The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

To physically touch or border upon; or to share a common property line.

A paved surface, other than a street, which provides vehicular access from a street or private road to a lot.

A building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.

Any equipment serving or being used in conjunction with a wireless communications 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.

A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

An extension or increase in the footprint, floor area, height or other dimension of a building or structure.

Property that is contiguous with, or directly across a public street or other right-of-way from, the boundaries of any side of the subject property.

Includes any of the following transported or intended to be transported in commerce:

The traveled way by which cars enter and depart parking spaces.

A minor right-of-way, publicly or privately owned, primarily for service access to the side, rear, or both, of property with frontage on a street and not intended for general traffic circulation.

As applied to a building or structure, any change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

A change in use in a district that includes revisions to this chapter text or the official Zoning Map. The authority for any amendment lies solely with the Township Board of Supervisors.

An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

Refers to a timely submitted and complete application on an application form prescribed by the Zoning Hearing Board for appeal of an order, requirement, decision or determination made by the Zoning Officer or rule or regulation adopted pursuant thereto.

A landowner, developer or other person who has filed an application for development, building permit, zoning permit, approval to engage in any regulated earth disturbance activity, etc., at a property or project site within West Hanover Township.

The amount of flat space or ground measured in square units.

That which is physically connected to by materials or part of a structure, including breezeways, coverings, overhangs or canopies.

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

That portion of a building that is partially or wholly below ground level. This portion serves as a substructure or foundation for a building. A basement shall be counted as a story for the purpose of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet. (See Figure 6-1.)

A landscaped mound of earth or the act of pushing earth into a mound to shield, screen and buffer two separate, incompatible land uses. Berms may be used to provide visual interest, decrease noise and control the direction of water flow.

An area within a property or site generally adjacent to and parallel to the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit continuously the view, sound and/or light from the site to adjacent sites or properties.

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or property, including covered porches or bay windows and chimneys.

The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, patios, decks, awnings, terraces, and steps.

Total horizontal area per floor level measured from the center line of joint partitions and/or from outside wall faces. (See Figure 6-2.)

The area within a lot where buildings and other improvements shall be located as determined by the applicable yard setbacks. (See Figure 6-3.)

The general outer surface of any exterior wall of a building or other structure.

The maximum linear width of a building measured in a single straight line parallel, or essentially parallel, to the abutting public street or parking lot.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Chimneys, towers, spires, elevator penthouses, tanks and similar appurtenant structures or equipment may project above the maximum building height. Architectural screening of rooftop projections may also be exempted from height restrictions, provided that such structures are set back from the exterior wall of the building by a distance equal to or greater than their height. (See Figure 6-4.)

Any modification that modifies any structural element of a building, adds, or removes additional interior walls, or modifies any of the existing high-voltage electrical, HVAC, fire protection, sanitary sewer, potable water, or industrial water services.

The horizontal distance from one building to another on the same or adjacent building sites or lots, excluding architectural appendages.

The line within a property defining the required minimum distance between any principal or accessory structure and the adjacent right-of-way (street line), and the line defining side and rear yards, where required. (See Figure 6-3.)

The contiguous exterior walls of a structure, regardless of interior configuration, number of dwelling units or businesses.

A building surrounded by open space on the same lot.

A day that is not a recognized municipal or federal holiday and is not a Saturday or Sunday.

The diameter of a tree trunk, measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter. (See Figure 6-5.)

The 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.

A certificate issued and enforced by the Zoning Officer after completion of the construction of a new building or after a change or conversion of the structure or use of a building, and prior to the use of said structure or building, which certifies that all requirements and regulations as provided herein, as well as all other applicable requirements, have been satisfied.

Female poultry or foul of the species gallus domesticus.

An area of unobstructed vision measured at the center line of the cartway to an object 1 1/2 feet above the pavement, from a height of 3 1/2 feet and 10 feet from the edge of paving at the intersection. Sight distances shall be designed pursuant to Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines. (See Figure 6-6.)

Wireless communications facilities that are attached to existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles, and other similar structures that do not require the installation of a new or replacement wireless support structure.

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

See "open space, common."

The most recently adopted version of the Official Comprehensive Plan, West Hanover Township, Dauphin County, Pennsylvania, including any amendments.

A use conditionally permitted in a particular zoning district under this chapter that may be undertaken only following the approval by the Board of Supervisors and the subsequent issuance of a zoning permit by the Zoning Officer pursuant to standards and criteria established in this chapter.

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the portions of the real estate designated for common ownership are vested in the unit owners.

An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar connection or relationship.

The erection or installation of a new building, structure, or object, as well as modifications or improvements to existing buildings, structures, or objects.

All 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.

A structure, either portable or permanent, to shelter poultry.

An open, unoccupied space, bounded on two or more sides by the walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.

A final adjudication of any board or other body granted jurisdiction under this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Dauphin County and applicable judicial district wherein the Township lies.

The removal or destruction of all or part of a building or structure. Demolition includes, but is not limited to:

The average number of persons, families, or dwellings per unit of area (acre, square mile, etc.).

Density of the building site plus traversing streets, alleys, and drives, open space and 1/2 of bounding streets.

The density of the building site minus traversing streets, alleys, and drives, open space and 1/2 of bounding streets.

Pennsylvania Department of Environmental Protection.

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.

A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

An animal maintained in captivity. The term also includes the germ plasm, embryos and fertile ova of such animals.

Private roads that provide access (both ingress and egress) between a public way and abutting property(ies) and any facilities on such property(ies). Driveways shall be designed pursuant to the applicable design standards specified in the Township Subdivision and Land Development Ordinance.

Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth, excluding the tilling of the soil.

A right to cross or otherwise use someone else's land for a specified purpose, such as ingress or egress or utility installation and maintenance.

Lower edges of a roof that overhang a building's exterior walls.

Any vehicle that operates in any way on electrical energy, which includes but is not limited to the following:

An off-street parking space designated for an electric vehicle to park while charging.

Infrastructure that will support the future installation of an electric vehicle charging station.

The use, placement, or extension of private uses into, upon, over, or under public space or a publicly owned property.

An area on a development site with one or more of the following characteristics:

United States Environmental Protection Agency.

Relating to or affecting horses or other members of the horse family.

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

Includes, but is not limited to, all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.

The face of a building, especially the principal front that looks onto a street or open space.

An individual or two or more persons related by blood, foster relationship, marriage, or adoption and up to one unrelated person; or up to four unrelated individuals living and cooking together as a single housekeeping unit with single cooking facilities and shared utility services. Buildings with more than one set of cooking facilities are presumed to contain multiple dwelling units unless it can be shown the additional cooking facilities are clearly accessory, such as an outdoor grill. "Shared utility services" means the dwelling unit is served by one electric meter, one gas line, and/or one sewer line. A roomer, boarder or lodger shall not be considered a member of the family. This definition shall not be construed to include persons occupying community residences, rooming houses, boardinghouses, bed-and-breakfast establishments, hotels, motels, fraternities, sororities, short-term rentals, or other similar lodgings.

Any parcel of land with 10 or more acres which is used for a principal agricultural use, which may include one dwelling and other necessary farm structures, and the storage of equipment customarily incidental to the primary use.

Federal Communications Commission.

A structure designed as a barrier to restrict the movement of persons, animals, vehicles or any combination thereof or to provide privacy.

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.

A bank, savings and loan association, credit union, finance or loan company, etc.

The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

The total floor area designed for occupancy by an owner or tenant, as measured to the center of interior joint walls and the exterior of outside walls.

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, cellars, stairways, but not including attics, service rooms or areas, such as utility rooms, unheated areas, such as enclosed porches or attached garages.

A measure of illumination produced by one candle, at a distance of one foot, on a one square foot area.

The linear measurement taken along a property's common boundary with an adjoining street right-of-way, other than that of a limited access highway.

The percentage of the property width that is occupied by the building facade within the front yard.

The side or sides of a lot abutting on a public street or right-of-way.

An accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the primary use of the premises, or both; provided, however, that one vehicle used for commercial purposes that has a gross vehicle and payload rating not greater than six tons and that is not incidental to the primary use of the premises may be stored therein.

The Board of Supervisors of West Hanover Township, Dauphin County, Pennsylvania.

The lowest point of elevation of the finished surface, paving or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building, the grade shall be the lowest point of elevation between the building and a line five feet from the building.

The 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 rights-of-way.

The aggregate of the horizontal area of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathroom, closets, or unheated areas, such as enclosed porches, or rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.

With respect to a person:

Substances or materials which, because of their chemical, physical, or biological nature, pose a potential risk to life, health, or property if they are released. A release may occur by use, spilling, leaking, emitting toxic vapors, or any other process that enables the material to escape its container, enter the environment, and create a potential hazard. The separate and authoritative definitions are in the U.S. OSHA, U.S. EPA, U.S. Nuclear Regulatory Commission (NRC), and U.S. DOT regulations. These agencies and their state counterparts provide the authoritative definitions of hazardous wastes, radioactive materials, and related definitions.

An administrative proceeding conducted by a board pursuant to Section 909.1 of the Pennsylvania Municipalities Planning Code.[1]

See "building height."

A structure's vertical measurement taken from average grade along the face of the structure which is nearest the property line adjacent to a public or private street right-of-way to the highest point of the structure.

The distance measured from the preexisting grade level to the highest point on the wireless communications facility, even if said highest point is an antenna or lightning protection device.

Any frame hive, box hive, box, barrel, log, gum, skep or other receptacle or container, natural or artificial, or any part thereof, which may be used or employed as a domicile for bees.

As defined under the Uniform Planned Community Act.[2]

The use of one or more dwelling units located within the principal structure of a lot by a household, in which the units may or may not share a common wall with the adjacent unit or have individual entrances from the outside. Nothing in this article shall be deemed to limit the ability of lawful occupants of a dwelling unit to have bona fide guests.

The ratio of the total area on a lot which is in impervious cover, divided by the total area of the lot, expressed as a percentage. For the purpose of this definition, "impervious coverage" on a lot encompasses all impervious cover plus the entire building area, including roof overhangs, cornices, eaves, and gutter.

A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Includes, but is not limited to, rooftops, parking lots, driveways, buildings, streets, roads, decks, swimming pools and any concrete or asphalt. Impervious cover does not include pervious surfaces as defined herein. (See "pervious surface.")

Items or objects that are old, discarded, or not currently being used for the purpose or purposes for which they are designed or normally used, including but not limited to used or salvaged metals and their compounds or combination; used or salvaged rope; rubber; rotting wood; scrap iron; tires and snowmobile treads; parts for motor vehicles, boats, all-terrain vehicles, recreational vehicles, snowmobiles, and/or trailers; inoperable or dismantled refrigerators, stoves, dishwashers, dryers, washing machines, and furniture; and inoperable or dismantled lawn mowers, weed trimmers, snowblowers, snowplows, tractors, and any other machinery used for excavation, maintenance, or snow removal.

Consists of any of the following activities:

Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning Code.

The 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 they are authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land shall be deemed to be a landowner for the purposes of this chapter.

Those classes 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, poultry, and fowl. Animals customarily considered to be domesticated, such as dogs, cats and other small pets, are not considered livestock under this chapter.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit. Lot types include the following and as illustrated in Figure 6-7, Lot Types.

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

Expressed as a percentage of the lot which is covered with impervious surfaces, including buildings, driveways, parking area, sidewalks or any other non-green cover, including semi-impervious or porous pavement materials.

The horizontal distance measured between the street right-of-way line and the rear property line. On corner lots, reverse frontage lots, and triangular or other irregularly shaped lots, the depth shall be measured along the property line adjacent to the side yard which extends from the street of address to the opposite property line. Where a rear yard is formed by angled or offset property lines, the lot depth shall be measured as the weighted average distance from the street right-of-way line to the farthest rear property line.

The lot dimension measured along the building setback line parallel to and abutting a public street where public vehicular access is allowed.

A line of record which divides one lot from another lot, or from a public or private road or any other public space. Where a lot abuts a public right-of-way, the lot line for regulatory purposes shall be the right-of-way line. Also known as "road or street line." (See Figure 6-2.)

A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania.

A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. (See Figure 6-7.)

See "lot frontage."

A lot extending between and having frontage on an arterial street and a minor street, and with vehicular access solely from the latter.

Work that does not alter the appearance or harm the stability of exterior features of a building.

Those vehicles not normally and customarily associated with or adaptable to passenger use, such as tractor-trailer trucks or bulldozers.

Includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, converted school buses, tent trailers and the like, in cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

A function involving either the processing or production of materials, goods, or products.

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Manufactured houses placed in parks shall meet the requirements for manufactured housing parks listed Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover. Manufactured houses placed on individual lots shall be considered dwellings and be bound by the requirements thereon imposed.

A parcel or contiguous parcels of land which have been so designated and improved to contain two or more manufactured housing lots for the placement thereon of manufactured houses.

A parcel of land in a manufactured housing park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured house.

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

A structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.

Refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom.

A small wireless communications facility that:

Any 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.

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

The improvement, upgrade, or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure. Also, see "building modification."

A home that is wholly or mostly made, constructed, fabricated or assembled in manufacturing facilities. These structures are then shipped to the home site for assembly and installation. A modular home is designed only for installation on a site-built permanent foundation and not to be moved after the installation.

A vehicle that is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.

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

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

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

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

The disposal of sewage generated by a user on land by safe and healthful means, as approved by the Township On-Lot Management Ordinance.[3]

The provision of a safe, adequate and healthful supply of water to a user from a private well.

Publicly owned and maintained undeveloped land, a natural landscaped area, or a formal improved area designed or reserved for the general public's use as active or passive recreational use and includes all natural and man-made landscaping, facilities, playing fields, building, and other structures that are consistent with and supportive of the general purposes of public parkland and open space.

The person with legal title to real property, a building, or structure.

A fenced area designed to contain the animal to a restricted area and prevent animals roaming at large.

Act of Nov. 10, 1999, P.L. 491, No. 45, as amended.[4] The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC. Such references shall be based on the most recently adopted editions thereof. Also see "Uniform Construction Code."

Act of 1968, P.L. 805, No. 247 as reenacted and amended.[5]

A retail food facility operating in a permanently constructed structure permitted and operated for the purpose of storing, preparing, serving, packaging, or otherwise handling food at the retail level. Permanent food facility does not include mobile food facility, or a facility licensed as a temporary food service facility (TFS) under the Retail Food Facility Safety Act § 5703(g)(2).[6]

Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 (of the United States Code), receivers, and fiduciaries.

A surface that allows the percolation of water into the underlying soil. Pervious surfaces include grass, mulched ground cover, planted areas, vegetated roofs, permeable paving as well as porches and decks erected on pier foundations that maintain the covered lot surface's water permeability. Pervious surfaces do not include any structure or building, any porch or deck that limits the covered lot surface from absorbing water, or any outdoor stairs, on-grade surface sports court, swimming pool, artificial turf, sidewalk or patio constructed of concrete, asphalt, brick, compacted gravel or other material that impedes the infiltration of water directly into the subsurface of the lot.

Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.

Oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

Real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a condominium or cooperative may be part of a planned community. For purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes nonresidential campground communities.

The Planning Commission of West Hanover Township.

A nonenclosed or semi-enclosed roof-covered accessory structure adjoining a first floor entrance to a building.

A 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.

The 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.

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

Land used for agricultural purposes that contains soils of the first, second or third class, or is considered to be unique agricultural land, all as defined by the United States Department of Agriculture, Natural Resource and Conservation Services, County Soil Survey.

A building in which the primary use of the lot on which the building is located is conducted.

An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed and registered as a professional land surveyor as defined and set forth in the Engineer, Land Surveyor and Geologist Registration Law, Act of May 23, 1945, P.L. 913, No. 367, Cl. 63.[7] However, a professional engineer may perform engineering land surveys.

An 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.

A person that holds either legal or equitable title to the real estate as set forth on any deed, agreement of sale, or any other document recorded in the office of the Recorder of Deeds for the applicable jurisdiction.

Owned, operated, or both, by the Township, its authority, a Township-supported fire company, or a Township-supported ambulance association.

A formal meeting held pursuant to public notice by the West Hanover Township Board of Supervisors or Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.

A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).

Notice published once each week for two successive weeks in a newspaper of general circulation in West Hanover Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, variance, or any combination thereof, requests shall also include the posting of a sign(s) at a conspicuous location(s) upon the site to notify potentially interested citizens; this sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection.

A municipal water supply system, or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection.

Any fee, leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests which by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. The term includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.

A vehicle which is either self-propelled or towed by a consumer-owned tow vehicle and 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).[8]

An off-site process that uses heat to convert animal carcasses into safe, pathogen-free feed protein and other valuable end products while reducing the negative effects of the carcasses on people and the environment.

A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

A function involved in correcting deficiencies of products that affect its performance, appearance, or both.

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair, or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

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

A metal storage receptacle used primarily for the temporary storage or deposit of waste materials, including debris, trash or construction, renovation or demolition waste and which is transportable such as to be delivered by, rolled off of, and picked up by a carrying vehicle that allows for the disposal and removal of its contents to a dump site. The term does not include dumpsters which are permanently placed for the collection of normal household trash, such as at commercial locations or apartment complexes.

An impervious cover of a building.

An area on a shooting range facility designed to contain all projectiles fired from a shooting range. The safety fan consists of three parts: the direct fire zone, the safety zone, and the ricochet zone. The direct fire zone is that area into which all shots are fired during the normal course of shooting.

A dwelling, cabin, lodge or summer house which is intended for occupancy fewer than 182 days of the year.

The minimum required horizontal distance between a setback line and a property or street right-of-way line. Also, see "building setback line."

A line parallel to the front, side or rear lot line so as to provide the required yards. See Figure 6-2.[9]

The minimum distance between the street line and the building setback line projected the full width of the lot. Commonly called "required front yard."

The minimum distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

The minimum distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

Any building or structure within the Township that:

The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter, or an amendment thereto, and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance.

The change in elevation over the horizontal distance between consecutive contour lines. Slope shall be measured over three consecutive two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a professional engineer or a professional land surveyor.

A wireless communications facility that meets the following criteria:

Act of Jun. 30, 2021, P.L. 232, No. 50.[10]

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

A use conditionally permitted in a particular zoning district under this chapter that may be undertaken only following the approval by the Zoning Hearing Board and the subsequent issuance of a zoning permit by the Zoning Officer pursuant to standards and criteria established in this chapter.

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a furnace, especially that part of a structure extending above a roof.

Any facility used to retain or detain stormwater, that is part of a stormwater management system.

The part of a building between the surface of any floor and the next floor above it or in its absence, the finished story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building, which is more than two feet below the top plate shall be counted as a story; and, if less than two feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story if it averages more than five feet above grade. (See Figure 6-1.[11])

A watercourse with definite bed and banks which confine and convey continuously or intermittently flowing water.

A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. This definition shall not include driveways.

A baseline used for the layout of lots and the construction of a cartway generally midway between the street lines.

See "frontage, street."

A line defining the edge of a street right-of-way and separating the street from abutting property or lots.

The facade wall of a building or portion of a wall facing a street line.

A minor street which is parallel and adjacent to a limited access highway or arterial street, which provides access to abutting properties and protection from through traffic.

A street used primarily for access to abutting properties.

Any assembly of materials constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade, including, but not limited to buildings, sheds, cabins, manufactured houses and trailers, pavilions, pagodas, tents, kennels, swimming pools, dumpsters, fences, dams, culverts, roads, railroads, bridges, storage tanks, and signs.

A structure associated with an accessory use, (e.g., swimming pools, patios, antennas, tennis courts, garages, utility shed, etc.).

A structure associated with a primary use. Structures shall not include such things as temporary fences, sandboxes, decorative fountains, swing sets, doghouses, birdhouse, bird feeders, mailboxes, and any other similar nonpermanent improvements.

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

A modification that substantially changes the physical dimensions of any support structure if it meets the criteria established by 47 CFR § 1.6100.

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either a) before the improvement or repair is started or b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless facility.

Any mobile container, storage unit, shed-like container or other portable structure that is not permanently affixed to the land, is designed for temporary short-term storage, is not intended for human habitation, that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building, other than an accessory building or shed complying with all building codes and land use requirements.

A function involving the examination and assessment of qualities, performances, capabilities, or any combination thereof, of a product, good or material.

The area of all floors in all buildings measured to the outside of the exterior walls, excluding attics, basements, and open porches (measured in square feet). (Note: An "open porch" has a roof but is not enclosed with screens or windows. Porches enclosed with screens or windows shall be counted toward total floor area.)

Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, and monopoles, and the accompanying antenna and accessory equipment.

West Hanover Township, Dauphin County, Pennsylvania.

A vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

Storage outside of a fully enclosed freestanding building containing walls and a roof. Storage under or within fabric carports or canopies, vehicle covers, tarps, or buildings whose walls are not fully opaque shall constitute unenclosed storage.

Chapter 88 of the Code of West Hanover Township. West Hanover Township has by resolution and this chapter elected to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,[12] and its regulations, as amended from time to time.

68 Pa.C.S.A. §§ 5101 through 5414, et seq.

The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Any use allowed by right within a zoning district, subject to the restrictions applicable to that zoning district, and that is not a special exception use.

The dominant purpose for which a lot or building is utilized.

Any use authorized under and in accordance with the provision of this chapter which is limited to the time in which such use may legally continue.

The permission granted by the Zoning Hearing Board following a public hearing that has been properly advertised as required by the Pennsylvania Municipalities Planning Code, as amended, for an adjustment to some regulation which, if strictly adhered to, would result in an unnecessary hardship and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of the ordinance.

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair, or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

Any act(s) done by design or intention, which is proposed, intended, or not accidental. An act of God is not considered voluntary, but rather is regarded as an act done without the will or choice of the applicant (or owner, if different from the applicant). For the purposes of this chapter, the destruction of a significant building or structure for failure to properly secure it shall be considered voluntary.

An electric vehicle charging station that is mounted to a wall or any similarly substantial vertical surface.

Areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the (state) Department of Environmental Protection, the more restrictive definition shall apply.

Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system.

An AWES designed as a secondary use on a lot, wherein the power generated is used primarily for on-site consumption.

An AWES designed as the primary use on a lot, wherein the power generated is used primarily for off-site consumption.

An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

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

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or is to be used for the provision of wireless service (whether on its own or commingled with other types of services).

A tree mass or plant community in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (larger than 12 inches DBH) covering an area of 1/4 acre or more or consisting of 10 individual trees larger than six inches DBH shall be considered a woodland. The extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the plant community.

An area between the permitted structures and the property lines. (See Figure 6-8.)

A strip of required yard space adjacent to the boundary of a property or district, not less than the width designated in this chapter, and on which is placed (planted) year-round shrubbery, hedges, evergreens or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district, and may include a wall, as provided for in this chapter.

An open, unoccupied space between a building and the property boundary or street line.

An open unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street line and the building line projected to the side lines of the lot. The depth of the front yard shall be measured between the front building line and the street line. (See Figure 6-8.)

An open, unoccupied space between building structures, all of which are located on the same lot.

The area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard.

The area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). For flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. (See Figure 6-8, Yards.)

The designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.