy by one person or family. A travel trailer occupied less than 180 days, boardinghouse or rooming house, convalescent home, skilled nursing home, life care facility, fraternity or sorority house, hotel, motel, inn, bed-and-breakfast home, lodge or other similar use shall not constitute a dwelling unit.
EASEMENT
The right to use or reserve the property of another for a specified purpose.
EAT/DRINK PLACE
Retail establishments selling food and drinks for immediate on-site consumption with no waiter service (such as lunch counters, coffee bars, pizza and refreshment stands).
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.
ENVIRONMENTAL STABLE
The proper placing, grading construction, reinforcing, lining and covering of soil, rock or earth to ensure their resistance to erosion, sliding or other movement, as well as prevent alteration of any kind to existing watercourse wetland or natural impoundment.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities, municipal departments or commissions, including buildings, necessary for furnishing adequate services for public health, safety or general welfare. (Shall not include private, nonpublic communication and related facilities.)
EXPLORATION
Temporary geologic or geophysical activities such as drilling in context with the zoning definition in this chapter, including seismic surveys related to the search for natural gas or other subsurface hydrocarbons.
EXTRACTION
The act or process of separating, obtaining or removing a substance, such as a mineral, including but not limited to coal, sulfur, petroleum, oil and/or gas, and including oil and gas development.
FAMILY
A single individual doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, legal marriage or another domestic bond. This definition shall not include a collective body of persons occupying a hotel, dormitory, lodge, boarding house, commune or institution.
FAMILY CHILD-CARE HOMES
A residence in which out-of-home care is provided, as an accessory use, at any one time, for part of a twenty-four-hour day, for up to and including six children who are not related to the operator and who are 15 years of age or younger. This definition does not apply to: care provided in the home of someone who is a relative to all of the children being cared for or care provided by a relative in the home of children whom are all related to each other and to the relative.
FARM CAFES
An eating establishment that prepares and serves food grown on site and within Region 5 as defined by the Pennsylvania Department of Agriculture to the greatest extent possible. The principal objective of a farm cafe is to support local agriculture and provide alternatives to the conversion of farmland through sustainable rural economic development and empowering farmers to undertake entrepreneurial endeavors which augment, support and highlight local agriculture.
FARM CAMPS
The hosting of day and overnight events for students and or guests for farm education.
FARM MARKETS
The offering for sale of fresh and packaged agricultural products directly to the consumer at an open-air market and/or combination of enclosed and open-air facility.
FARM STANDS
A stand that sells fresh agricultural produce.
FCC
Federal Communications Commission.
FIRE/EMERGENCY SERVICES
A facility or facilities which offers safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency and medical ambulance services.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
A relatively flat or lowland area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREA
The sum of the gross horizontal areas of the floors of a building measured from the interior faces of the exterior walls, excluding stairwells, elevator shafts, those portions of floor areas having a clear ceiling height of less than six feet, floor areas devoted to automobile parking (not retail sales areas) accessory to the principal use of the property, and floor areas of floors which are located at least 50% below finished grade, which are used for accessory uses.
FLOWBACK
The process of flowing a completed/fractured well for the purposes of recovering water and residual sand from the gas stream prior to sending gas down a sales line.
FORESTRY
Managing and using, for human benefit, forestlands and natural resources that occur on and in association with forestlands, including trees, other plants, animals, soil and water. This term includes, but is not limited to, the planting, cultivating, harvesting, transporting and selling of trees for commercial purposes which does not involve any land development.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana.
FRESHWATER
Any water obtained from a water purveyor or portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Freshwater does not include exploration and production fluids such as produced water, flow back fluids, or reuse water.
GAME LANDS
The use of land managed by the Pennsylvania Game Commission for hunting, trapping and fishing. A permit/license is required to do such recreational activities.
GLARE
The effect produced by light with an intensity sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
GROUP HOMES
An establishment that provides room and board in a family environment to persons who receive supervised care limited to health, social, rehabilitative or housing services. Such facilities may include child and adult services for individuals not in need of hospitalization or incarceration, but who because of age, convalescence, infirmity, disability or related circumstances require such care. Group residential facilities shall include boarding homes for children, residential child-care facilities, maternity, homes, personal care homes for adults and similar uses licensed by the Pennsylvania Department of Public Welfare, provided the scope of all such operations shall be in conformance with the regulations of this chapter. Group residential facilities shall not include institutional facilities, child day-care centers, day-care/family homes and similar uses.
HEIGHT, BUILDING
The maximum height of a building and/or structure measured from the average finished grade at perimeter of the base of the building and/or structure to the highest point of such building and/or structure but excluding those structures permitted to exceed the maximum height.
HEIGHT, FRONT FACADE
The height of the building face fronting on a public street or adjacent to the front yard area.
HELIPORT/AIRPORT
An area of land or water or a structural surface which is designed, used or intended to be used for the landing and takeoff of helicopters or airplanes, and any appurtenant areas which are designed to be used for helicopter or airplane support facilities, such as maintenance, refueling and parking.
HISTORIC STRUCTURE
For the purposes of the floodplain management regulations, and more specifically, as used in the definition of "substantial improvement," the definition of "historic structure" is 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; or
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; or
C. 
Individually listed on a state inventory of historic places in states 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 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
An activity, intended to be financially gainful, conducted within a dwelling unit, the conduct of which is clearly incidental and secondary to the use of the dwelling unit.
HOME-BASED BUSINESS, NO IMPACT
A use as defined by the Pennsylvania Municipalities Planning Code,[1] said use shall be an accessory use for the purposes of this chapter.
HOSPITALS/CLINICS
Any premises, other than a mental health establishment operated for profit, having an organized medical staff and providing equipment and services primarily for inpatient care for two or more individuals who require definitive diagnosis and/or treatment for illness, injury or other disability or during or after pregnancy, and which also regularly makes available at least clinical laboratory services, diagnostic x-ray services and definitive clinical treatment services. The term shall include such premises providing either diagnosis or treatment, or both, for specific illnesses or conditions.
HYDRAULIC FRACTURING
The process of injecting water, customized fluids, sand, steam, gas or other agents into a gas well under pressure to improve gas recovery.
IDENTIFICATION CARD
A document issued by the DOH that permits access to medical marijuana.
IMPOUNDMENTS
A facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials although it may be lined with synthetic materials, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids. The term includes holding, storage, settling and aeration pits, ponds and lagoons. The term does not include injection wells.
INSTITUTIONAL RESIDENCE
A dwelling unit within a personal care boarding home, congregate care home or skilled nursing home.
LANDSCAPE BUFFER
A use of new or existing plants, earthen mounds, fences, and/or walls located between two uses, or between one use and a public right-of-way, that is intended to lessen negative impacts, such as undesirable views, noise or light, of the more intense use on the less intense use or on the public right-of-way.
LIGHT MANUFACTURING
The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. Light manufacturing includes the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed materials, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, light weight, nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods and food products, but not including animal slaughtering, curing, no rendering of fats.
MANUFACTURED HOMES
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational and other similar vehicles when they are placed on a site for more than 180 consecutive days.
MANUFACTURING
Businesses engaged in the mechanical or chemical transformation of material or substances into new products, or engaged in assembling component parts of manufactured products if the new product is neither a structure nor other fixed improvement. A new product may be "finished" in the sense that it is ready for utilization or consumption, or it may be "semifinished" to become a raw material for a business engaged in further manufacturing.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.[2]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
A dispensary or a grower/processor of marijuana for medical purposes.
MEDICAL MARIJUANA TRANSPORT VEHICLE SERVICE
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
MINERAL EXTRACTION
Any extraction of any mineral for sale or other commercial purpose that involves removal of the surface of the earth or exposure of the mineral or subsurface of the earth to wind, rain, sun or other elements of nature. The term "mineral" includes, but is not limited to, anthracite and bituminous coal, lignite, including mining activities carried out beneath the surface of the earth by means of shafts, tunnels, other underground mine openings, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral resources.
MIXED USE
A tract of land, building, or structure that contains a variety of complementary and integrated uses that are permitted in the applicable base or overlay zoning district in which the building is located, and arranged in a compact urban form. Typically, "mixed use" includes a combination of residential and commercial/office/civic uses arranged vertically (in multiple stories of a single building) or horizontally (in adjacent buildings).
MULTIPLE-FAMILY DWELLING
A dwelling unit in a building in which dwelling units share vertical and horizontal party walls with other dwelling units.
NATURAL GAS LIQUIDS (NGL)
Components of natural gas that are liquid at the surface of in-field facilities or in processing plants. Natural gas liquids can be classified according to their vapor pressures as low (natural gasoline), intermediate (condensate), and high (liquefied petroleum gas) vapor pressure. Natural gas liquids include ethane, propane, butane, pentane, hexane and heptane. The term is commonly abbreviated as NGL.
OFFICES
A facility in which services, clerical work, professional duties and similar functions are carried out.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other liquid hydrocarbons, constituents or similar substances that are produced by drilling an oil or gas well.
OIL AND GAS DEVELOPMENT
The well site preparation, well site construction, drilling, hydraulic fracturing and/or site restoration associated with an oil and/or gas well of any depth; water and other fluid storage, impoundment located on the same parcel as a well site; and the installment and use of all associated equipment, including tanks, meters and other equipment and structures, whether permanent or temporary. This also includes the site preparation, construction, installment, maintenance and repair of other equipment and activities associated with the exploration for and production of oil and gas. This does not include oil and gas pipelines, compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities that are only authorized consistent with this chapter as a conditional use.
OIL AND GAS PIPELINES
All parts of those physical facilities regulated by federal, state or local agencies such as PHMSA, the Pennsylvania Department of Environmental Protection and/or the Federal Energy Regulatory Commission through which oil and/or natural gas moves in transportation, including pipe, valves, and other appurtenances attached to pipes, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.
OPERATOR
Any person, partnership, company, corporation, and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, developing or transporting oil or gas.
PARKS
Land that is designated and used by the public for active or passive recreation.
PHMSA
Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation that regulates the design and installation of pipelines.
PIPELINE
All parts of those physical facilities through which gas, hazardous liquids, fresh water, salt water, or chemicals move in transportation, including but not limited to, pipe, valves and other appurtenance attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the Township, including, but not limited to, gathering lines, production lines and/or transmission lines.
PLACES OF ASSEMBLY
A building and/or lot designed for the assembly or collection of persons for civic, political, religious, educational or social purposes and where recreation, amusement or dining may occur as accessory activities. A "place of assembly" does not include a private club.
PRINCIPAL BUILDING OR STRUCTURE
The building(s) on a lot in which the principal use(s) are conducted.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)
A large-scale solar energy system used to capture solar energy, convert it to electric energy or thermal power and supply electrical or thermal power principally of the sale of commercial energy to electrical utilities. Principal solar sun. or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation or transfer of stored heat. energy systems consist of one or more free-standing ground, or roof mounted, solar collector devices, energy storage devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators and heat exchanges; substations; electrical infrastructure; transmission lines and other appurtenant structures.
PRINCIPAL USE
The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil, or naturally occurring liquids from the natural gas, including dew point control facilities. When used in this chapter, the term shall include any similar facilities performing the equivalent or similar functions.
PROTECTED STRUCTURE
Any (public/private) hospital, school, cemetery, religious institution and/or other public building located within 1,000 feet of an oil and gas development site or medical marijuana grower/processor site.
PUBLIC BUILDINGS
Any building owned or operated by a government agency, federal, state, county or local, used to provide services to the public including administrative offices, public works buildings and storage yards, libraries, museums, senior centers, recreation buildings, government service centers and similar facilities.
PUBLIC PARKS
A lot or portion of land specifically defined or set aside for use by and for the general public in both active or passive recreational uses; and includes all landscaping, facilities and apparatus, playing fields, utilities, buildings and other structures that are consistent with the general purposes of public parkland, and whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements with the public authority owning the land.
PUBLIC UTILITY INSTALLATION/SUBSTATION(S)
Any administrative building, maintenance building, garage or other structure intended for human occupancy or storage of movable equipment or any part of the essential services, as defined herein, other than the general transmission distribution system provided by public utilities, regulated by Public Utilities Commission (PUC) that is used to power, provide transmission lines, switching facilities or similar facilities to any oil and gas drilling, development or related activities.
PUBLIC UTILITY STRUCTURES
Any administrative building, maintenance building, garage or other building intended for human occupancy or storage of movable equipment owned or operated by a utility company regulated by the Public Utility Commission (PUC); or any building or structure owned or operated by a utility company regulated by the Public Utilities Commission (PUC) or any governmental agency or municipal authority that is necessary for the generation, treatment, regulation or intermunicipal distribution of essential services, as defined herein, including, but not limited to, long distance transmission facilities such as electrical power lines or high pressure natural gas or petroleum lines, switching facilities, substations, treatment plants, reservoirs, water towers, transmission towers and similar facilities.
REENTRY DRILLING
The addition of wells at a Township-approved well site after the previously approved oil and gas development was completed and the site was reclaimed.
REENTRY-RELATED OPERATIONS
The conduct of any related operations at a Township-approved site that were not included in a previous approval (permitted or conditional).
REGISTRY
The registry established by the DOH for all medical marijuana organizations and practitioners.
RELATED OPERATIONS
The activities and operations that are ancillary to oil and gas drilling, such as compressor stations, certified water storage and MLVTs, temporary work and bunk trailers, storage depots, traffic control sites and truck staging areas.
RESEARCH LABORATORY
A facility devoted to research, design, laboratory work and/or experimentation and any processing and fabrication incidental thereto, provided no materials or finished products shall be manufactured, processed or fabricated on the premises for sale except such as are incidental to said laboratory research, design and/or experimentation conducted on said premises.
RESIDUAL WASTE
Residual waste is nonhazardous industrial waste. It includes waste material (solid, liquid or gas), impaired fluids and flow back produced by industrial, mining and agricultural operations. It excludes certain coal mining wastes and wastes from normal farming activities.
RESTAURANTS
Any establishment, however designated, at which a principal use is to sell prepared food/beverages to the general public for consumption on and off the premises, including, but not limited to, a public dining room, lunchroom, diner, food court, luncheonette, cafe, tea room, coffee house, coffee shop, tavern, grill, lunch counter, drive-in, snack bar, cafeteria, buffet, dining hall, and the like. This definition does not include establishments that sell only treats (such as ice cream or candy), employee and/or student lunchrooms associated with a permitted principal use, or concession stands at active public recreation sites or public sporting events.
RETAIL ESTABLISHMENTS, AGRICULTURE SUPPORTED
A commercial enterprise that provides goods and/or services whereas the majority of the customer base is nonpublic agriculture business-to-farm or business-to-business relationships.
RETAIL ESTABLISHMENTS, VALUE ADDED AGRICULTURE
A commercial enterprise that provides goods and/or services whereas the majority of the customer-base is public as related to farm-to-business or farm-to-consumer relationships.
RETAIL/WHOLESALE SALES
A business establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
REUSE/RESIDUAL WATER (WASTE WATER)
Water which has been previously used for industrial, municipal, domestic or other purposes including those associated with fracking, drilling flowback, and other drilling-related activities, and cannot be returned to a surface water or groundwater source.
SCHOOLS
An educational institution, including a public school, parochial school, private school, college, university and a private nursery school or preschool, having regular sessions, with regularly employed instructors, which teach subjects that are fundamental and essential in primary, elementary, secondary or higher education under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, or a corporation or other entity meeting the requirements of the commonwealth.
SERVICE SHOPS
An area of land, including structures, used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, sale of motor vehicle accessories which may include associated facilities for automobile servicing, excluding painting.
SHOPPING CENTERS
A combination of retail commercial uses on a common contiguous site, designed as a unit, with adequate off-street free parking area, and usually consisting of a series of one story buildings or an arcade flanked by shops.
SIGN
Any advertisement, announcement, direction, communication, or outdoor advertising device produced in whole or in part by constructing, erecting, affixing, or placing a structure on land or on any other structure, or produced by painting, pasting, or otherwise placing any printing, lettering, picture decoration, symbol, trademark, figured object, colored material, or any other device on any building, structure, or surface, including those of vending machines and fuel dispensing devices, which is employed to announce, direct attention to, identify, or make known. Vegetation arranged or shaped in such a manner to depict a symbol or lettered communication shall not be considered a sign.
SINGLE-FAMILY DWELLING
A freestanding dwelling unit which has no common or party walls with other units.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY SYSTEM
A solar photovoltaic cell, module or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation or transfer of stored heat.
A. 
SOLAR ARRAY
A grouping of multiple solar modules with the purpose of harvesting solar energy.
B. 
SOLAR CELL
The smallest basic solar electric device which generates electricity when exposed to light.
C. 
SOLAR MODULE
A grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANEL
The part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR RELATED EQUIPMENT
Items including a solar photovoltaic cell, module or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for collection of solar energy.
SOLAR/WIND ENERGY CONVERSION SYSTEMS
Any device which converts solar/wind energy to a form of usable energy.
STEALTH TECHNOLOGY
Camouflaging methods applied to telecommunication towers, antennas, and other facilities to help solve aesthetic and compatibility conflicts when located in close proximity to residential areas. Such methods include, but are not limited to, architecturally careened roof-mounted antennas, building-mounted antennas painted to make to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
STORAGE DEPOTS
A permanent off-street facility designed as a point for collection and/or storage of materials, supplies, equipment, and/or other solid by-products from oil and gas development.
STREET
An improved or unimproved cartway used or intended to be used by vehicular traffic not otherwise defined herein as driving lanes or access lanes. In addition to those terms defined within Chapter 282, Subdivision and Land Development, the following shall apply.
A. 
LOCAL ROADSA public street designed to provide access to abutting lots and to discourage through traffic.
B. 
ALLEYA public thoroughfare, with a right-of-way of less than 30 feet, which does not provide the primary frontage.
C. 
LANEA public thoroughfare, located internal to a lot, which serves as a means of circulation between structures, parking areas and/or access to garages/service aisles.
D. 
CUL-DE-SACA dead-end street with a vehicular turnaround at the dead end.
SUPPLY YARDS
A commercial establishment storing or offering for sale building supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards shall not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
TEMPORARY MOBILE HOMES
Dwelling units intended for a brief period of time, not to exceed six months in a calendar year to a variety of field-related workers, mainly oil field. Such units are not intended to accommodate families with children.
TEMPORARY WATER PIPELINES
A temporary pipeline in place for a period not to exceed 12 months, typically located aboveground and used to transport water to and from various oil and gas development, drilling and related operations.
THEATERS
A business establishment, other than an adult movie theater or adult movie house, inside a completely enclosed building devoted to showing pictures and/or live dramatic or musical performances. A theater usually contains an auditorium in addition to other performance-related facilities.
TOWER
A guyed monopole, or self-supporting tower taller than 10 feet constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.
TRACTOR SALES AND SERVICES
A facility for the display, service and retail sale of new or used tractors.
TRAFFIC CONTROL SITES
An area used as a stopping place or assembly point designed to accommodate trucks during their course of travel to an oil and gas development and intended to be used for four months or fewer during a twelve-month period. This definition does not include the transfer of loads to, from or between trucks.
TRUCK STAGING AREA
An off-street facility used for the transfer of loads to, from or between trucks for oil and gas development or a traffic control site intended to be used for more than four months out of a twelve-month period pursuant to stand-alone agreement with the property owner.
TRUCK TERMINALS
A facility designed to accommodate the service and storage of trucks and which may also provide warehousing activities.
TWO-FAMILY DWELLING
A freestanding dwelling unit in a building containing two dwelling units with one dwelling unit arranged over the other dwelling unit.
UNCONVENTIONAL WELL
An unconventional gas well is a well that is drilled into an unconventional formation, which is defined as a geologic shale formation below the base of the Elk sandstone or its geologic equivalent where natural gas generally cannot be produced except by horizontal or vertical well bores stimulated by hydraulic fracturing (ex: Marcellus, Utica, Mandata, Huron, Rhinestreet, and Upper Devonian).
USE
The specific purpose for which land or a building or structure is designed, arranged, intended or for which it is or will be occupied or maintained.
VIOLATION
The act of not meeting specific conditions or requirements of this chapter (i.e., noncompliance).
WAREHOUSING
A building used primarily for the storage of goods and materials excluding truck terminals and truck maintenance facilities.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source separated recyclable material or materials approved by PA DEP for beneficial use.
WATER PURVEYOR
The owner or operator of a public water system as defined in Section 3 of the Act of May 1, 1984 (P.L. 206, No. 43), known as the "Pennsylvania Safe Drinking Water Act,"[3] or any person subject to the Act of June 24, 1939 (P.L. 842, No. 365), referred to as the "Water Rights Law."[4]
WELL SITE
The area of surface operations surrounding the surface location of a well or wells. The site can include facilities, structures, materials, water containment devices and equipment whether permanent or temporary, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well. Such area shall not include an access road to the well site.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS TELECOMMUNICATIONS TOWER
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.
YARD AREA
An open space area located on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
A. 
DEPTH, FRONTAn open space area extending along the full width of a lot parallel to the front property line or adjacent street right-of-way line, whichever is the closer to the property, which area is unoccupied and obstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
B. 
DEPTH, REARAn open space area extending across the full width of a lot parallel to the rear property line or adjacent street right-of-way line, whichever is closer to the property, which area is unoccupied and unobstructed from the ground up, except for such intrusions as are expressly permitted by this chapter.
C. 
DEPTH, SIDEAn open space area extending along the side of a lot parallel to the side lot line, which area shall extend from the front yard area to the rear yard area, except that in the absence of a rear or front yard area the side yard area shall extend the full length of the lot.
ZONING DISTRICT
See "base zoning district" and "zoning overlay."
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of Hopewell and West Middletown Borough.
ZONING MAP
The map(s) collectively delineating the zoning districts and zoning overlays of the Township, together with all amendments subsequently adopted. The Zoning Maps shall be considered an integral part of this chapter.
ZONING OVERLAY
An area designated as such on the Township Zoning Map or otherwise noted where provisions that may be more and/or less restrictive than the base zoning district requirements for the applicable lot or portion thereof.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[3]
Editor's Note: See 35 P.S. § 721.1 et seq.
[4]
Editor's Note: See 32 P.S. § 631 et seq.