The definitions set forth in Chapter
78 of the Township Code shall also apply to this chapter, except when in conflict with the following definitions, which shall specifically apply to this chapter. As used in this chapter, the following terms shall have the meanings indicated:
ACCESS DRIVEAn access drive is intended to provide immediate access to adjoining uses within the nonresidential areas of the Town Center Core Area.
ACCESSORY DWELLING UNIT (ADU)A dwelling unit that is associated with and is incidental to the principal dwelling unit both of which are located on the same lot that serves as the lot's principal use. The ADU provides complete independent living facilities for one or more persons of said individuals that are related by blood, marriage, or legal adoption (including persons receiving foster care) to those occupying the lot's principal dwelling unit. The ADU shall be detached from the principal structure and may take various forms including a detached unit or a unit that is part of an accessory structure, such as a detached garage.
ACCESSORY EQUIPMENTIn the case of WCFs (wireless communications facilities), any equipment serving or being used in conjunction with a small wireless facility or wireless support structure, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar structures.
ACCESSORY STRUCTUREA structure clearly and customarily subordinate to and on the same lot as the principal building and used exclusively for purposes constituting an accessory use, including but not to limit the applicability of the foregoing, private garages, barns, tree houses, utility sheds, greenhouses and buildings for housing domesticated pets.
ACCESSORY USEA use which is clearly part of, incidental to, subordinate to, devoted exclusively to and located on the same lot occupied by the principal use of the land or structures.
ACTIVE BUILDING ELEVATIONBuilding facade that include windows, building entrances, and other architectural features that enhance the pedestrian scale and experience of the building facade.
ADJACENT TRACT, PARCEL, OR LOTProperty that is contiguous with, or directly across a public street or other right-of-way (ROW) from, the boundaries of any side of the subject property.
ADULT AND SEXUALLY ORIENTED BUSINESSESAny commercial establishment including, but not limited to the list below. All types of sexually oriented businesses are provided for by this land use classification within the land use chart.
(1) (a) ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, videos, or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(b) [1] Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM or DVD discs or other computer software, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
[2] Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(c) ADULT CABARETA nightclub, bar, restaurant, or another commercial establishment which regularly features:
[1] Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
[2] Films, motion pictures, video cassettes, DVDs, slides, or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(d) ADULT MINI MOTION-PICTURE THEATERAn enclosed building or structure offering video presentations or other visual media distinguished or characterized by an emphasis or matter depicting, describing, or relating to sexual activities or nudity for observation by patrons within private viewing booths.
(e) ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions or visual presentations of any kind are regularly shown which is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(f) ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(g) ESCORT AGENCYA person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary businesses for a fee, tip, or other consideration.
(h) NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
[1] That has no sign visible from the exterior of the structure and no other advertisement that indicates a nude or seminude person is available for viewing.
[2] Where in order to participate in a class, a student must enroll at least three days in advance of the class.
[3] Where no more than one nude or seminude model is on the premises at any one time.
AGRICULTURAL COMMODITYAny of the following transported or intended to be transported in commerce:
(1) Agricultural, aquacultural, horticultural, floricultural, viticultural, or dairy products.
(2) Livestock and the products of livestock.
(3) Ranch-raised fur-bearing animals and the products of ranch-raised fur-bearing animals.
(4) Products of poultry or bee raising.
(5) Forestry and forestry products.
(6) Any products raised or produced on farms intended for human consumption and the processed or manufactured products of such products intended for human consumption.
AGRICULTURAL OPERATIONAny use of land or structures for an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock 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, livestock, livestock 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.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERATION, STRUCTURALAny change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
ANIMAL DAY CAREA facility that cares for pet animals for less than 12 consecutive hours in the absence of the pet owner or a facility that cares for pet animals in training with or without the facility owner receiving compensation for such services.
ANIMAL HOSPITAL AND VETERINARIAN SERVICESAn establishment where animals or pets are given medical or surgical treatment by a Doctor of Veterinary Medicine and the boarding of animals is limited to short-term care incidental to the hospital use or temporary boarding during treatment. Animal hospitals and veterinarians do not include kennel services.
ANTENNAIn the case of WCFs, 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, WIRELESS TELECOMMUNICATIONS FACILITIESIn the case of WCFs, means telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.
AWNINGA cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
BARNAn accessory structure used for the shelter of livestock raised on the premises, the storage of agricultural products produced or consumed on the premises, or the storage and maintenance of farm equipment and agricultural supplies used for the agricultural operations on the premises.
BED-AND-BREAKFAST ESTABLISHMENT (B&B)An owner-occupied and operated dwelling originally designed as a residential structure where limited overnight lodging and a breakfast are provided for compensation to tourist or recreational guests. The maximum number of rooms permitted is eight. This use does not include short-term rentals. See "short-term rental" in this section.
BLOCKAn area bounded by existing or proposed street ROW lines.
BOAT DOCKAn accessory structure, landing, or platform that encroaches a body of water to provide access to boats and other watercraft.
BOATHOUSEAn accessory structure designed and used primarily for the storage of boats and other watercraft, and which is designed in such a way as to permit the direct removal of boats and watercraft from the water to the boathouse for storage.
BOULEVARDA boulevard is a collector street which conveys traffic without generating cross traffic conflicts. The boulevard is intended to provide for a greater degree of mobility than for land access, and to serve motorists and pedestrians between local, access, and arterial streets. See "street" and types of streets in this section.
BUFFER YARDA specified land area located parallel to and within the outer perimeter of a lot and extending to the lot line, together with the planting and landscaping required on the land. A buffer yard is not intended to be commensurate with the term yard or setback. See "yard" and "setback" in this section.
BUILDABLE ACREThe area of a lot remaining after subtraction of the areas required to be preserved for woodlands, wetlands, and watercourses and their required buffers, steep slopes, and other natural resources required to be preserved by the Township Code.
BUILDABLE AREAThat portion of a lot bounded by the required front and rear and side yards. See "yard" in this section.
BUILDINGAn immobile structure enclosed within exterior walls or firewalls, built, erected, and framed of component structural parts and designed for the housing, shelter, enclosure, or support of individuals, animals, or property of any kind.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the coping of a flat roof or to the deckline of a mansard roof or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. Height measurement does not include spires, belfries, cupolas, penthouses, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, and ornamental or necessary mechanical appurtenances. See Figure 1: Building Height Measurement Illustration at the end of this section.
BUILDING LINESThe lines that bound the buildable area of the lot as established by this chapter beyond which a building shall not extend.
BUILDING MATERIALSThose materials used in the construction industry, including but not limited to lumber, masonry, concrete, metal, plaster, and paint, and as defined in the Pennsylvania Uniform Construction Code (PA UCC).
BUILDING PERMITA document issued by the Zoning Officer authorizing the construction or alteration of a building or structure.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the lot on which said building is situated.
CANOPYA structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.
CAR WASHA building, premises, or portion thereof used for the purpose of cleaning and/or reconditioning the exterior and interior surfaces of automobiles. Car washes may be self-operated, automatic, or have attendants or employees present, regardless of the capacity. Car washes may be a principal use or accessory use to automobile sales (new or used), automobile repair and service, or gas/fuel stations.
CARE FACILITY AND SENIOR HOUSINGAn establishment that contains dwelling units, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes based on age and/or resident needs.
(1) (a) LIFE CARE COMMUNITYA corporation or association or other business entity that, in exchange for the payment of entrance and monthly fees, provides:
[1] Residential accommodations meeting the minimum standards for residents set forth by law and ordinances and providing a design to meet the physical, social, and psychological needs of older people;
[2] Medical and nursing care covering, under ordinary circumstances, the balance of a resident's life; and
[3] Prepaid medical consultation opportunities through independent professionals selected by the organization or through some equivalent arrangement; or
[4] Financial self-sufficiency, not dependent on outside support to any significant degree, with entrance and monthly fees adjusting to meet changing costs.
(b) NURSING HOMEAn institution licensed by the Commonwealth of Pennsylvania for the care of human patients requiring either skilled nursing or intermediate nursing care or both levels of care for a period exceeding 24 hours.
CARPORTA detached accessory structure that includes private parking area(s) for the storage of one or more vehicles. A carport may be covered by a roof supported by columns or posts and has no more than two walls. An attached carport is an extension of the principal building and subject to the related building codes and zoning regulations of the permitted principal use.
CARTWAYThe surface of a street, access drive, driveway, or alley available for vehicular traffic, including travel lanes and parking lanes, but not including curbs, sidewalks, or swales.
CEMETERYAny site containing at least one burial, marked, or previously marked, dedicated to and used or intended to be used for the permanent interment of the human remains, including perpetual care and nonperpetual care cemeteries.
CHANNELA natural stream that conveys water or a ditch or open channel excavated for the flow of water.
CIVIC CLUBA nonprofit association of persons who are bona fide members paying annual dues and which owns, hires, or leases a building, or portion thereof, the use of such building being restricted to members and their guests.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersection, defined by lines of sight between points at a given distance from the intersection of street lines. See Figure 4: Clear Sight Triangle Illustration at the end of this section.
CLUSTER BOX UNIT (CBU)Freestanding and centralized unit of a concrete-pad-pedestal-mounted mailbox that contains multiple individually locked mailbox compartments and parcel lockers. CBUs may also be called "community mailboxes" or "mail kiosks."
CO-LOCATE/CO-LOCATIONIn the case of WCFs, means to install, mount, maintain, modify, or replace small wireless communications facilities (SWCFs) on an existing utility pole or other wireless support structure.
COLLEGE/UNIVERSITYAn institution of higher learning, whether public or private, which offers postsecondary academic training and which is authorized by the commonwealth to award baccalaureate or higher degrees.
COMMERCIAL MOTOR VEHICLE(1) A motor vehicle or combination designed or used to transport passengers or property:
(a) If the vehicle has a gross vehicle weight rating or gross vehicle weight of 15,000 or more pounds or such lesser rating as the department shall adopt under the provisions of Section 6103(c) (relating to promulgation of rules and regulations by department), as determined by federal regulation and published by the Pennsylvania Department of Transportation (PennDOT) as a notice in the Pennsylvania Bulletin;
(b) If the vehicle has a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater;
(c) If the vehicle is designed to transport 16 or more passengers, including the driver;
(d) If the vehicle is a school bus; or
(e) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with department regulations.
(2) The term does not include an antique or classic motor vehicle, residential vehicles or trucks with business lettering, or an implement of husbandry, or any recreational vehicle operated solely for personal use, or motorized construction equipment, including, but not limited to, motor scrapers, backhoes, motor graders, compactors, excavators, tractors, trenchers, and bulldozers.
COMMERCIAL OR PUBLIC PARKING GARAGE OR LOTAny structure, parcel, or portion of structure or parcel used by the public to temporarily park licensed and operable motor vehicles for less than 12 hours. Commercial or public parking garages or lots may be a principal or accessory use.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within a development site designed and intended for the use and enjoyment of the residents of the development, not including streets, off-street parking, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements in the development plan as finally approved and as are appropriate for the recreation of the residents. Common open space may be publicly dedicated or may be owned by a homeowners' association (HOA) consisting of the landowners within a development or may be owned by a single landowner; provided, however, that in the event of ownership by a single landowner or HOA, such parcel or parcels shall be subject to restrictive covenants acceptable to the Township and sufficient to satisfy its preservation against further development and to preserve its character.
COMMUNICATIONS SERVICE PROVIDERAny of the following:
(1) A cable operator as defined in Section 602(4) of the Cable Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
(2) A provider of information service as defined in Section 3(20) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
(3) A telecommunications carrier as defined in Section 3(44) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
COMMUNITY CENTERA building or other place owned by the Township, an HOA, or other public body in which members of a community may gather for social, educational, or cultural activities.
COMPREHENSIVE PLANThe most recently adopted version of the Official Comprehensive Plan of the Township of Pine, Allegheny County, PA, including any amendments.
CONDITIONAL USEA use which may be appropriate to a particular Zoning District, only when specific conditions and criteria prescribed for such uses have been complied with.
CONSERVATION EASEMENTA restriction against use and/or clearing placed against property by an owner and which is recorded so as to bind future owners to protect natural, productive, or cultural features. Such conservation easements may be in favor of a nonprofit conservation organization, HOA, government agency, or other entity or group empowered to administer the conservation easement.
CONSULTING FORESTER/STATE FORESTERA person employed as a forester by the Commonwealth of Pennsylvania's Department of Conservation and Natural Resources (DCNR), Bureau of Forestry, or a person listed on said Bureau of Forestry's Register of Consulting Foresters as being a graduate of a forestry school accredited by the Society of American Foresters and employed full-time as a private forestry consultant.
CONTIGUOUS TRACT, PARCEL, OR LOTAll portions of one operational unit as described in the deed or deeds, whether or not the portions are divided by streams, public roads or bridges and whether or not the portions are described as multiple tax parcels, tracts, subparts, or other property identifiers. The term includes supportive lands, such as unpaved field access roads, drainage areas, border strips, hedgerows, submerged lands, marshes, ponds, and streams.
DAY-CARE CENTERA place other than an occupied residence providing or designed to provide day care to persons of any age in structures compliant with the building and life safety codes of the Township.
DAY-CARE, HOME-BASEDAn accessory use in which care is provided pursuant to approval of the Pennsylvania's Office of Child Development and Early Learning (OCDEL) and Department of Human Services (DHS), for a maximum of five children under the age of 16 who are unrelated by blood or marriage to all owners of the premises and to all owners and operators of the home-based day-care operation being conducted on the premises. Provided, further, that the premises wherein the home-based day-care operation or business is located must be the full-time bona fide residence of the owner of said operation or business and said premises must be in compliance with all applicable provisions and requirements of the most recent editions of the Building Code, Residential Code, and Fire Code, as adopted by the Township and amended from time to time, and the Rules and Regulations of the DHS, relating to family child day-care homes, and any other applicable law, ordinance, or regulation.
DECIBELA unit of measurement of the intensity (loudness) of sound. Sound-level meters which are employed to measure the intensity of sound are calibrated in decibels (dBa).
DECISIONA final adjudication of any board or other body granted jurisdiction under this chapter do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from a determination. All decisions shall be appealable to the Court of Common Pleas of Allegheny County and applicable judicial district wherein the Township lies.
DECKA detached or attached accessory structure to a dwelling which is constructed of natural or synthetic wood, either on or above the ground, without a roof or awning, and with flooring that is not completely impervious, and which may include steps or railings.
DENSITYThe average number of persons, families, or dwellings per unit of area (acre, square mile, etc.).
DERRICKAny portable framework, tower mast, and/or structure which is required or used in connection with drilling or reworking a well for the production of oil or gas.
DETENTIONThe slowing, dampening, or attenuating of runoff flows entering the natural drainage pattern or storm drainage system by temporarily holding water on a surface area, such as detention basins, reservoirs, on rooftops, in streets, parking lots or within the drainage system itself, and releasing the water at a desired rate of discharge.
DETERMINATION(1) Final action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(a) The Board of Supervisors;
(c) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under Chapter
78 of the Township Code.
(2) Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT PLANThe provisions for development of a previously undeveloped or further development of previously developed land, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking lots or garages, common open space, and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean written and graphic materials referred to in this definition.
DIAMETER AT BREAST HEIGHT (DBH)A standard method for the measurement of trees wherein the diameter of a tree is measured at approximately four feet above its ground level.
DISCHARGERate of flow, specifically fluid flow; a volume of fluid flowing from a conduit or channel, or being released from detention storage, per unit of time; commonly expressed as cubic feet per second (cfs), million gallons per day (mgd), gallons per minute (gpm) or cubic meters per second (cms).
DISTRIBUTED ANTENNA SYSTEM (DAS)A network of WCFs that distributes RF signals from transceivers at a central hub to a specific service area with poor coverage or inadequate capacity. As typically configured, a DAS network consists of a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; a high capacity signal transport medium (typically fiber-optic cable) connecting each node to a central communications hub site; and radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. Only qualified "neutral-host" DAS networks that can support multiple providers simultaneously shall be considered public utilities if owned and/or operated by an entity granted public utility status (i.e., entities granted certificates of convenience as competitive access providers).
DOMESTIC PETSAnimals or birds customarily found in a dwelling and kept for company or pleasure, including dogs or cats, provided that there is not a sufficient number to constitute a kennel, as defined herein; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, but not including any exotic animals such as lions, tigers, ocelots or other feral cats, monkeys, bears, alligators, large or poisonous snakes, and similar animals normally kept in a zoo.
DRAINAGEThe interception and removal of excess surface water or groundwater from any land by artificial or natural means.
DRAINAGE EASEMENTA right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
DRILLING PADThe area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
DRIVE-THROUGH FACILITYA business that orients the sale of goods or services to those remaining in their vehicles while business transactions occur at a pickup window. Drive-through facilities may be considered accessory uses which are attached to another authorized principal use which involves a window, service lane, bay, or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including, but not limited to: drive-in or drive-through windows at fast-food restaurants, banks, drug stores or other businesses, exterior automated teller machines (ATMs), quick oil-change facilities, car washes and similar automotive services, and other such facilities.
DRUG AND ALCOHOL TREATMENT FACILITYHousing for individuals recovering from drug or alcohol addiction, which provides those individuals with a safe and supportive drug and alcohol-free environment that may include peer support and other recovery support services.
DWELLINGA building that contains dwelling units, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes. Each dwelling type is designated separately below.
(1) (a) GARDEN APARTMENTA multidwelling-unit building not exceeding three stories or 35 feet in height, whichever is less. Garden apartments developed on an existing lot in an existing neighborhood and/or development shall be in structures less than or equal to 6,000 square feet.
(b) MANUFACTURED HOMEA residential dwelling unit built entirely in the factory under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). Manufactured homes may be single- or multi-section and are transported to the site and installed. The federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality. The HUD Code also sets performance standards for the heating, plumbing, air conditioning, thermal and electrical systems.
(d) SINGLE-FAMILY DWELLING, DETACHEDA dwelling designed for and occupied by no more than one family and surrounded by open space or yards and having no roof, wall, or floor in common with any other dwelling unit.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENTA ROW granted, but not dedicated, for limited use of private land and within which the owner of the property shall not erect any permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ELECTRIC VEHICLEAny vehicle that operates in any way on electrical energy which includes but is not limited to the following:
(1) A battery electric vehicle.
(2) A plug-in hybrid electric vehicle.
(3) A neighborhood electric vehicle.
(4) A medium-speed electric vehicle.
ELECTRIC VEHICLE MAKE READYAll necessary electrical infrastructure to operate the charging stations, all conduit and wire is pulled to the station location(s), all concrete work is completed properly so the stations can be mounted, and any cellular repeaters are installed if required.
ELECTRONIC NOTICENotice given by the Township through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing. See "mailed notice" and "public notice" in this section.
A condition that(1) Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
(2) Has caused or is likely to cause facilities in the ROWs to be unusable and result in loss of the services provided.
EROSIONThe wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep.
ESSENTIAL FACILITIESThe erection, construction, alteration, or maintenance by public utilities [as public utilities are specifically defined in Pennsylvania's Public Utility Code (PA PUC), 66 Pa.C.S.A. § 102] or municipal or other governmental agencies of underground or overhead sewage, gas, electrical, telephone, cable television, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, gas regulators, and measuring devices, including structures in which they are housed and equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities (as public utilities are specifically defined in PA PUC, 66 Pa.C.S.A. § 102) or municipal or other governmental agencies and for the public health and safety or general welfare, but not including offices or maintenance depots.
EXPOSED TUBE-STYLE LIGHTINGA luminaire in which the light source consists of or is contained in an uncovered extruded cylinder or other shape, which may be formed into geometric patterns, lettering, logos, or emblems. This may include, but not limited to LED's, exposed glass tube lighting, neon, or rope lighting.
FAMILYAn individual; two or more persons related by blood, marriage, or adoption; or no more than four unrelated persons living as a single housekeeping unit and maintaining a common household and practicing on a permanent basis a joint economic, social and cultural life. In addition, temporary gratuitous guests or persons, such as domestic servants, employed be the family and who report to the family for supervision or decision making, may reside with the family. Family shall not be construed to include a group care facility, a group home, or halfway house/recovery community.
(1) Nothing in this definition shall be construed to prohibit providing a home for children under the age of 18 years who are foster children or are living with the family with the permission of their parent or legal guardian in a traditional family setting. With respect to persons with disabilities and/or handicaps as defined in the Fair Housing Act, 42 U.S.C. § 3601 et seq., and other similar legislation, reasonable accommodations may be requested by following Township's variance procedures, set forth in Article
VIII of this chapter, when such accommodations are necessary to afford such person(s) equal opportunity to use and enjoy a dwelling. Notwithstanding the provisions of Article
VIII et seq., if the applicant can establish a nexus between the reasonable accommodations that they are requesting and the necessity of said accommodations for providing handicapped individuals with an equal opportunity to use and enjoy housing, then said variance will be granted unless the proposed accommodations would place undue financial or administrative burdens on the Township, impose an undue hardship on the Township, or require a fundamental alteration of the applicable zoning scheme.
FARM MARKETA structure or area, on property used for agricultural purposes, to sell products grown on the premises. A farm market shall be an accessory use to an agricultural operation. See "agricultural operation" in this section.
FCCFederal Communications Commission.
FENCEAny freestanding barrier, including a wall, which is designed to confine, restrict, enclose, delineate, or shield from view a particular lot, yard, or area.
FENCE, BOUNDARYA fence, including a wall, which is used to designate, establish, or set off the border line of a lot. A boundary fence shall not constitute a "structure" only insofar as is necessary to exempt it from the general front, rear, and side yard setback regulations of the zoning district in which the boundary fence is located. Boundary fences shall be subject to the specifications for the same contained in this chapter.
FHAAFair Housing Amendments Act of 1988.
FINANCIAL INSTITUTIONA company engaged in the business of dealing with financial and monetary transactions such as deposits, loans, investments, and currency exchange. Financial institutions encompass a broad range of business operations within the financial services sector including banks, trust companies, insurance companies, brokerage firms, and investment dealers.
FLAGAny fabric containing distinctive colors, patterns, or symbols, used as a symbol of any countries, states, or the Township. A flag is not a sign.
FLOODPLAINA normally dry land area adjacent to stream channels that is susceptible to being inundated by over-bank stream flows. For regulatory purposes, the Pennsylvania Floodplain Management Act (Act of October 4, 1978, P.L. 851, No. 166) and regulations pursuant to the Act define the "floodplain" as the area inundated by a 100-year flood and delineated on a map by Federal Emergency Management Agency (FEMA).
FLOORA habitable area of uniform vertical elevation that is contained within the outside walls of a building or structure.
FLOOR AREA, GROSS (GFA)The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.
FLOOR AREA, NETThe actual occupied area not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms, and closets.
FOOTCANDLEA unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), measurable with an illuminance meter (also known as a "light meter").
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.
FOWLIncludes chickens, ducks, pigeons, pheasants, turkeys, guinea hens, and all other birds, whether raised for profit or not.
FRACKINGThe process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
FUNERAL HOME/MORTUARYA place or premise devoted to or used in the care and preparation for burial, disposition, or transportation of human remains, or any specifically designated location or address where any person or persons shall hold forth that they are engaged in the practice of mortuary science, embalming, cremation services, or funeral directing, and shall mean and include any premises of any kind whatsoever in which mortuary science in any of its branches is practiced or in which more than five funerals may be conducted in any calendar year, except publicly owned buildings, places of worship and meeting places of fraternal organizations. Funeral homes/mortuaries may include crematoriums, visitation rooms, and administrative offices.
GARAGE, RESIDENTIALAn accessory structure to a residential use or a portion of a residential structure that is designed or used for the storage of motor-driven vehicles owned and used for noncommercial purposes by the occupants of the building to which it is accessory. Residential garages may also be used in conjunction with a home occupation or no-impact home-based business for storage only.
GAS/FUEL STATIONA building(s), premises, or portions thereof, which are used, arranged, designed, or intended to be used for the retail sale of gasoline or other fuel for motor vehicles. This land use classification shall include electric recharge stations for electric motor vehicles. Gas/fuel stations may include the operation of a convenience food store in conjunction with the retail sale of petroleum products. Gas/fuel stations may sometimes also be located with an automobile repair and service use, but only when the automobile repair and service use is also allowable in the zoning district.
GAZEBOA freestanding, accessory, roofed structure, usually open on the sides.
GOVERNING BODYThe Board of Supervisors of the Township of Pine or its successor legislative body, if any.
GREENHOUSEAn accessory structure that is enclosed and may be permanent or portable, in which temperature and humidity can be controlled for the cultivation and protection of plants is used for growing of plants, incidental or as an accessory to an existing residential use. Greenhouses shall be accessory to residential uses or nurseries. See "nursery" in this section.
GREENWAYA strip of land adjacent to all state-owned roadways and all Township-owned arterial and collector streets that is to remain wooded or be landscaped.
GROSS LAND AREAThe total square footage or acreage of a parcel of land prior to subdivision, development, or offer of or acceptance of dedication of land area for access drainage and/or public utility easements and/or ROWs.
GROUP CARE FACILITY(1) A facility which provides room and board and specialized services for:
(a) More than eight residents who are mentally or physically disabled;
(b) Any number of permanent residents who are dependent and/or delinquent children under the age of 18 adjudicated by the court system;
(c) Mentally disturbed persons of any age; or
(d) Persons assigned by a court of law or public or semipublic agency on a short-term basis for supervision, care, and counseling for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration and other such transitional and/or supervised short-term assignments.
(2) Staff shall be qualified by the sponsoring agency, who may or may not reside at the facility, and who provide health, social and/or rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency.
GROUP HOMEA residential facility used as living quarters by no more than four unrelated persons, each of whom is handicapped within the meaning of the Fair Housing Act, 42 U.S.C. § 3601 et seq., living together, long-term, as a single, nontransient housekeeping unit, with such nonresident staff as may be needed to assist the residents with their daily life activities. To be considered a single, nontransient housekeeping unit, all residents must have common use of and access to all living areas, eating areas, bathrooms and food preparation and serving areas. A "group home" constitutes a "family," as defined in this section. (1) This term specifically excludes residences or homes for persons with current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802), alcoholism or drug addiction, work-release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration and any persons whose residency in the home would constitute a direct threat to the health or safety of other individuals, except to the extent that such groups constitute "handicapped" persons, within the meaning of the Fair Housing Act.
GRUBBINGCleaning of underbrush from a well-treed area.
HALFWAY HOUSE/RECOVERY COMMUNITYA Pennsylvania Department of Drug and Alcohol Programs-licensed facility providing a temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes:
(1) To help them recuperate from the effects of drug or alcohol addiction (a disability);
(2) To help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs (not a disability); or
(3) To help people with family or school adjustment problems that require specialized attention and care to achieve personal independence (not a disability).
(4) Interrelationships between residents are an essential component of a halfway house/recovery community. Residency is limited to a specific number of weeks or months.
HARVEST AREAThe location on the site where timber harvesting occurs.
HEIGHT OF A TOWER-BASED WCFThe vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including nontower WCF mounted on the tower and any other appurtenances.
HELICOPTERAny rotorcraft, other than a model or radio-controlled rotorcraft that for its horizontal motion, depends principally on its engine-driven rotor.
HELIPORTAny area of land, water or structure which is used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are used for heliport buildings or helicopter facilities or ROWs, together with all heliport buildings and facilities thereon.
HIGHWAY, MAJORA street of substantial continuity and used primarily as a traffic artery for intercommunication among large areas.
HOME OCCUPATIONAny use customarily carried on entirely within a dwelling, by the occupant thereof, which use is clearly incidental and subordinate to the use of the dwelling as a residence. Home occupations shall be limited to no more than three attendees at one time. Home occupations are different than no-impact home-based businesses. See "no-impact home-based business" in this section.
HOMEOWNERS' ASSOCIATION (HOA)An organization formed to manage the common open space and common facilities within a development plan that are not to be publicly owned and maintained. Membership in and financial support of such organization is mandatory for all owners of private property in the plan.
HOSPITALA duly licensed institution providing medical or surgical care and treatment for the sick and injured.
HYDRAULICS(1) The branch of science concerned with the mechanics of fluids, especially liquids.
(2) As applied in stormwater management, the study of the characteristics of water flow in, and conveyance capacity of, a watercourse, considering such factors as depth, velocity, and turbulence.
HYDROLOGYThe science dealing with the waters of the earth and their distribution and circulation through the atmosphere. Engineering hydrology deals with the application of hydrologic concepts to the design of projects for use and control of water.
ILLUMINATIONA source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.
(1) (a) EXTERNAL ILLUMINATIONArtificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.
(b) INTERNAL ILLUMINATIONA light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this chapter.
(c) HALO ILLUMINATIONA sign using a 3D message, logo, etc., which is lit in such a way as to produce a halo effect (Also known as "back-lit illumination").
IMMINENT AND ORDERLY DEVELOPMENTDevelopment which is reasonably expected to commence based on approved plans and permits within 30 days of the clearing and grubbing of the site, said construction to be undertaken on a minimum regular work schedule of eight hours per day, 40 hours per week.
INSPECTORAn employee of the Allegheny County Health Department authorized and designated by the Director of such Department; the Township Manager, Assistant Manager, Solicitor, Director of Code Administration, and/or Code Enforcement Officer; an employee of the Northern Regional Police Department authorized by the commanding officer of such police force; or other persons designated by the Board of Supervisors to inspect premises regulated under this chapter, to cooperate in taking the required actions authorized by this chapter where violations are found on a premises and to request correction of unsatisfactory conditions found on a premises.
JUNKYARDAny lot where junk materials are stored, processed, or sold.
KENNELAny dwelling, building, structure, lot, land, or establishment not otherwise meeting this section's definition of "indoor kennel" and where more than four dogs, four cats, or four other domesticated animals typically kept as pets (or any combination thereof exceeding a total of four such animals) of six months in age or older are kept, bred, trained, or boarded (whether or not for profit).
KENNEL, INDOORAny dwelling, building, structure, or establishment where more than four dogs, four cats, or four other domesticated animals typically kept as pets (or any combination thereof exceeding a total of four such animals) of six months in age or older are kept, bred, trained, or boarded (whether or not for profit) exclusively within an enclosed dwelling, building, or structure. An indoor kennel shall not be construed to be within the definition of "kennel" otherwise contained in this section.
LAND DEVELOPMENTAny of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) 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.
LAND DEVELOPMENT PLANThe provisions for development, including a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition and the graphic and written presentation conforming to the requirements of Chapter
78 of the Township Code, as amended.
LANDING AREA (FORESTRY OR LOGGING)A designated location on land where the harvested timber, including logs, pulpwood, or firewood, is assembled for transportation off-site to processing facilities.
LANDING AREA (HELIPORT)Any area used, or intended to be used, for the landing, taking off, or surface maneuvering of aircraft.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land. The signature of any single landowner holding land in joint tenancy shall be considered as binding upon the others.
LIBRARYA building or room containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow, or refer to.
LIGHT MANUFACTURING, RESEARCH, AND TESTINGAny manufacturing or industrial processing which, by the nature of the materials, equipment and process utilized, is predominantly clean, quiet, and free of any objectionable or hazardous element and which is not objectionable by reason of odor, noise, vibration, cinders, gas, fumes, dust, smoke, refuse matter, or water-carried waste.
LIVESTOCKThe class of animals that are customarily kept and housed outside the home or in enclosures such as pens, barns, corrals, or paddock areas. Livestock includes, but is not limited to, horses, cattle (beef and dairy), llamas, mules, swine, sheep, goats, chickens, and fowl. Animals customarily considered to be domesticated such as dogs, cats, and other small pets are not considered livestock under this chapter.
LOADING SPACE/BERTHA space within the main building or on the same lot therewith providing for the standing, loading, or unloading of trucks and having minimum dimensions of 12 feet by 50 feet and a vertical clearance of 14 feet.
LOGGING OPERATORAny individual, partnership, company, firm, association, or corporation engaged in logging or timber harvesting, including agents, subcontractors, and employees thereof.
LOGGING OR TIMBER HARVESTINGThe practice or operation of felling trees, cutting them into logs and selling them, or transporting the logs to sawmills or to market, or milling or otherwise processing them on-site for transportation off-site or resale. Such practices or operations are a permitted use in all zoning districts.
LOTA designated or engineered parcel, tract, or area of land, established by a plat or otherwise as permitted by law, and to be used, conveyed, sold, developed, or built upon as a unit. See Figure 2: Lot Type Illustration at the end of this section.
(1) (a) LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads or at the point of abrupt change of a single street or private road, where the interior angle is less than 135 and the radius of the street or private road line is less than 100 feet.
(b) LOT, FLAGA lot that has any portion of its front lot line or front yard abut the rear or side yard of an adjacent lot rather than a public road ROW and where access to the public road ROW would typically be by a narrow, private road ROW or driveway. Flag lots do not meet the required minimum lot width at the minimum building setback line. Flag lots are prohibited within the Township.
(c) LOT, FRINGEA lot that is located at the perimeter of a Town Center Planned Residential Development Overlay District (TC-PRD) where property lines are adjacent to other land uses.
(d) LOT, INTERIORA lot other than a corner lot with only one frontage on a street other than an alley.
(f) LOT AREAThe area of a lot on which a building and its accessories are located, provided that the area shall be measured to the street ROW line only, and not including any part of an alley or areaway used in common with the owner or occupier of other lots.
LOT COVERAGEThe percentage of the lot area covered by all principal structures, accessory structures, and impervious surfaces. When calculating, the following formula shall be used:
Where: |
LC% | = | Lot Coverage %. |
LS | = | Lot Size (square feet). |
TLC | = | Total Lot Coverage (square feet). |
See Figure 3: Yard and Lot Coverage Illustration at the end of this section. |
LOT DEPTHThe average distance to the rear lot line from the front lot line or the street ROW line, whichever is lesser.
LOT LINEA line that denotes the boundary of a lot or parcel of land, as defined herein.
(1) (a) LOT LINE, FRONTA line measured along the ROW of any street frontage, whether public or private, between the side lot lines.
LOT OF RECORDAny lot which, individually or as a part of a subdivision, has been recorded in the Department of Real Estate of Allegheny County.
LOT WIDTHThe horizontal distance between side lot lines at the building setback line.
MAILED NOTICENotice given by the Township by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing. See "electronic notice" and "public notice" in this section.
MARQUEEA permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.
MEDICAL CLINICA structure or portion of a structure used by physicians, surgeons, dentist, chiropractor, optometrist, psychologist, psychiatrist, or similar professional. Medical clinics shall not include a structure or portion of a structure used by a drug and alcohol treatment facility, methadone treatment facility, or animal and veterinarian service.
MEDICAL MARIJUANA DISPENSARYThe use of the premises by a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to dispense medical marijuana per the Medical Marijuana Act (Act 16, Pennsylvania Law 84, No. 16).
MEDICAL MARIJUANA GROWER/PROCESSORThe use of the premises by a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to grow and/or process medical marijuana.
METHADONE TREATMENT FACILITYA facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance, or detoxification of persons.
MICROBREWERY/DISTILLERYAn establishment that brews, distills, produces, and/or serves 465,000 gallons or less per year of alcoholic beverages for consumption on-site with distribution. Such uses may be in combination with restaurants or remain independent and they may also have tasting rooms and retails sales of the products.
MICRO-WIRELESS COMMUNICATIONS FACILITYA WCF, including those deployed aerially between utility poles or similar fixtures, that does not exceed two cubic feet in volume, and having dimensions no greater than 24 inches in length, 15 inches in width, and 12 inches in height, and an exterior antenna of no greater than 11 inches in length.
MINERALAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat, and crude oil and natural gas.
MINERAL DEVELOPMENTMineral development is a broad land use classification that includes the operations listed below. Mineral development does not include oil and gas facilities or related operations. See "oil and gas development" and "natural gas compressor station" in this section.
(1) (a) METALLIC MININGThe extraction of valuable minerals or other geological materials from the earth from an ore body, lode, vein, seam, or reef, which forms the mineralized package of economic interest to the miner.
MIXED-USEA commercial use in combination with a residential use in a single principal structure.
MOBILE FOOD TRUCK/VENDORA food establishment preparing and/or serving foods from a self-contained vehicle, either motorized or within a trailer, on public or private property and that is readily movable, without disassembling, for transport to another location.
MODIFICATION/MODIFYIn the case of WCFs, the improvement, upgrade, or replacement of a SWCF or an existing utility pole that does not substantially change the physical dimension of the SWCF or utility pole.
MONOPOLEA WCF or site which consists of a single pole structure, designed, and erected on the ground or on top of a structure, to support nontower WCF and connecting appurtenances.
MOTEL or HOTELA building or group of buildings on the same premises and under single control, consisting of two or more living or sleeping quarters kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay to transient guests or tenants. Motels/hotels must be registered with the Pennsylvania Department of Revenue as a bona fide hotel/motel operation and are required to pay the levied tourist development tax promulgated by Allegheny County.
MUNICIPAL POLEA utility pole owned, managed, or operated by or on behalf of the Township.
NATURAL GAS COMPRESSOR STATIONA 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 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 PROCESSING PLANTA 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 designed and constructed primarily to remove water, water vapor, oil, or naturally occurring liquids from natural gas.
NATURE PRESERVEA parcel of land devoted exclusively for the preservation of existing natural resources and natural animal habitats.
NIGHTCLUBAn establishment primarily for evening, late-night to early morning entertainment, that typically serves food and/or alcoholic beverages, and may provide either live or prerecorded music or video, comedy acts, floor shows, with or without the opportunity for dancing. A nightclub may not include any aspects of adult entertainment or an adult-oriented establishment, as either are elsewhere defined and regulated in this chapter.
NITSThe measurement of the light emanating from an object that is used to quantify digital sign brightness, which is calculated by the total amount of light emitted from a sign divided by the surface area of the sign measured as candelas per square meter.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use.
(1) The business or commercial activity must satisfy the following requirements:
(a) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b) The business shall employ no employees other than family members residing in the dwelling.
(c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
(e) The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h) The business may not involve any illegal activity.
(2) No-impact home-based businesses are different than home occupations. See "home occupation" in this section.
NONCONFORMING BUILDING/STRUCTUREA building, structure, or part of a building or structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming buildings or structures include, but are not limited to, nonconforming signs.
NONCONFORMING LOTA lot, of which the area or dimension was lawful prior to the adoption or amendment of this chapter, but now fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGNA sign that was legally erected and maintained at the effective date of this chapter, or amendment thereto, that does not currently comply with sign regulations of the zoning district in which it is located.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (WCF)All nontower WCFs, including, but not limited to, nontower WCF and related equipment. Nontower WCF shall not include support structures for nontower WCF or any related equipment that is mounted to the ground or at ground level.
NURSERYA retail or wholesale business that sells flowers, plants, shrubs, trees, and other natural flora and products that aid their growth and care and that may include a greenhouse and/or the growing of plant material outside on the lot.
NURSING HOMESee "care facility and senior housing" in this section.
OCCUPANCY PERMITA permit for the occupancy of a building, structure, or lot indicating compliance with all provisions of this chapter.
ODOR THRESHOLDThe minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers.
OFFICES, BUSINESS AND PROFESSIONALAny office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.
OIL OR GAS DEVELOPMENTThe well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production, gathering, and transportation of oil and gas. This definition includes exploratory and storage wells but does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
OIL OR GAS WELLA pierced or bored hole drilled or being drilled in the ground 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.
OIL OR GAS WELL SITEA location at which oil and gas development occurs and including a 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 are to be utilized. This definition also includes exploratory and storage wells.
OPERATORIn the case of oil and natural gas, the person or entity designated as the oil or gas well operator on the permit application or well registration for an oil and gas development or a natural gas compressor station or a natural gas processing plant.
OUTDOOR DININGThe utilization of unenclosed sidewalk space beyond the building line or commercial patio to accommodate and for the purpose of the serving of food and drink to patrons of an operating restaurant or food service business fronting on that space. Outdoor dining shall also include such areas used by restaurants, food service businesses and other food establishments for the outdoor sale of food to the public. See "patio" and "deck" in this section.
OUTDOOR FIREPLACEAre site constructed, stationary and permanent in nature, solid-fuel- or natural-gas-burning, and may be constructed of stone, brick, concrete, clay, or other noncombustible material. An outdoor fireplace will typically have a health, firebox, and chimney or stack.
OUTDOOR STORAGEThe keeping of any discarded goods, junk, material, merchandise, or junked or abandoned vehicles outside of a structure in the same place for more than one week; or the stockpiling of materials, merchandise, supplies on an on-going basis except during construction. The storage of any material, merchandise, supplies, equipment, etc., not in an enclosed building. In the case of recreational vehicles and hauling trailers, including flatbed trailers, whether for commercial, recreational, or personal use, storage shall be considered periods exceeding seven consecutive days in any one-month period.
OVERLAY DISTRICTA zoning district that encompasses one or more underlying zoning district and that imposes additional requirements or provisions above those required by the underlying zoning district.
OWNERIn the case of oil and natural gas, a person or entity, who owns, manages, leases, operates, controls, or possesses an oil or gas well or a natural gas compressor station or a natural gas processing plant.
PARK OR DEDICATED OPEN SPACE OR RECREATION LANDA parcel of land integrated within a subdivision or land development that is dedicated, either publicly or privately, specifically for use as a park, open space, and/or active recreation area.
PARK-AND-RIDE FACILITYA facility designed for patrons to park their private vehicle and transfer to other private or public transportation.
PATIOAn on-grade surface area, usually paved, adjoining a house or freestanding, and serving as an area for outdoor living. Patios shall be accessory uses to residential dwellings. See "outdoor dining" in this section.
PAVILIONAn open-air accessory structure used as a shelter or gathering.
PENNSYLVANIA UNIFORM CONSTRUCTION CODE (PA UCC)The Uniform Construction Code applying to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure which occurs on or after April 9, 2004, and all existing structures that are not legally occupied, including, but not limited to: The provisions of Chapters 2-29 and 31-35 of the International Building Code, the ICC Electrical Code, the International Mechanical Code, the International Fuel Gas Code, the International Plumbing Code, the International Residential Code, the International Fire Code, the International Energy Conservation Code, Sections AE501-AE503 and AE601-AE605 of Appendix E of the International Residential Code, the International Existing Building Code, the International Urban-Wild land Interface Code, Appendix E of the International Building Code, Appendix H of the International Building Code and Appendix G of the International Residential Code.
PHARMACYA retail store which primarily sells prescription drugs, patent medicines, and surgical and sickroom supplies.
PLACE OF WORSHIPA semipublic use, including any of the following: church, manse, rectory, convent, synagogue, parish, monastery, seminary, or similar building incidental to the particular use; but this term does not include business offices, except administrative offices incidental to the operation of the particular use, rescue missions or the occasional use for religious purposes of properties not regularly so used.
PLATThe map or plan of a subdivision or a land development, whether preliminary or final.
POINT OF INTERESTA point of hydrologic and hydraulic importance used for computing a release-rate percentage. These may include points of stream confluences, an existing obstruction or problem area or other similar points.
POLE-MOUNTED/SHARED USE COMMUNICATIONS FACILITYIn the case of WCFs, any antenna used for the transmission or reception of any radio wave or radio signal, which is to be mounted upon a preexisting steel or metal electrical transmission tower owned or operated by a public utility.
PRE-COMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, specific composition, or health for the residual stand but does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
PREMISESThe property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.
PROFESSIONAL ENGINEERA currently licensed professional engineer registered by the Commonwealth of Pennsylvania. See "registered professional" in this section.
PROFESSIONAL LAND SURVEYORAn individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering. See "registered professional" in this section.
PROPERTY OWNER/LANDOWNER (FORESTRY OR LOGGING)Any individual, partnership, company, firm, association, or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer the logging or timber harvesting.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC IMPROVEMENTSAll roads, streets, walkways, sidewalks, gutters, curbs, sewers, waterlines, stormwater management facilities, landscaping, street lighting, traffic control devices, and other facilities to be dedicated to or maintained by the Township.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 relating to open meetings.
PUBLIC NOTICEA 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. See "electronic notice" and "mailed notice" in this section.
PUBLIC UTILITYA business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, as such is specifically defined within PA PUC, 66 Pa.C.S.A. § 102.
REASONABLE TIMEWhen referencing seeding of disturbed areas, shall be interpreted to be within 14 days after grading activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within 14 days of April 1.
RECREATION AREA, ACTIVEAny area required by a provision or provisions of the applicable development requirements, which includes recreational land, and recreational facilities, and amenities associated therewith.
RECREATION AREA, PASSIVEAny area required by a provision or provisions of the applicable development requirements, which does not necessarily contain active recreation facilities.
RECREATION FACILITY, COMMERCIAL OR PRIVATEAn indoor and/or outdoor facility that may be used for swimming, bowling, tennis club, rink, track, alley, cage, course, field throwing, or other similar types of uses in which the patrons pay a fee and/or are members to participate in or view a recreational or entertainment physical activity, including activities which include motorized vehicles and the like.
RECREATION FACILITY, PUBLICA facility owned by the Township, a public or quasi-public body, or an HOA designed for the preservation of historic or scenic property or recreational use by the general public. Public recreation facilities include open space and parks for public access, public parks, public gathering spaces, and Township-owned recreation areas and playgrounds free of charge.
RECREATIONAL VEHICLEA vehicle which is either self-propelled or towed by a consumer-owned tow vehicle and may be designed to provide temporary living quarters for recreational, camping or travel use that complies with all applicable Federal vehicle regulations and is certified by the manufacturer as complying with NFPA 1192 Standard on Recreational Vehicles or ANSI A119.5 Park Model Recreational Vehicle Standard and includes the following types as defined by the Pennsylvania Board of Vehicles Act (Act of Oct. 24, 2018, P.L. 816, No. 134):
(3) Fifth-wheel travel trailer.
(7) Boats, jet skis, recreational hauling trailers.
REGISTERED PROFESSIONALAn individual licensed in the Commonwealth of Pennsylvania to perform services or activities required by provisions of this chapter and qualified by training and experience to perform the specific services and/or activities with technical competence.
RELATED EQUIPMENTIn the case of WCFs, any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or nontower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
RENTALA procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.
RESOURCE INVENTORYAn inventory of existing natural features of the site, submitted on a scaled drawing, that illustrates slopes; woodlands and other existing vegetative cover; streams, ponds, and other watercourses; wetlands; and other significant historical and cultural features of the site. Resource inventories shall include the requirements set forth in the development and design standards of Chapter
78 of the Township Code.
RESTAURANTAn establishment where food is prepared and available to the general public for a determined compensation, primarily for consumption within a structure on the premises and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.
RESTAURANT, DRIVE-THROUGHAn establishment where food, soft drinks, ice cream and similar confections are sold for principal consumption outside the confines of the principal building or in automobiles, regardless of whether or not seats are provided for patrons.
RETAIL SALES AND SERVICEA retail establishment located entirely within an enclosed building which sells goods, services, or merchandise to the general public for personal, household, or office consumption and which shall not include wholesaling, manufacturing, or processing of the goods offered for sale.
RIGHT-OF-WAY (ROW)A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses. A ROW grants a lot interest to the grantee and no permanent structure may be erected therein.
SCHOOLAny public, private, charter, or parochial place of instruction, not including institutions of higher learning, having regular sessions, with regularly employed instructors, which teaches those academic subjects that are fundamental and essential in general education and which provide preprimary and/or kindergarten through 12th grade, or a vocational school, all meeting the requirements of the Department of Education of the Commonwealth of Pennsylvania, but excluding any privately operated school of trades, vocations, avocations or business. See "college/university" and "trade school" in this section.
SELF-STORAGE FACILITYAny real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes.
SETBACKThe minimum required horizontal distance between a setback line and a property or street ROW line.
SETBACK LINEA line parallel to a lot line, defining the building setback required by this chapter.
SETBACK LINE, FRONTThe building setback line that is parallel to the front lot line, located at a distance as required by this chapter.
SETBACK LINE, REARThe building setback line that is parallel to the rear lot line, located at a distance as required by this chapter.
SETBACK LINE, SIDEThe building setback line that is parallel to the side lot line, located at a distance equal to the side yard required by this chapter.
SHEDA detached, accessory structure which is incidental to a permitted residential structure. Sheds typically sit on a simple concrete slab, piers, or soil and are used to store household goods, tools, and/or equipment. Sheds shall include but are not limited to tool sheds, residential greenhouses, and pool equipment structures. All nonresidential detached storage structures are defined as storage buildings. See "storage building" in this section.
SHORT-TERM RENTALThe principal use of a building where temporary lodging is provided for compensation for less than 30 days. Short-term rentals are generally facilitated by an online tool that allows for peer-to-peer lodging options where the lodging facilities are generally owned by private individuals. Short-term rentals do not include motels/hotels or bed-and-breakfast establishments. Short-term rentals may also be known as Airbnb, VRBO, HomeAway, etc.
SIGNAny device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the sign faces as well as any sign supporting structure. The following terms and definitions are associated with the sign regulations contained in this chapter.
(1) TYPES OF SIGNS:
(a) ABANDONED SIGNA sign or sign structure on a site, which identifies a business that is not operating or does not have services offered on the premises on which the sign is located.
(b) ADDRESS SIGNThe number or other designation assigned to a housing unit, business establishment, or other structure for all purposes of location, mail delivery, and emergency services.
(c) ADVERTISING VEHICLEAny sign displayed on a parked vehicle, where the primary purpose of the vehicle is to advertise a product or business or to direct people to a business or activity during all or part of the day. For the purposes of this chapter, vehicular signs shall not include business logos, identification, or advertising on vehicles primarily used for other personal transportation.
(e) BANNER SIGNAny cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope, wire, or framing which is anchored at all four corners. Banners are temporary in nature and do not include flags.
(f) CAMPUS SIGNAny on-premises sign that assists the flow or circulation of pedestrian or vehicular traffic.
(g) CANOPY SIGNA sign mounted, painted, or attached to, or integral to a canopy.
(h) CHANGEABLE-COPY SIGN, MANUALA sign that is designed so that characters, letters, or illustrations can be changed or rearranged manually to change the message on the sign without altering the face or surface of the sign.
(j) FLASHING SIGNA sign that contains an intermittent or sequential flashing light source or has a light source which is not stationary, varies in illumination intensity, or contains elements which give the appearance of any of the aforementioned.
(k) FREESTANDING SIGNA sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:
[1] GROUND/MONUMENT SIGNA sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building.
[2] POLE/PYLON SIGNA freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
(l) GOVERNMENTAL SIGNAny sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee, or agent thereof, in the discharge of official duties. Governmental signs are owned, installed, and maintained by the Township of Pine, County of Allegheny, the Commonwealth of Pennsylvania, or other governmental agency. Government signs may also include safety controls installed by federal, state, or local agencies designed to protect the public.
(m) ILLUMINATED SIGNA sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
(n) INCIDENTAL SIGNA sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs shall not contain any commercial advertising.
(o) INCIDENTAL WINDOW SIGNSigns displayed in the window displaying information such as the business' hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain a commercial message.
(p) KIOSK SIGNA sign consisting of three or more sides that list names of businesses or other directional information located on a property or in a building.
(q) MARQUEE SIGNAny sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.
(r) MECHANICAL MOVEMENT SIGNA sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means but shall not include wind-activated movement such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.
(s) MENU BOARD SIGNA sign that lists for consumers the various options of products, goods, or services provided by a business.
(t) MULTITENANT BUILDING SIGNA freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.
(u) OFF-PREMISES SIGNA sign advertising a business, person, activity, goods, or service not located on the premises where the sign is located.
(v) OUTDOOR ADVERTISING SIGN (BILLBOARD)Any writing, printing, painting, display, surface, fabric, emblem, drawing, electronic display, computerized display or other device designed to convey information visually, be viewed by the public and intended to convey a message unrelated to the premises where such sign is located or to advertise products or services other than those which are sold or otherwise made available on the premises where the sign is located; and including the structure supporting such sign.
(w) PATHFINDER SIGNA pathfinder sign is a Township-owned and maintained sign directing traffic to, from, or within a region within the municipality to provide information for a commercial, residential, or industrial development. A pathfinder sign provides the necessary information to facilitate safe and efficient traffic flow and is typically located on a site other than the facility or event to which the sign directs.
(x) PENNANTA triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.
(y) POLITICAL SIGNAny sign that advertises a candidate or an issue, which is to be voted on in a local, state, or federal election process.
(z) PORTABLE SIGNA sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.
(aa) PROJECTING SIGNA building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee. Projecting signs shall not project more than 12 inches from the face of the wall where displayed.
(bb) PROJECTION SIGNA sign which reproduces a remote image, by optical or any other means, on any surface.
(cc) REAL ESTATE SIGNA temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
(dd) ROOF SIGNA building-mounted sign erected upon, against, or over the roof of a building and projects above the highest point on a wall that supports the roofline.
(ee) SANDWICH BOARD SIGNA type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians.
(ff) SITE DEVELOPMENT SIGNA sign indicating that the premises is in the process of being subdivided and/or developed for the construction of dwellings or other buildings.
(gg) STREAMERA display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.
(hh) TEMPORARY SIGNA type of nonpermanent sign that is located on private property that can be displayed for no more than 30 consecutive days at one time.
(ii) WALL SIGNA building-mounted sign, which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface in such a way that only one face of a sign is visible. A sign installed on a false or mansard roof is also considered a wall sign.
(jj) WINDOW SIGNAny sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.
SIGN AREAThe smallest quadrangle encompassing the entire face of a sign, including the advertising surface and any framing, trim, molding, background, and the supporting structure situated above the lowest edge of the sign face.
SIGN BACKLIGHTING/SILHOUETTE LIGHTINGA method of internal illumination whereby the light source is contained within the sign structure. Illumination is directed towards the building facade, thereby backlighting, or silhouetting the sign itself.
SIGN BASE/SUPPORTING STRUCTUREPoles, posts, walls, frames, brackets, or other supports holding a sign in place. Sign bases may act as a supporting structure.
SIGN FACEThe area or display surface, including the advertising surface and any framing, trim, or molding, used for the message on a single plane.
SIGN HEIGHTThe vertical distance measured from the lowest finished grade elevation directly beneath the sign to the highest point of a sign, including all decorative embellishments.
SIGN, DESTROYED40% to 60% or more of the upright supports of a sign structure are physically damaged such that a normal repair practice would call for. In the case of wooden sign structures, replacement of the broken supports or, in the case of metal sign structures, replacement of at least 20% to 30% of the length above ground of each broken, bent, or twisted support.
SITE PLAN (FORESTRY OR LOGGING)A graphic and narrative depiction of the land and practices involved in a logging or timber-harvesting operation and including all information required by this chapter.
SKID TRAILThe trail, path, temporary roadway, or any other unencumbered route, utilized by the logging operator to move felled trees from the harvest area to the landing area.
SKIDDINGThe process of dragging trees on the ground, by any means necessary, from the harvest area to the landing area.
SLASHThe woody debris left on the land after timber harvesting, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
SLOPEThe degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.
SMALL WIRELESS COMMUNICATIONS FACILITY (SWCF)(1) A WCF, including micro WCFs, commonly used for the deployment of the next generation of wireless service, including 5G that meets the following conditions:
(a) The structure on which antenna facilities are mounted:
(b) Is 50 feet or less in height; or
(c) Is no more than 10% taller than other adjacent structures; or is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and
(d) Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
(e) All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and
(f) The facility does not require antenna structure registration under FCC regulations; and
(g) The facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(h) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.
SOLAR COLLECTION SYSTEMA solar photovoltaic cell, panel, 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.
SOLAR ENERGY PRODUCTION FACILITY, LARGEAn area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy. Large solar energy production facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities. A facility is considered a large solar energy production facility if it supplies electrical or thermal power solely for off-site use.
SOLAR ENERGY SYSTEM, SMALLA solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and solar related equipment and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
SOLAR-RELATED EQUIPMENTItems including a solar photovoltaic cell, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing, and possibly foundations used for or intended to be used for collection of solar energy.
SPORTS COURT, PRIVATEA surfaced outdoor area accessory to a dwelling or dwellings, used for playing sports, including, but not limited to, tennis, handball, basketball, and similar sports.
SPRING/PUMP HOUSEAn accessory structure used for mechanically drawing water from a body of water, spring, or well for use by a dwelling unit. A spring/pump house shall be an accessory use to residential dwellings.
STEALTH TECHNOLOGYIn the case of WCFs, camouflaging methods applied to wireless communications towers, nontower WCF and other facilities which render them more visually appealing or blend the proposed facility into existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted nontower WCF, building-mounted nontower WCF painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles. The Township is authorized to publish objective standards for stealth technology to ensure that the established character of the Township is maintained.
STEEP SLOPEThose slopes identified on a topographic survey prepared by a land surveyor registered in the Commonwealth of Pennsylvania as any area over a 100-foot horizontal distance, the slope exceeds 25% from the top to bottom of a break in grade. Said break in grade must be at least a change in grade of 5% before consideration. All areas over 25% shall be outlined on the topographic plan.
STOOPA landing outside of a doorway, generally at or nearly at grade level.
STORAGE BUILDINGAn accessory structure used for storing goods and products incidental to a permitted, nonresidential, principal use.
STORAGE WELLA well-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.
STORM SEWERA sewer that carries intercepted surface runoff, street water and other wash waters or drainage, but excludes domestic sewage and industrial wastes.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREETA strip of land, public or private, including the entire ROW, not limited to the roadway, intended for general use as a means of vehicular and pedestrian circulation to provide access to more than one lot. "Street" is synonymous with the words "avenue," "road," "highway," "drive," "lane," and other similar words. See Appendix C for a full list of arterial and collector streets within the Township.
(1) TYPES OF STREETS:
(a) STREET, ARTERIALAny U.S. or state numbered route, controlled access highway, or other major street or highway designated by the Township within its respective jurisdiction as a part of a major arterial system of streets or highways.
(b) STREET, COLLECTORA street which provides access from a local roadway to the arterial transportation system in the Township. The collector street provides for equal amounts of mobility and land access. These roadways generally serve as major circulation routes.
(c) STREET, LOCALA local street is intended to provide immediate access to adjoining properties and land uses. Local roads are intended to provide transportation access within a particular neighborhood or to provide access to an arterial, collector, or access drive.
STREET FRONTAGEThe linear frontage or frontages of a lot or parcel abutting on a private or public street which provides principal access to, or visibility of, the premises.
STRUCTUREAnything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, outdoor advertising signs, swimming pools, backstops for tennis courts and pergolas; provided, however, that a boundary fence shall not constitute a "structure" only insofar as is necessary to exempt it from the general front, rear, and side yard setback regulations of the zoning district in which the boundary fence is located.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGEIn the case of WCFs:
(1) Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed WCF may exceed the size limits set forth herein if necessary to avoid interference with existing nontower WCF; or
(2) Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SWIMMING POOL, PRIVATE HOME/RESIDENTIALA permanent swimming pool that is more than 24 inches deep and is located on private property. Private home/residential swimming pools shall be an accessory to a family dwelling.
SWIMMING POOL, PUBLIC/COMMERCIALA structure intended for swimming or recreational bathing by the public available for a fee or membership that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs, and spas. Public/commercial swimming pools shall be a principal or accessory use.
TEMPORARY EVENT, STRUCTURE, OR USEAny event, structure, or use intended to be used for 180 days or less, unless otherwise restricted, including but not limited to construction office, equipment shed, or trailer, exhibit or sale, indoor/outdoor events, tents, seasonal displays, and similar events, structures, or uses. See "temporary event, structure, or use permit" in this section.
TEMPORARY EVENT, STRUCTURE, OR USE PERMITA permit issued by the Zoning Officer for short-term use of a property for a temporary event, structure, or use. See "temporary event, structure, or use" in this section.
THEATER, DRIVE-INAn open lot upon which motion pictures are shown to the public on an outdoor screen, excluding any other accessory use.
THEATER, INDOORAn enclosed building or movie house where motion pictures or live performances are shown to the public, excluding drive-in theaters or any other accessory use.
TOPThe upper portions of a felled tree that is unmarketable because of small size, taper, or defect.
TOWER, CELLULARA communications tower using low power transmitters (approximately 100 watts) to transmit signals in a cell or cellular radio-telephone services (cellular), personal communications services (PCS), enhanced specialized mobile radios (ESMR), truck mobile cellular radios, paging services and similar cellular-based communications to the general public. Cellular communications are considered a public utility. This definition shall not be interpreted to include SWCF.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)Any structure that is used for the purpose of supporting one or more nontower WCF, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
TOWNSHIP ENGINEERThe official Township Engineer of Record or engineering consultant of the Township.
TRADE SCHOOLAny school having regular sessions with regularly employed instructors which, as a principal activity, provides training in a trade or vocation and which also provides instruction in those subjects that are fundamental and essential to elementary or secondary education, under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body or a corporation meeting the same requirements of the commonwealth.
TRANSIT BUS STOPA designated place where a bus may stop to allow boarding or alighting of public transit riders. A bus stop is marked with a bus stop location sign and may include infrastructure or amenities, such as a bus shelter or bus passenger bench.
TREE OF SIGNIFICANCEAny tree or a group of trees with a minimum twelve-inch diameter at breast height (DBH).
UTILITY POLEA pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.
VEHICLE DEALERSHIP, NEWA business that is principally engaged in the receipt of new, previously untitled motor vehicles or trailers from their manufacturer and the resale, lease, or rental of the same directly to the public.
VEHICLE DEALERSHIP, USEDA business that is principally engaged in selling, leasing, or renting previously titled and owned motor vehicles or trailers.
VEHICLE REPAIR AND SERVICE STATIONAny building, premises, or land in which or upon which a business, service, or industry performs or renders a service involving the maintenance, servicing, repair, or painting of vehicles.
VEHICLE SALVAGE YARDThe dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts. See "junkyard" in this section.
VINEYARDA farm where grapevines are planted, grown, raised, or cultivated for the purpose of producing grape wine. A vineyard shall be considered a principal use. See "winery" in this section.
WAREHOUSEA structure used for the acceptance of bulk deliveries, storage of the delivered items, and/or redistribution of delivered items.
WAREHOUSE SALESThe acceptance of bulk deliveries, storage of the delivered items, and/or redistribution of delivered items. The operations described herein shall include both those conducted as a wholesale business or as a retail business or wholesale retail business.
WBCAPennsylvania Wireless Broadband Co-location Act (53 P.S. § 11702.1 et seq.).
WETLANDSIn accordance with the definitions/regulations established by the United States Army Corps of Engineers and the United States Environmental Protection Agency, areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturate soil conditions, including swamps, marshes, bogs, and similar areas.
WHEEL STOPSA barrier or restraint of sufficient size and height to prevent motor vehicles from proceeding. Wheel stops shall be constructed of concrete, asphalt, or other Township-approved material. Wheel stops shall be secured to the ground in an acceptable manner.
WIND CHARGERA wind-driven, direct-current generator used for charging storage batteries.
WIND ENERGY CONVERSION SYSTEM (WECS)A device such as a wind charger, wind turbine or windmill, and/or other electric generation facility whose main purpose is to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbines and other structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
WIND ENERGY PRODUCTION FACILITY, LARGEAn area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. Large wind energy production facilities consist of one or more wind turbines, tower, and associated control or conversion electronics and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities. A facility is considered a large wind energy production facility if it supplies electrical power solely for off-site use.
WIND ENERGY SYSTEM, SMALLA wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
WIND TURBINEA device 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.
WINDMILLA device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
WINERYAn area that may be devoted to the growing of grapes or other fruit and the process of fermenting the product into wine. Wineries shall also include the structures or areas provided for the tasting or sale of the wine so long as such areas are on the same site as the products grown. See "vineyard" in this section.
WIRELESSTransmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)The nontower WCF, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based WCF or any other support structure that could support the placement or installation of a WCF if approved by the Township.
WOODLANDA community of plants characterized by areas, groves, or stands of trees. Area measurements of woodlands shall be understood to include the canopy. It shall be further defined as an area or stand of trees whose combined canopy is 0.5 acre or more in extent and consists of at least 50% of canopy trees with a DBH of three inches or more.
YARDAn open, unoccupied space, on the same lot with a structure, open and unobstructed from the ground to the sky, except as otherwise provided herewith.
(1) (a) YARD, FRONTA yard extending between side lot lines across the full lot width from the front lot line to a line parallel to the front face of the structure of the principal use of the lot.
(b) YARD, REARA yard extending between the side lot lines across the full lot width from the rear lot line to a line parallel to the rear face of the structure of the principal use of the lot. The rear yard is typically opposite the front yard; however, lots shall only be required to provide one rear yard regardless of the number of front yards
(c) YARD, SIDEA yard extending from the front yard line to the rear yard line parallel to the side lot line.
ZONING DISTRICTAn area in the Township in which regulations under this chapter uniformly apply, including overlay districts.
ZONING HEARING BOARD (ZHB)The ZHB of the Township of Pine, Allegheny County, Pennsylvania as defined by and appointed in accordance with the MPC, Act 247 of 1968, as amended by Act 170 of 1998 (53 P.S. § 10101 et seq., as may be amended from time to time).
ZONING MAPThe designated official map or maps of the Township that show the location and boundaries of the zoning districts established by Article
III of this chapter which is/are referred to as the "Zoning Map" and incorporated as part of this chapter.
ZONING OFFICERThe Zoning Officer or the authorized representative appointed by the Board of Supervisors to administer the Township Zoning and Subdivision Ordinances. For the purposes of this chapter, the Zoning Officer may also be referred to as or include the Code Enforcement Officer, and/or the Director of Code Administration and Land Development.