[Ord. 168, 8/11/1992, § 1301; as amended by Ord. 189, 2/10/1998, § 13; by Ord. 195, 2/9/1999, § 3; by Ord. 213, 1/29/2004, Art. 13; by Ord. 221, 4/11/2006, Art. 2; by Ord. 223, 10/25/2006, Art. 5; by Ord. 227, 1/7/2008, Art. 2; by Ord. 231, 10/14/2008; by Ord. 240, 8/12/2009, Art. 13; by Ord. 251, 12/14/2010, § 1; by Ord. 258, 7/10/2012, Art. 4; by Ord. 260, 7/10/2012, Art. 4; by Ord. 265, 5/14/2013, Art. 5; by Ord. 266, 12/10/2013, Art. 7; by Ord. 271, 11/10/2015, Arts. 10 and 11; and by Ord. 276, 11/10/2015, Art. 7]
100-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years, i.e., that has a 1% chance of occurring in any year.
ABANDONEDThe visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishings used in the performance of a nonconforming use without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or structure.
ACCESS DRIVEOther than a street, which provides vehicular access from a street or public road to a lot; e.g., a driveway or private right-of-way.
ACCESSORY REPAIR AND/OR STORAGE FACILITIESFor the purposes of this chapter, such facilities shall be defined as enclosed activities incidental to any permitted retail sales or consumer service establishment, not occupying more than 25% of the gross floor area of the principal use.
ACCESSORY RESIDENTIAL DWELLING UNITFor the purposes of this chapter, an accessory residential dwelling unit shall be defined as a dwelling unit which is accessory to the principal commercial use of a lot, i.e. an apartment(s) located above or adjoining a retail establishment.
ACQUISITION AREAThose flood-prone parcels of land within Old Lycoming Township which have been acquired by the Township, or may be acquired in the future, as part of the Township's Hazard Mitigation Program.
ACT 13Act 13 of 2012 (HB 1950, P.L. 87, § 1, approved February 14, 2012, 58 Pa.C.S.A. § 3201 et seq., which is known as Unconventional Gas Well Impact Fee Act, as well as any amendments thereto and regulations promulgated thereunder.
ADULT BOOK STOREAn establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodicals (edited videotapes, compact discs and audio tapes) which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material.
ADULT CABARETA club, restaurant, bar, tavern, theater, hall or similar establishment which features male and/or female entertainers whose performance includes "specified sexual activities" and/or reveals or displays "specified anatomical areas."
ADULT DRIVE-IN PICTURE THEATERAn area open to the air and not enclosed within any building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein, which patrons observe such material from a location within automobiles or other motor vehicles, seated in autos or on outdoor seats.
ADULT ENTERTAINMENT ESTABLISHMENTSAdult book stores, adult cabarets, adult drive-in picture theaters, adult mini motion picture theaters, adult motion picture theaters, adult walk in picture theaters, adult amusement arcades, adult massage parlors, and similar establishments providing entertainment of a sexual nature.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used at any time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used at any time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or specified anatomical areas" for observation by patrons therein.
ADULT WALK-IN PICTURE THEATERAn area neither enclosed nor open to the sky (e.g., a pavilion, tent, etc.) where material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation of patrons therein.
AGENTAny person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, data and/or applications to the Zoning Officer or other designated Township official for the purpose of obtaining approval thereof.
AGRIBUSINESSThe sale of agricultural products or commodities including, but not limited to, farm produce, seed, fertilizers, and farm machinery.
AGRICULTURAL STRUCTUREAny farm building or structure used for storing agricultural equipment or farm produce, housing livestock or poultry, or processing dairy products. Such buildings shall not be used for residential purposes.
AGRICULTUREThe use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry, and the accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
ALLEYA permanent, public serviceway providing a secondary means of access to lots, not intended for general traffic circulation.
ALTERATIONAs applied to a building or structure, a change or re-arrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another. An alteration does not include maintenance and repair.
AMUSEMENT ARCADEAn establishment offering mechanical, electrical or video amusement devices or games such as pinball machines, ping pong, darts, rides, shooting galleries or similar devices to its patrons. Where a substantial portion of the devices or games in the establishment depict, describe or relate to materials of a sexual nature, then such establishment shall be considered to be an adult amusement arcade.
ANIMAL EQUIVALENT UNIT (AEU)1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
AREAThe surface included within a set of lines.
A. AREA, LOTThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement or future street right-of-way.
B. AREA, BUILDABLEThat portion of a lot bounded by the required front, side and rear yards.
C. AREA, BUILDINGThe total area of a lot covered by buildings, excluding uncovered porches, terraces and steps.
D. AREA, SITEThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
AUTOMOTIVE FUELING AND/OR SERVICE STATIONA commercial building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered. (See also compressed natural gas and alternate fuels fueling systems and §
27-418.)
AUTOMOTIVE SALES FACILITYAny building or land area used for the display and sale of new or used automobiles or other motor vehicles, including warranty repair or associated work.
AUTOMOTIVE SERVICE STATIONA building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered.
BASE FLOODA flood which has a 1% chance of being equaled or exceeded in any given year (also called the 100-year flood or 1% annual chance flood.)
BASE FLOOD DISCHARGEThe volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENTA. That portion of a building partly underground but having less than half of its clear height below the average lot grade. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling purposes.
B. For floodplain management purposes, a basement shall be that area of a building or structure having its floor subgrade (below ground level) on all sides.
BED AND BREAKFAST ESTABLISHMENTAn establishment, dwelling, or part thereof, in which individual rooms are offered for transient or temporary lodging purposes by the owner or operator for limited periods of time. Breakfast may also be provided for overnight guests as a part of the lodging fee.
BERMFor the purposes of this chapter, a berm shall be defined as a natural or man-made mound of earth in excess of two feet in vertical height used to shield or buffer properties from adjoining uses, roadways or noise.
BOARDING OR ROOMING HOUSEA single-family dwelling or part thereof, where lodging is provided for a fee by the owner or operator for no more than three additional persons for periods of time exceeding one week, whether or not provision has been made for meals.
BORROW PITAn excavated area where material has been borrowed for use as fill at another location, not including the excavation or removal of fill or the grading of a site preparatory to the construction of a building.
BUFFER YARDYard space, either landscaped or planted, provided between high intensity activities and residential uses. (See §
27-506.)
BUILDING(1) A structure having walls and a roof which is used for the shelter, housing or enclosure of persons, animals or property, including all mobile and manufactured homes and trailers to be used for human habitation. The word building shall include any part thereof; or (2) for the purposes of oil and gas operations, a building shall be defined as an occupied structure with walls and a roof within which persons live or customarily work.
A. BUILDING, ACCESSORYA detached, subordinate building or structure located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
C. BUILDING, ATTACHEDA building which has one or more party walls in common with adjacent buildings.
D. BUILDING, DETACHEDA building which has no party walls and is surrounded by open space on the same lot.
BUILDING COVERAGEThat percentage of the plot or lot area covered by the principal and accessory buildings, including covered porches, carports, and breezeways, but excluding open patios, parking or loading areas.
BUILDING HEIGHTA vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip or gambrel roofs, excluding chimneys, spires, towers, tanks and similar projections which are attached to a building.
BUILDING LINE or BUILDING SETBACK LINEThe line established by the required minimum setback from the street right-of-way for buildings and/or structures. The building line shall be the point at which the lot width shall be measured.
CAMP, LODGE or VACATION HOMEA building or group of buildings intended for occupancy only occasionally during the year, including buildings intended as camps, cottages, lodges, hunting cabins, vacation homes and similar facilities. For purposes of this chapter, a recreational vehicle shall not be considered to be a camp, lodge or vacation home. (See also §
27-412.)
CAMPGROUNDA tract or tracts of ground, or portions thereof, used for the purpose of providing two or more spaces for recreational vehicles or tents for camping purposes, with or without a fee charged for the leasing, renting, or occupancy of such space. Such facility may also include a recreational vehicle park.
CAR WASHAny building or premises used for washing automobiles or other motor vehicles.
CARPORTA roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARTWAYThe area of a street or alley within which vehicles are permitted, including traveled lanes and on-street parking spaces, but excluding shoulders, curbs, sidewalks, or drainage swales.
CELLARA portion of a building partly underground, having half or more than half of its clear height below grade. A cellar shall not be considered in determining the permissible number of stories.
CERTIFICATE OF COMPLIANCEThe certificate required by this chapter which indicates that all work authorized by the project's zoning permit has been satisfactorily completed, or in a case involving no construction, a proposed new use is in compliance with the terms of this chapter.
CERTIFICATE OF NONCONFORMANCEA certificate issued by the Zoning Officer which acknowledges the existence of a nonconforming use, structure, or lot on or before August 11, 1992, thereby authorizing its right to continue until it is eliminated or abandoned.
CHANGE OF USEAn alteration of a building or a change of use existing within a building or on a lot to a new use which imposes other provisions of this chapter.
CHIMNEYAny vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor solid fuel furnace.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street or driveway intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
CLUB, LODGE, or FRATERNAL ORGANIZATIONAn organization catering exclusively to members and guests in premises or buildings for social, recreational or administrative purposes, which are not conducted for profit. Clubs shall include, but not be limited to, service organizations, hunting or sportsmen's clubs, fraternal organizations, as well as community centers or grange halls.
COMMERCIAL VEHICLEFor the purposes of this chapter, a commercial vehicle shall be defined as a vehicle which is commercial in nature and inseparable from a business.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas. (See also §
27-438.)
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self supporting or guyed tower, designed and used to support communications antennas.
COMPREHENSIVE PLANThe complete plan for the development of Old Lycoming Township as adopted by the Township.
COMPRESSED NATURAL GAS (CNG) AND ALTERNATE FUELS FUELING SYSTEMSCommercial facilities and equipment that provide a variety of compressed natural gas and alternate fuels fueling options for customers, whether or not accessory to another use, i.e., a convenience market, automotive repair shop or similar establishment. (See § 27-418.2.)
CONDITIONAL USEA use permitted in certain districts, as provided for in Part 3, which may only be authorized by the Township as set forth in Part 10.
CONDOMINIUMA building or group of buildings in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONTAINER STORAGE, TEMPORARYFor the purposes of this chapter, temporary container storage shall be defined as an accessory structure used on a temporary basis for the collection or storage of personal items for ultimate disposal or subsequent storage at an off-site location, including personal on-demand storage ("PODS") units, dumpsters or similar containers, but excluding accessory storage trailers as defined herein. (See § 27-427.D.)
CONTRACTORS SHOPS AND YARDSA building or buildings and outdoor space used for the storage of construction equipment and/or building materials. Such uses may also include equipment repair facilities and office space.
CONVENIENCE MARKETA retail establishment selling a limited range of food products and some household or other consumer goods. Such facilities generally offer fewer items and maintain a smaller inventory of merchandise than a grocery store or food market. In some cases, gasoline or related automotive supplies are also offered on a self service basis.
CONVENIENCE PLAZA, MULTI-TENANTA retail establishment contained in one or more buildings offering a variety of products and services to the traveling public, including consumer goods or merchandise, gasoline or related automotive supplies, food and beverages, as well as ATM or similar convenience services. For the purposes of this chapter, such products and services may be offered by a single owner/operator or may be provided by multiple retailers.
CONVERSION APARTMENTA dwelling or other building existing on or before August 11, 1992, which is converted for residential occupancy by one or more families. The specific number of permitted dwelling units shall be as set forth in §
27-447 of this chapter.
COUNTYLycoming County, Pennsylvania.
DAY CARE CENTERA private facility enrolling more than 12 young children where tuition, fees or other forms of compensation for the care of the children is charged and which is licensed, inspected and approved to operate as a child day care center by the Pennsylvania Department of Public Welfare. For the purposes of this chapter, such facilities may also provide care for adult, elderly or handicapped persons.
DECORATIVE WALLFor the purposes of this chapter, a decorative wall shall be defined as a barrier or divider used in landscaping to provide separation between planting areas, around trees and similar objects. Decorative walls are generally less than four feet in height and shall not be used as retaining walls. (See also retaining wall and § 27-505.2.B.)
DENSITYThe number of families, individuals, dwelling units, or housing structures permitted to be constructed or situated on a specific unit of land.
DESIGNATED ACQUISITION AREAArea located in the Old Lycoming Township floodplain specifically designated and described by a resolution of Old Lycoming Township and the residents located within the designated and described area, being declared eligible to apply for buyout of their property by FEMA, PEMA and/or Old Lycoming Township for the purpose of reducing flood damages.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes or manufactured housing, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, the storage of equipment and materials, and the subdivision of land.
DISTRICTA zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto.
DOCKA temporary structure extending into a stream or other body of water for the purpose of securing a boat(s).
DOMESTIC ANIMAL/FOWLAny animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes or normally or ordinarily kept as a household pet. For the purposes of this definition, chickens being kept for noncommercial use may be considered domestic fowl.
[Added by Ord. No. 288, 3/10/2020]
DRILLINGThe digging or boring of a well, either vertically or horizontally, for the purpose of exploring for, developing or producing oil or gas or other hydrocarbons, or for the purpose of injecting gas, water or other fluid or substance into the earth. (See also "oil or gas well.")
DRIVEWAYA minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
DWELLINGA building, structure, or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons.
A. DWELLING, SINGLE-FAMILY DETACHEDA dwelling containing only one dwelling unit from ground to roof, having independent outside access and open space on all sides, except for a mobile home as defined below. (See "mobile home.")
B. DWELLING, SINGLE-FAMILY ATTACHEDA single dwelling unit from ground to roof, with independent outside access and a portion of one or two walls in common with an adjoining dwelling unit(s); i.e., a townhouse unit or garden apartment. For the purposes of this chapter, a single-family attached dwelling structure shall contain a minimum of three dwelling units. The maximum number of dwelling units per structure shall be as set forth in §
27-404 of this chapter.
C. DWELLING, TWO-FAMILY ATTACHEDAn attached building containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar; i.e., a duplex.
D. DWELLING, MULTI-FAMILYA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures as defined herein; i.e. an apartment building. The maximum number of dwelling units per structure shall be as set forth in §
27-406 of this chapter.
DWELLING UNITOne or more rooms in a dwelling structure designed for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Recreational vehicles and facilities for transient lodging shall not be considered as dwelling units for the purposes of this chapter.
ELEVATION CERTIFICATEA certificate prepared by a registered professional engineer, land surveyor, or architect that certifies the precise elevation of the first floor, including basement, of a building or enclosed structure situated within an identified floodplain area, used for the purpose of determining compliance with the terms of this chapter and the appropriate rate to apply to an application for flood insurance.
ENCLOSED USEA use which is located entirely within a building or structure.
ENTERTAINMENT FACILITY, PUBLICAn indoor facility operated as a business for profit, open to the public, for the purpose of providing entertainment including, but not limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs, and similar types of establishments, but excluding adult entertainment facilities. (See also §
27-415.)
ESSENTIAL SERVICESServices necessary for the preservation of the public health and safety including, but not limited to, the erection, construction, alteration or maintenance, by public utility companies or governmental agencies, of underground or overhead transmission or utility systems, poles, wires, lines, mains, drains, sewers, pipes, conduits, cables, hydrants, traffic signals or other similar equipment, excluding communications antennas and towers as defined herein.
EXISTING MOBILE HOME PARK OR SUBDIVISIONA mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before December 10, 2013.
EXPANSION TO EXISTING MOBILE HOME PARK OR SUBDIVISIONThe preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.)
FAMILY CARE UNITAn accessory residential dwelling unit intended to provide semi-independent living space for a dependent family member who requires some form of personal care or assistance in daily living, whether for reasons of health, handicap or age limitations. (See also §
27-437.)
FAMILY DAY CARE HOMEA family residence where care is provided for no more than six children unrelated to the resident household and which is registered by the Pennsylvania Department of Public Welfare to provide such care.
FARMFor the purpose of this chapter, a farm shall be defined as a parcel of land which is used for agricultural purposes or activities.
FARM-RELATED BUSINESSFor the purposes of this chapter, a farm-related business shall be defined as a commercial enterprise conducted on a farm which is related to or supportive of an on-going agricultural operation located on the same tract.
FENCEAny combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the 100-year floodplain outside the floodway, excluding areas shown as approximate 100-year flood zones on the Township's Flood Boundary and Floodway Maps.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)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.
FLOOD, 100-YEARA flood that on the average is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.)
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or other watercourse which is subject to partial or complete inundation.
B. An area subject to the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. (See §
27-603 for floodproofing techniques.)
FLOODWAYThe 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 AREAThe area of a structure covered by floors.
A. FLOOR AREA, GROSSThe sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces for motor vehicles or basement or cellar floor areas where this area is not used for business or dwelling purposes, but including the area of roofed porches and terraces. For the purposes of applying the requirements of off-street parking and loading, floor area in the case of office, merchandising, or service-type uses shall mean the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons, clients or patients, including areas occupied by fixtures or equipment used for the display or sale of merchandise.
B. FLOOR AREA, HABITABLEAny floor area within a dwelling unit which is usable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor to ceiling height is less than five feet.
FLOOR AREA RATIOThe gross floor area of all buildings on a lot divided by the lot area.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
FRACKINGThe process of injecting water, customized fluids, sand, steam or gas into a gas well under pressure to improve gas recovery, also known as hydraulic fracturing or fracture stimulation.
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
GARAGEA building or structure used for the parking and storage of vehicles.
A. GARAGE, PRIVATEAn accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles which is not a commercial enterprise available to the general public, provided however that no more than one space therein may be leased to a nonresident of the premises.
B. GARAGE, PUBLICA building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation. (See also "automotive repair shop.")
GASAny of the following:
A. A fluid, combustible or noncombustible, which is produced in a natural state from the earth and maintains a gaseous or rarified state at standard temperatures of 60° F. and pressure 14.7 PSIA; or
B. Any manufactured gas, by-product gas or mixture of gases or natural gas liquids. (See also "natural gas.")
GENERAL FLOODPLAINThat portion of the floodplain area for which no specific flood profiles exist and which is designated as approximated 100-year floodplain area on the Township's Flood Boundary and Floodway Maps.
GOVERNMENT BUILDINGA facility housing State, County or Township agencies, including administrative offices, storage facilities, and other related or incidental uses or structures.
GRADEThe degree of rise or descent of a sloping surface.
A. GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GREENHOUSEA building whose sides and roof are made largely of glass or other transparent or translucent material, and in which the temperature and humidity can be regulated the cultivation of delicate or out of season plants for subsequent sale or personal enjoyment. (See also "nursery.")
GROCERY STOREA retail establishment primarily selling food or groceries as well as other household goods or merchandise; i.e., a food market.
GROUP DAY CARE HOMEA residence where day care is provided for between seven and 12 children unrelated to the resident household, which is licensed and inspected by the Pennsylvania Department of Public Welfare to provide such care. For the purposes of this chapter, such use may be either a principal or accessory use (see applicable "District Regulations" in Part
3) and may also provide care for adult or elderly persons.
GROUP HOME; GROUP CARE FACILITYA single-family dwelling unit intended for occupancy by physically or mentally handicapped individuals, elderly, and disabled persons within twenty-four-hour supervision providing less than primary health care and licensed by the Commonwealth of Pennsylvania. For the purposes of this chapter, a group home or group care facility shall not include facilities for ex-convicts, halfway houses or homes for persons receiving care for drug or alcohol abuse.
HAZARDOUS MATERIALSAny substance or mixture of substances having properties capable of producing adverse effects on the health or safety of a human being.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior.
(2) Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONAn accessory use or occupation operated for gain or support conducted entirely within a dwelling or in an attached accessory structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. (See §
27-426.)
HORTICULTUREThe growing of fruits, vegetables, flowers, ornamental plants, shrubs, or trees for profit.
HOTELA building or structure containing rooms intended or designed to be used, rented or occupied for sleeping purposes by transient guests, where such rooms have no independent outside access and where provision may be made for general cooking and dining room or restaurant facilities within the building.
HYDRAULIC FRACTURING CHEMICALAny chemical substance or combination of substances, including any chemicals and proppants, that are intentionally added to a base fluid for purposes of preparing a stimulation fluid for use in hydraulic fracturing.
IDENTIFIED FLOODPLAIN AREAThose floodplain areas identified in this chapter as being inundated by the base flood, including areas identified as FW, AE and A Area/Districts in §
27-602 of this chapter.
IMPOUNDMENTFor the purposes of this chapter, an impoundment shall be defined to include:
A. Wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features; or
B. A dam, dike, floodgate or other barrier confining a body of water, such as a pond.
INDUSTRIAL PARKA tract of land which has been planned, developed and is operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
INDUSTRIAL USESFor the purposes of this chapter, industrial uses shall be defined as those manufacturing operations and processing activities itemized in Part
3, "District Regulations," and meeting the supplementary regulations set forth in §
27-419. (See also "light manufacturing operations.")
INSTITUTIONAL USESA private, non-profit, or quasi-public use or facility such as a church, library, public or private school, personal care or nursing home, cemetery or a municipally owned building, structure or land used for public purposes.
INTERSTATE HIGHWAY SYSTEMThat portion of the national system of interstate highways located within the Commonwealth as officially designated by the State and/or U.S. Department of Transportation.
JUNKAny discarded article or material not ordinarily disposed of as rubbish, garbage, or refuse and including, but not limited to, scrap metal, scrapped, abandoned or junked automobiles, machinery, equipment, paper, rags, glass containers and other salvageable materials. For purposes of this chapter, the term "junk" shall not include hazardous wastes or materials, industrial residual wastes, or municipal wastes as defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
JUNKYARDAny outdoor establishment, place of business, or use of land which is maintained, used or operated for storing, keeping, buying or selling junk or junked or abandoned motor vehicles. For the purposes of this chapter, such facility may also be referred to as an auto salvage operation or scrap processing facility. (See also "Township Junkyard Ordinance.")
KENNELAn establishment where more than three dogs or domesticated animals more than six months old are housed, groomed, bred, boarded, trained or sold. House pets in a private home are excluded.
LAND DEVELOPMENTAny of the following activities: (A) the improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving: (1) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (2) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features; or (B) a subdivision of land.
LANDOWNERThe legal or beneficial owner(s) of land, including the holder of an option or contract to purchase (whether or not such option is subject to any condition), a lessee, if he is authorized under the lease to exercise the right of the land owner or other person having a proprietary interest in the land.
LANDSCAPINGGrass and other plantings such as trees, shrubs and/or bushes.
LAUNDROMATA business premises equipped with individual clothes washing and drying machines for the use of retail customers. For the purposes of this chapter such facilities shall not include laundry facilities provided as an accessory use, such as those provided for an apartment building.
LIGHT MANUFACTURING OPERATIONA manufacturing or processing activity that produces a negligible amount of noise, smoke, odor, dust, vibration, or glare as a result of the activity. (See also §
27-419.)
LIVESTOCKGenerally accepted outdoor farm animals, including, but not limited to, cows, goats, horses, pigs, barnyard fowl, etc., but excluding cats, dogs, and other house pets.
LOADING BERTHA space accessible from a street or alley in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.
LOTA 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.
B. LOT DEPTHHorizontal distance from the street line of a lot to its opposite rear lot line measured in the general direction of the side lot lines.
C. LOT WIDTHThe distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
D. LOT, CORNERA lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
F. LOT, REVERSE FRONTAGEA lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the latter.
LOT LINESThe property lines bounding the lot.
B. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT OF RECORDA lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Lycoming County, Pennsylvania.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area of a building or structure (including basement or cellar). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access or incidental storage, in an area other than a basement or cellar area is not considered a building's lowest floor, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURINGThe act of producing, preparing or assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.
MARKET VALUEThe fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
MASSAGE PARLOR, ADULTAn establishment in which there exists the offering or furnishing of services in which "specified sexual activities" occur.
MINERAL EXTRACTION OPERATIONThe commercial extraction of natural mineral deposits from the earth, including facilities for the mixing or batching of extracted materials. For the purposes of this chapter however, oil and gas operations shall not be considered to be mineral extraction operations. (See also §§
27-424 and
27-448, and oil and gas operations.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term applies to, but is not limited to, anthracite and bituminous coal, coal refuse, peat, limestone, dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore or zinc ore, vermiculite, clay and crude oil and natural gas.
MINOR REPAIRThe replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall any minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeating towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. For floodplain management purposes, the term shall also include manufactured housing, and park trailers, travel trailers, recreational vehicles and other similar units which are placed on a site for a period of time exceeding 180 consecutive days. (See also §
27-404.)
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PAD OR STANDThat part of an individual mobile home lot which has been reserved for the placement of a mobile home and appurtenant structures and connections.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. For floodplain management purposes, the term shall also include facilities for the placement of two or more manufactured homes, or park trailers, travel trailers, recreational vehicles, or other similar units for a period of time exceeding 180 consecutive days. (See also §
27-408.)
MOBILE HOME, PERMANENTFor the purposes of this chapter, a permanent mobile home shall be defined as an independent mobile home with its wheels, tow bar, or other means of propulsion removed and the unit is firmly affixed to a permanent foundation, which is located on a lot in accordance with the controls, regulations, and standards set forth for the district in which the unit is to be located. For floodplain management purposes, the term shall also include manufactured housing.
MOTELA building or structure arranged or used for sheltering, sleeping, and/or feeding of transient or overnight guests, where each unit has independent outside access and where provision is made for only limited cooking in any individual room.
MOTOR VEHICLEAny wheeled or tracked device manufactured for use on a public highway, whether designed to be self-propelled or towed, including but not limited to an automobile, camp trailer, bus, truck, trailer, mobile home, motor home, motorcycle, or snowmobile, required to be registered by the State of Pennsylvania if used on a public highway.
MOTOR VEHICLE, JUNKED OR ABANDONEDA motor vehicle that is in a state of major disrepair and/or disassembly, and which is stored outside of an enclosed structure or is not appropriately screened or covered from public view.
MOTOR VEHICLE, UNLICENSEDA motor vehicle that does not display current and valid license information issued by PennDOT or another State department of transportation, or which does not display current and valid inspection information issued by a PennDOT inspection station or out-of-state inspection station authorized by the licensing State, in the manners and forms prescribed by that agency.
MUNICIPAL WASTEWaste material originating from residential, municipal, commercial or institutional establishments, including sludges from water supply treatment plants, waste water treatment plants, and air pollution control facilities not meeting the definition of residual or hazardous waste in the Solid Waste Management Act, 35 P.S. § 6018.101 et seq. The term does not include source-separated recyclable materials.
MUNICIPALITYOld Lycoming Township, Lycoming County, Pennsylvania.
NATURAL GASA fossil fuel consisting of a mixture of hydrocarbon gases, primarily methane, and possibly including ethane, propane, butane, pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and other gas species. The term includes natural gas from oil fields known as associate gas or casing head gas, natural gas fields known as nonassociated gas, coal beds, shale beds or other formations. The term does not include coal bed methane. (See also "gas.")
NATURAL GAS COMPRESSOR STATIONA permanent facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for the delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS LIQUIDSHydrocarbons in natural gas which are separated from the gas as liquids through the process of absorption, condensation, adsorption or other methods in gas processing of cycling plants.
NATURAL GAS PROCESSING PLANTA permanent 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 to primarily remove water, water vapor, oil or naturally occurring liquids from the natural gas.
NEIGHBORHOOD RETAIL ACTIVITYFor the purposes of this chapter, a neighborhood retail activity shall be defined as a retail store, shop or establishment of a limited scale designed to provide service to a local neighborhood which is oriented to pedestrian or limited vehicular traffic, including general stores, antique or gift shops, sandwich shops, cafes, or similar types of operations.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after December 10, 2013, and includes any subsequent improvements to such structures. Any construction started after May 10, 1977 (the date of the Township's first floodplain management regulations) and before December 10, 2013, is subject to the ordinance in effect at the time the zoning permit was issued, provided that the start of construction was within 180 days of the permit issuance.
NEW MOBILE HOME PARK OR SUBDIVISIONA mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after December 10, 2013.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use in a residential dwelling which is clearly secondary to the use of the residence as a dwelling and which meets the no impact criteria set forth in § 27-426.A of this chapter.
NONCONFORMING LOTA lot which does not conform to the minimum width, depth, or other dimensional requirements specified for the district in which it is located (Part
3), including those lots which existed prior to the enactment of this chapter. (See §
27-902 for applicable provisions.)
NONCONFORMING STRUCTUREA structure or part of a structure not designed or built to comply with the use or extent of use provisions of this chapter, including those structures which lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs. (See §
27-901 for applicable provisions.)
NONCONFORMING USEA use of a building or land which does not comply with the applicable use regulations (Part
3) of this chapter or amendment, including those uses which lawfully existed prior to the enactment of this chapter or amendment. (See §
27-901 for applicable provisions.)
NURSERYLand and/or greenhouses used to raise flowers, shrubs, trees, or other plants for sale or for transplanting. (See also "greenhouse.")
NURSERY SCHOOLA private institutional establishment providing educational and child care services for children up to five years of age where tuition, fees, or other forms of compensation are charged for the service. For the purposes of this chapter, a nursery school may be an independent principal use or may be operated as an accessory use in conjunction with a church, day care center, or other similar institutional establishment.
NURSING HOMEA State-licensed institutional facility which provides full-time convalescent or skilled nursing and/or medical care. Such facilities shall not provide surgical, obstetrical, or other services generally provided by a hospital or medical center.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream to the damage of life or property.
OILHydrocarbons in liquid form at standard temperature of 60° F. and pressure 14.7 PSIA, also referred to as petroleum.
OIL AND GAS OPERATIONSThe term includes the following:
A. Well location assessment, including seismic operations, well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;
B. Water or other fluid storage or impoundment areas used exclusively for oil and gas operations;
C. Construction, installation, use, maintenance, and repair of:
(2) Natural gas compressor stations; and
(3) Natural gas processing plants or facilities performing equivalent functions; and
(4) Construction, installation, use, maintenance, and repair of all equipment directly associated with the activities identified above, to the extent that:
(a) The equipment is necessarily located at or immediately adjacent to the well site, impoundment area, oil and gas pipeline, natural gas compressor station or natural gas processing plant; and
(b) The activities are authorized and permitted under the authority of a Federal or State agency.
OIL OR GAS STAGING AREA OR FACILITYA location or facility on a permitted site for the storage of equipment, pipes and vehicles used to support gas development activities at other permitted sites.
OIL OR GAS WELLA pierced or bored hole drilled or being drilled for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal. The term shall include an unconventional gas well.
OIL OR GAS WELL SITEThe location where facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well, including exploratory wells, are used.
OPEN OR OUTDOOR STORAGEThe keeping, in an unroofed area, of any goods, materials, merchandise or vehicles in the same place for more than 24 hours; a principal permitted use allowed only in the Industrial District.
OPEN SPACESpace not occupied by a structure, open to the sky, and on the same lot with the building or structure.
A. OPEN SPACEPUBLIC — Any land area set aside, dedicated, designated or reserved for public enjoyment.
B. OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities.
OUTDOOR SOLID FUEL FURNACEAny equipment, device, appliance or apparatus which is installed, affixed or situated outdoors which is used for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. For purposes of this chapter, outdoor solid fuel furnaces shall be considered to be accessory uses.
PARK or PLAYGROUNDA public, semi public or private park or park type facility which provides outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, baseball or other athletic fields, swimming, hiking and picnic areas, and playgrounds and may also include buildings and accessory structures. Activities may be organized to include day camps, leagues or other groups or may be strictly independent. (See §
27-411. See also "recreation facility.")
PARKING SPACEAn off-street area on a lot available for the parking of one motor vehicle and having direct, usable access to a street or road. A parking space may include covered garage space or uncovered lot space located off of the public right-of-way. (See also Part 8.)
PARTY WALLA wall on an interior lot line or a wall adapted for joint service between two buildings.
PENNDOTPennsylvania Department of Transportation.
PERMITTED USEA use allowed in a zoning district, subject to the applicable district regulations, and approved by the Zoning Officer.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL CARE HOMEA State-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care for individuals, usually the elderly. For the purposes of this chapter, a personal care home may also be known as an assisted living facility.
PERSONAL SERVICE BUSINESSESFor the purposes of this chapter, personal service businesses shall include, but need not be limited to, barber shops, beauty parlors, self service laundry and dry cleaning establishments, tailor and dressmaking shops, or other establishments of a related nature.
PERSONAL STORAGE WAREHOUSEA warehouse facility where separate storage spaces, of varying sizes, are available for lease or rental to the general public, usually on a self-service basis. For the purposes of this chapter, there shall be no residential occupancy of, nor commercial sales conducted from, such storage facilities.
PIPELINEAll parts of those physical facilities running through which gas, hazardous liquids, fresh water, salt water or chemicals move in transportation, including but not limited to, pipes, valves and other appurtenances attached to pipe, whether or not laid in a public or private easement or public or private right-of-way within the Township including, but not limited to, gathering lines, production lines or transmission lines. This definition does not include pipelines associated with franchise utilities.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter. (See also §
27-407.)
POST-FIRM STRUCTUREA structure for which construction or substantial improvement occurred after April 15, 1977, the effective date of the Township's first Flood Insurance Rate Map, and, as such, is required to be compliant with the regulations of the National Flood Insurance Program.
POULTRYDomestic fowl, chickens, ducks, geese, and similar fowl.
PRE-FIRM STRUCTUREA structure for which construction or substantial improvement occurred on or before April 15, 1977, the effective date of the Township's first Flood Insurance Rate Map, and as such, is not required to be compliant with the regulations of the National Flood Insurance Program.
PRIMARY HIGHWAY SYSTEMThat portion of connected main highways located within the Commonwealth as officially designated by the State or U.S. Departments of Transportation.
PROFESSIONFor the purposes of this chapter, a profession shall be defined to include any occupation or vocation in which a professed knowledge of some department of science or learning is used by its practical application to the affairs of others, either advertising, guiding or teaching them and in servicing their interest or welfare in the practice of the art founded on it. The work implies attainment in professional knowledge as distinguished from mere skill and the application of such knowledge to use for others as a vocation. It requires knowledge of an advanced type in a given field of science or instruction and study.
PROFESSIONAL OFFICEThe office of a member of a recognized profession. A professional office shall be considered a home occupation when conducted from a residence, by a member of the resident family and when the office is only secondary to the residential use of the building.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Township, Township Planning Commission, or Township Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITY TRANSMISSION TOWERA structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
RECREATION FACILITYAn outdoor commercial, public or semi public, or private facility intended to provide recreational enjoyment to or for its users, i.e., a campground, golf course, driving range, miniature golf course, sportsmen's club, or similar facility. (See §
27-411. See also "park or playground.")
RECREATIONAL VEHICLEA vehicle which is (A) built on a single chassis; (B) not more than 400 square feet, measured at the largest horizontal projections; (C) designed to be self-propelled or permanently towable by a light duty truck; (D) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Such vehicles are permitted to be used in campground areas or recreational vehicle parks, on private independent parcels, or, in some cases, in mobile home parks. (See § 27-428.3.)
RECREATIONAL VEHICLE PARKAny site upon which two or more recreational vehicles are, or intended to be, located. (See also "campground.")
REGULATORY FLOOD ELEVATIONFor the purposes of this chapter, the regulatory flood elevation shall be defined as the base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSSFlood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
RESIDENTIAL CLUSTER DEVELOPMENTA large scale residential development in which individual dwelling units or dwelling structures are grouped together rather than spread out on conventional lots. Modification or reduction of the minimum yard and lot size requirements are permitted in exchange for an equivalent amount of land in open space to be preserved for scenic, recreation or conservation purposes. The type and overall density of dwelling units shall be as set forth in §
27-438 of this chapter.
RETAINING WALLA wall or similar structure or devise, often used at grade changes to hold back or support an earthen bank, or to hold soil on an embankment from slumping, sliding or falling. (See also § 27-505.2.B.)
RIDING ACADEMYAny establishment where horses are kept for riding, jumping or showing for compensation or incidental to the operation of any club, association or similar group.
ROADSIDE STANDA temporary booth, stand or shelter located along a roadway (but off of the road right-of-way) from which farm, nursery or greenhouse products grown on the premises are offered for sale to the general public.
SANITARY OR MUNICIPAL WASTE LANDFILLA lot or part thereof used for the disposal of garbage, refuse, municipal waste or other discarded materials, which is licensed and operated in accordance with all applicable requirements of the Pennsylvania Department of Environmental Protection, including the rules and regulations of the Pennsylvania Municipal Waste Planning, Recycling, and Waste Reduction Act, 53 P.S. § 4000.101 et seq. The term does not include any facility that is used exclusively for disposal of construction/demolition waste, or sludge from sewage treatment plants or water supply treatment plants.
SATELLITE DISHFor the purposes of this chapter, a satellite dish antenna shall be defined as an accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SCREEN PLANTINGThe use of vegetative plants, such as trees or shrubs, as a barrier to visibility, glare and noise between adjacent properties. Such plantings shall adhere to the requirements of § 27-507.A of this chapter.
SCREENINGThe provision of a visual shield or barrier between adjacent properties, structures or uses, which may consist of vegetative plantings, fences, or the placement or utilization of natural or man-made berms or landforms, or any combination thereof.
SECONDARY RESIDENTIAL DWELLING UNITFor the purposes of this chapter, a secondary residential dwelling unit shall be defined as an accessory dwelling unit located above a garage in an R-A, R-S, or R-U Zoning District which is secondary to the principal residential building on the lot and meets the gross floor area requirements of this chapter. (See § 27-502.3.)
SEISMIC TESTINGTesting conducted on the earth's surface or shallow subsurface for the purpose of evaluating subsurface geologic conditions.
SENIOR HOUSING COMPLEXA public, not-for-profit, or private residential facility, building, or development designed to meet the needs of, and be constructed exclusively for, senior citizens. Such complexes shall not include nursing homes, personal care facilities, or similar institutional residences, although shared use of dining or entertainment spaces within individual buildings in the complex may be permitted. Senior housing complexes may be designed as multi-family dwelling structures (apartment buildings) or as single-family attached dwelling structures (townhouse units) or may consist of a combination of multi-family and single-family attached units.
SEWAGE FACILITYAny sewer, sewage system, sewage treatment plant or parts thereof, designed, intended or constructed for the collection, treatment or disposal of liquid wastes, including industrial wastes.
A. SEWAGE FACILITY, OFF-LOTAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant. Such a system must be designed in accordance with DEP standards and be permitted by the Bureau of Water Quality of the Department of Environmental Protection. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
B. SEWAGE FACILITY, ON-LOTAny approved system or part thereof designed to serve a single dwelling or building in which sewage is collected in a septic tank, holding tank or similar container located on the same lot and is untreated except for bacterial action occurring within such tank and is disposed of either through a drain field connected to the tank or by hauling to a sewage treatment plant.
SHOPPING CENTERA group of commercial establishments, planned, developed, owned and managed as a unit and related in location, size and type of shops to the trade area that the unit serves; it provides on-site parking in definite relationship to the types and sizes of stores. This definition shall also include the term "shopping mall."
SIGNAny device, structure or object used for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any public, semi-public, civic, charitable, fraternal or religious group. (See Part 7 for definitions of various types of signs.)
SIGN AREAThe entire face of a sign including the advertising surface and any framing, trim, or molding, but not including, the supporting structure.
SIGN HEIGHTThe vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
SOLID FUELAny solid material used as fuel to produce energy and provide heating, usually released through combustion. Commercial solid fuels include wood, charcoal, peat, coal, and pellets made from woods, corn, wheat, rye and other grains.
SOLID WASTEAny waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials. (See also "municipal waste.")
SPECIAL EXCEPTIONA use permitted in a certain zoning district as provided for in Part
3, which must be approved by the Zoning Hearing Board as set forth in § 27-1102.D of this chapter. Special exceptions may not be granted for uses other than those expressly listed in Part
3.
SPECIAL FLOOD HAZARD AREAS (SFHA)An area of the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A or A1-30.
SPECIAL PERMITA special approval needed for specific types of development being proposed to be located in any portion of the designated floodplain. (See §
27-608 for a listing of the activities requiring special permits and details for submission of applications for such activities.)
SPECIFIED ANATOMICAL AREASFor the purposes of this chapter, such areas shall include less than completely and opaquely covered: human genitals, pubic region; buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESFor the purposes of this chapter, such activities shall include sexual stimulation or arousal of human genitals; acts of human masturbation, oral sex, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
STABLEA building in which one or more horses are boarded, whether or not for compensation, hire or sale.
START OF CONSTRUCTIONFor floodplain management purposes, "start of construction" includes substantial improvement and other proposed new development and means the date that the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and walkways,; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORAGEA place or space for storing goods, articles of personal property, materials, etc.
A. STORAGE, ON-LOTFor the purposes of this chapter, on-lot storage shall be defined as storage of man-made materials, recreational vehicles, campers, boats, antique cars or other similar types of vehicles or equipment on a lot occupied by the owner of the material or personal property, whether or not the item is stored in a completely or partially enclosed building or stored outside of a building.
B. STORAGE OFF-LOTStorage of man-made materials, recreational vehicles, campers, boats, antique cars or other similar types of vehicles or equipment on a lot other than that occupied by the owner of the material or personal property, whether or not the item is stored in a completely or partially enclosed building or stored outside of a building.
C. STORAGE, OUTDOOR/UNENCLOSEDStorage, as an accessory use, of man-made materials, goods, merchandise, or equipment outside of a fully enclosed building or structure. (See also § 27-510. See also "open or outdoor storage.")
STORAGE TRAILER, ACCESSORYThat part of a tractor trailer truck which is pulled by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used for storage, as an accessory use.
STORAGE WELLA well that is used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
STORYThat portion of a building included between the surface of any floor and the surface of the floor or ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREETAny thoroughfare, whether public or private, located in whole or in part within Old Lycoming Township, excluding alleys. The word "road" may be used interchangeably with the word "street."
STREET LINEThe dividing line between the street right-of-way and the lot.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, but not limited to, buildings, sheds, communications towers, swimming pools (whether above or below ground), and signs, but excluding poles, recreation equipment, and other similar objects. For floodplain management purposes, the term shall also include gas or liquid storage tanks, that are principally above ground, as well as mobile or manufactured homes.
A. STRUCTURE, ACCESSORYA structure detached from a principal structure on the same lot and customarily incidental and subordinate to the principal building, structure or use.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
SWIMMING POOLA body of water in an artificial container, whether located in or above-ground, having a depth at any point of more than two feet or a surface area of more than 250 square feet, used or intended to be used for swimming.
TEMPORARY PERMITA permit authorized by the Zoning Officer for a nonpermanent structure or use where such structure or use is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Township. (See also § 27-1203.10.)
TEMPORARY STRUCTUREA non-permanent structure or building which is located on a lot for a specified duration. Some temporary structures may only be permitted for short periods of time, while others may be authorized for longer periods.
TEMPORARY USEA short-term use or activity including, but not limited to, carnivals, circuses, open-air cultural, religious or sporting events, or oil and gas drilling operations.
TOWNSHIPFor the purposes of this chapter, the term Township shall be interpreted to mean the elected officials or governing body of Old Lycoming Township; the Board of Supervisors.
TRACK FACILITIESA track is a course persons may move over, a road or course set up for running of, operating of, or showing off of motorized vehicles, four wheelers, three wheelers and motorcycles, skateboards, horses, dogs, or any other hobby or sporting type of equipment, and for any other vehicle, whether motorized or not. (See also §
27-436.)
TRUCK GARDENFor the purposes of this chapter, a truck garden shall be defined as a tract of land used to grow vegetables or other products primarily intended for wholesale or retail sale.
UNCONVENTIONAL FORMATIONA geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.
UNCONVENTIONAL GAS WELLA bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation. The term shall also include wells that utilize hydraulic fracture treatment through a single vertical well bore and produce natural gas in quantities greater than that of a stripper well.
UNIFORM CONSTRUCTION CODEThe Statewide building code adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Pennsylvania Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC) of 2003 (or the latest edition thereof) by reference as the standard applicable to construction within the Commonwealth, including floodplain construction.
USEThe specific purpose or activity for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
A. USE, ACCESSORYA use subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. (See also Part 3.) If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
B. USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized. (See Part 3.)
VARIANCEA modification of the provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought. (See § 27-1102.C for additional details and criteria to be utilized when a variance is requested.)
VETERINARY HOSPITAL OR CLINICAn establishment where animals are given medical or surgical treatment and their boarding is limited to short term care incidental to the treatment.
VIOLATIONThe failure of a structure or other development to be fully compliant with the community's zoning regulations, including all floodplain management regulations. A structure or other development without the elevation certificate, or other certifications, or other evidence of compliance required in 44 CFR, § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WASTE MANAGEMENT FACILITIESFor purposes of this chapter, waste management facilities shall be defined to include public recycling or reuse centers or other similar types of collection, storage or recovery operations, but excluding sanitary landfills or other types of municipal or solid waste management facilities as defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
WATER FACILITYAny water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable and/or nonpotable water.
A. WATER DISTRIBUTION FACILITY, OFF-LOTAny approved system in which potable and/or nonpotable water is supplied from a central water source to a dwelling, other building or site located off the lot in which dwelling, building or site is located.
B. WATER DISTRIBUTION FACILITY, ON-LOTAny approved system in which potable and/or nonpotable water is supplied from an individual well to a dwelling or other building located on the same lot as the central water source/well.
WATER MANAGEMENT PLANA plan associated with drilling or completing a well in an unconventional formation that demonstrates that the withdrawal and use of water sources protects those sources as required by law and protects public health, safety and welfare.
WATER PURVEYORAny of the following:
A. The owner or operator of a public water system as defined in § 3 of the PA Safe Drinking Water Act (P.L. 206, No. 43); or
B. Any person subject to the Water Rights Law (P.L. 842, No. 365).
WATER SOURCEAny of the following: (A) waters of the Commonwealth; (B) a source of water supply used by a water purveyor; (C) mine pool and discharges; or (D) any other waters that are used for drilling or completing a well in an unconventional formation. The term does not include flowback or production waters or other fluids: (1) which are used for drilling or completing a well in an unconventional formation; and (2) which do not discharge into waters of the Commonwealth.
WATER STORAGE FACILITYTanks of any construction (metal, fiberglass, concrete, etc.) and wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water impoundment features used for the storage of water that is to be used, has been used, and/or is being reused.
WATER TREATMENT FACILITYA facility used for the flow backwater and solutions used in the process of hydraulic fracturing in order to extract natural gas from the Marcellus shale. The treatment facility is where the flow backwater and solutions are taken once the process of hydraulic fracturing is done in order to ensure that the water will be treated properly removing any harmful chemicals, compounds and radionuclides prior to being hauled off-site for re-use or released into a major tributary. Typical water treatment facilities include, but are not limited to, multi-bay truck loading/unloading stations, skim ponds for oil/water separation, water clarifiers, sludge dewatering facilities, reverse osmosis units, evaporators, chemical feed equipment, pumps, and other appurtenances.
WATER WITHDRAWAL AND WATER DISTRIBUTION FACILITYFor the purposes of this chapter, the term shall include a facility adjacent to a river, tributary, stream or water well that typically contains a submerged suction line, pumps, water main multiple hydrants, truck loading and staging areas, and water storage tanks, storing water on a temporary basis that is intended to be transported by vehicle to an oil or gas well site for the purpose of hydraulic fracturing.
WELLSee "oil or gas well."
WELL PADThe area of surface operations immediately surrounding the surface location of a well or wells. Such area shall not include an access road to the well pad and shall not include the entirety of an oil or gas well site.
WIND ENERGY FACILITY, COMMERCIALA commercial electric generation facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory buildings and structures, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. For the purposes of this chapter, standalone wind turbines constructed for private use shall be considered personal wind energy facilities.
WIND ENERGY FACILITY, PERSONALA free-standing wind turbine or turbines situated on a lot to provide wind energy to an individual home, office, business, industry or agricultural use located on the same lot. The wind energy generated by such turbine(s) is not to be provided or sold to others off-site in the power grid. All personal wind energy facilities shall follow the rules of net metering under the State policy.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.
WIND TURBINE HEIGHTThe distance measured from the surface of the wind tower foundation to the highest point of the turbine rotor plane.
YARDAn open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward.
A. YARD, FRONTAn open space extending the full width of the lot between the street right-of-way line and the required front setback, unoccupied and unobstructed from the ground upward.
B. YARD, REARAn open space extending the full width of the lot between the rear property line and the required rear setback, unoccupied and unobstructed from the ground upward.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between the side property line and the required side setback, unoccupied and unobstructed from the ground upward.
D. YARD, REQUIREDThe minimum area or open space required by this chapter to be provided between any front, side or rear property line and a principal or accessory building(s) on the lot.
ZONING HEARING BOARDThe Zoning Hearing Board of Old Lycoming Township, Lycoming County, Pennsylvania.
ZONING MAPThe official Zoning Map of Old Lycoming Township, together with all notations, references and amendments which may subsequently be adopted. Said map is made a part of this chapter in §
27-203.
ZONING OFFICERThe administrative officer duly appointed by the Township and charged with the duty of enforcing the provisions of this chapter.
ZONING PERMITThe permit required by this chapter which states that the purpose for which a building, structure or land is to be used is in conformity with the use regulations, the dimensional requirements, and all other applicable provision of this chapter.