[Amended 5-14-1979 by Ord. No. 644; 12-9-1985 by Ord. No. 738; 3-8-1993by Ord. No. 834; 12-28-1998 by Ord. No. 917; 12-27-1999 by Ord. No. 927; 8-13-2001 by Ord. No. 936; 2-10-2003 by Ord. No. 953; 4-14-2008 by Ord. No. 986; 7-13-2009 by Ord. No. 997; 10-26-2009 by Ord. No. 1000; 2-14-2011 by Ord. No. 1012; 3-14-2011 by Ord. No. 1014; 11-22-2011 by Ord. No. 1011; 1-9-2012 by Ord. No. 1023; 2-25-2013 by Ord. No. 1031; 11-10-2014 by Ord. No. 1047; 2-9-2015 by Ord. No. 1053; 9-14-2015 by Ord. No. 1055; 1-25-2016 by Ord. No. 1060; 4-25-2016 by Ord. No. 1063; 1-6-2020 by Ord. No. 1085; 7-13-2020 by Ord. No. 1089; 11-9-2020 by Ord. No. 1091; 7-11-2022 by Ord. No. 1108; 8-12-2024 by Ord. No. 1127; 2-27-2023by Ord. No. 1111; 2-24-2025 by Ord. No. 1133]
As used in this chapter, the following terms shall have the meanings indicated:
ABUT or ABUTTINGTo join at a border or boundary; to share a common boundary with.
ACCESSORY BUILDING OR USEA building or use which:
A. Is subordinate to and serves a principal building or use.
B. Is subordinate in area, extent, or purpose to the principal building or use.
C. Is located on the same zoning lot as the principal building or use served.
AGROFORESTRYThe intentional integration of trees and shrubs into crop and animal farming systems to create environmental, economic and social benefits.
AMBIENT NOISE LEVELThe all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location without extreme atmospheric conditions, such as wind greater than three meters per second or precipitation, and then adjusting the noise level to eliminate any noise associated with existing developments or facilities.
ANIMAL HUSBANDRYThe breeding, raising or care of animals or livestock, excluding fowl, aquatic animals, and household pets.
ANIMAL SHELTERA structure for housing domestic livestock that is made of wood or other similar materials that provides shelter from the elements.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
AREA OF PUBLIC ASSEMBLYAn indoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not, including but not limited to private-members clubs, conference halls, activity centers, public halls, courthouses, municipal buildings, fire halls, libraries and school auditoriums, other than religious convocations.
BEST MANAGEMENT PRACTICESState-of-the-art mitigation measures applied to oil and natural gas drilling and production to help ensure that energy development is conducted in an environmentally responsible manner.
BUILDINGAny structure having a roof.
A. MAINThe building housing the principal use of the land.
B. UNIT GROUPTwo or more buildings, other than dwellings, grouped upon a single tract, such as universities, hospitals, institutions or industrial plants.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the grade of the perimeter of the proposed structure 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 ridges for gable, hip and gambrel roofs.
BUILDING LINEA line extending the entire width of the lot. The "building line" shall be located along the plane created by the wall of the building facing the front yard.
BUSINESS, MEDICAL OFFICESOne or more offices of individual physicians, dentists, chiropractors or other medical practitioners and their supporting staffs where human patients receive diagnosis, treatment and counseling and who are not kept overnight, including a methadone clinic.
BUSINESS, PROFESSIONAL OFFICESAny 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.
CHARTER SCHOOLA publicly funded place of educational instruction, typically Pre-K through 12th grade, that is free to attend and that operates under a charter granted by a recognized local board of school directors. Enrollment must comply with state and local laws governing public school admissions, must be nondiscriminatory and must be open to all students, with preference given to local residents if applicable, however, a lottery system may be used if demand in high.
CLOSED-LOOP SYSTEMA system utilized while drilling so that various types of pits are not used and instead steel bins or closed containers are used to collect all drilling waste.
CO-LOCATIONThe mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one nontower WCF.
COMBUSTIBLE LIQUIDA. A liquid having a closed cup flash point at or above 100° F. (38° C.). Combustible liquids shall be subdivided as follows:
(1) Class II: liquids having a closed cup flash point at or above 100° F. (38° C.) and below 140° F. (60° C.).
(2) Class IIIA: liquids having a closed cup flash point at or above 140° F. (60° C.) and below 200° F. (93° C.).
(3) Class IIIB: liquids having closed cup flash points at or above 200° (93° C.).
B. This category of liquids does not include compressed gases or cryogenic fluids.
DAY-CARE CENTERA facility, licensed by the commonwealth, located within a building that is not used as a dwelling unit, for the care, on a regular basis, during part of a twenty-four-hour day, of children under the age of 16 or handicapped or elderly persons.
DISPOSAL WELLA nonproducing gas well used for the storage of wastewater.
DISTRIBUTED ANTENNA SYSTEMS (DAS)A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DOMESTIC LIVESTOCKShall include any animal maintained, kept or possessed by a household, other than household pets, which shall include those typically associated with agricultural animal husbandry, to include the following and no other, the classifications for which shall be strictly construed: goats, sheep and pigs.
DOMESTIC LIVESTOCK USEAny activity involving the breeding, raising, caring for, housing and principally the hobby/personal use of domestic livestock and products derived from those animals by the occupant, owner or lessee of the lot on which such use is located.
DOUBLE HOUSEA dwelling designed for or occupied exclusively by two families, with separate entrances for each, but under one roof and with a wall or party wall between, but no interior connection between the two.
DRILLINGAny digging or boring of a new well to explore, develop, or produce oil, gas or other hydrocarbons or to inject gas, water or any other fluid or substance into the earth.
DRILLING SITEAn area that includes the perimeter of the surface area of drilling operations.
DWELLINGAny building which is designed for or occupied in whole or in part as the home, residence or sleeping place of one or more persons either permanently in Zoning Districts R-1 through R-4 or transiently or permanently in Zoning Districts C, R-C-1 and M. Notwithstanding the above, the definition of a dwelling shall not preclude the principal occupant/owner or the principal tenant/occupant of a home in Zoning Districts R-1 through R-4 from having any friend or relatives as invited guests. Each dwelling shall have a minimum gross floor area of 750 square feet, subject to the Property Maintenance Code as adopted in Chapter
310.
ELECTRONIC NOTICENotice given by a municipality 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, pursuant to 53 P.S. § 10109.
EMERGENCYA condition that:
A. Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
EXPLORATIONTemporary geologic or geophysical activities, drilling in context with the "zoning" definition in this chapter, including seismic surveys, related to the search for natural gas or other subsurface hydrocarbons.
FAMILYA. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a "family."
B. Notwithstanding the definition in the preceding subsection, a "family" shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit, as defined in Subsection
A of this definition.
FAMILY DAY CARE HOMEA facility, licensed or approved by the commonwealth as required by the laws of the commonwealth, located within a dwelling in which the operator resides, for the care on a regular basis, during part of a twenty-four-hour day, of not more than six children under 16 years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes and shall meet all applicable requirements for home occupation.
FCCFederal Communications Commission.
FLAMMABLE LIQUIDA. A liquid having a closed cup flash point below 100° F. (38° C.). Flammable liquids are further categorized into a group known as Class I liquids. The Class I category is subdivided as follows:
(1) Class IA: liquids having a flash point below 73° F. (23° C.) and having a boiling point below 100° F. (38° C.).
(2) Class IB: liquids having a flash point below 73° F. (23° C.) and having a boiling point at or above 100° F. (38° C.).
(3) Class IC: liquids having a flash point at or above 73° F. (23° C.) and below 100° F. (38° C.).
B. This category of liquids does not include compressed gases or cryogenic fluids.
FLOWBACK WATERThe murky, salty water from fracking natural gas wells. It consists of frack fluid which returns to the surface as well as produced water.
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.
FRACTURE or FRACKINGThe process of injecting water, customized fracking fluid, steam, or gas into a gas well under pressure to improve gas recovery.
FRESH WATERWater obtained from a potable water source of the commonwealth, such as a hydrant, stream, lake, water well, spring or other source that has not been treated or utilized in commercial or industrial operations.
FRONT FACADE AREAThe public right-of-way area located directly in front of a physical structure.
GASAny fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature of 60° F. and pressure of 14.7 psia, any manufactured gas, any by-product gas or any mixture of gasses.
GAS WELLAny well drilled for the intent of extracting gas or other hydrocarbons from beneath the surface of the earth.
GROSS FLOOR AREAThe sum of all gross horizontal areas of several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of common walls separating buildings. This includes stairwells, rest rooms, lobby areas, floor space for mechanical equipment and all other common areas and basements.
GROUNDWATERWater in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Groundwater often supplies wells and springs and is often withdrawn for domestic, agricultural, municipal, industrial and other beneficial uses.
GROUP CARE FACILITYAn establishment that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, their licensed or certified agents or a nonprofit social service corporation charted in the Commonwealth of Pennsylvania or authorized to operate in the Commonwealth of Pennsylvania.
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 antennas mounted on the tower and any other appurtenances.
HOME OCCUPATIONAn accessory use of a service character conducted entirely within a dwelling by the residents thereof, which use is clearly secondary to the use of the dwelling for living purposes and does not in any way change the character of the dwelling.
LIGHT MANUFACTURINGThe processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. "Light manufacturing" includes the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight nonferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods and food products, but not animal slaughtering, curing nor rendering of fats.
LITTLE FREE LIBRARYAn enclosed structure of any natural or man-made material or a combination of materials, permanently affixed to the land or a structure, intended to shelter a collection of books, magazines, or other printed literary materials available to the public for recreational use at no cost. Any books, magazines, or other printed materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," as further defined at §
450-22G(2)(b) of this chapter, are specifically excluded from this definition.
LOCAL STREET OR ROADA public street or road, adopted by ordinance, serving abutting homogeneous land uses and providing for no truck usage except for local deliveries.
LOTA parcel of land fronting on a street or highway, which is or may be occupied by a main building, or a unit group of buildings, and accessory buildings, with the open spaces required by this chapter.
LOT AREAThe total area within the lot lines of a lot, provided that the area shall be measured to the street right-of-way line only and shall not include any part of an alley or areaway used in common with the owner or occupier of other lots.
LOT LINE, FRONTThat boundary of a lot which is along the right-of-way line of an existing or dedicated public street or, where no public street exists, is along a public way.
LOT LINE, REARThat boundary of a lot which is most distant from and most parallel to the front lot line.
LOT LINE, SIDEThose boundaries of the lot that extend from the front lot line to the rear of the lot.
LOT WIDTHThe horizontal distance between the side lot lines measured along the building line.
MAILED NOTICENotice given by a municipality 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, pursuant to 53 P.S. § 10109.
MAJOR RENOVATION OF INFRASTRUCTUREAn activity that involves more than 2,000 square feet of impervious area, to include both newly created impervious area and any reconfiguration of existing impervious area, and results in a total earth disturbance of more than 5,000 square feet.
METHADONE CLINICA facility licensed by the Pennsylvania Department of Health to use the drug methadone, suboxone, and subutex in the treatment, maintenance and detoxification of persons.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOBILE HOME PATIOAn outdoor living space surfaced with asphalt or other durable material and designed to supplement the mobile home living area.
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 communications antennas and connecting appurtenances.
NEW DEVELOPMENTAn activity that involves more than 2,000 square feet of impervious area, to include both newly created impervious area and any reconfiguration of existing impervious area, and results in a total earth disturbance of more than 5,000 square feet.
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. 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.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY or NONTOWER WCFAll non-tower wireless communications facilities, including, but not limited to, antennas and related equipment mounted to a wireless support structure. Nontower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning districts in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA 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 reasons of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or an amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.
OIL AND GAS DEVELOPMENT FACILITY or FACILITYA. NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
B. 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 the natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
C. GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line, such as a drip station, vent station, pigging facility, chemical injection station or transfer pump station.
OIL AND GAS DEVELOPMENT or DEVELOPMENTThe well site preparation, well site construction, drilling, fracturing, and/or site restoration associated with an oil and gas well of any depth; water and other fluid storage; gas reservoir; 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, not regulated by the Pennsylvania Public Utility Commission or United States Department of Transportation, Office of Pipeline Safety, and associated equipment; and all other equipment and activities associated with the exploration for, production of and transportation of oil and gas, including natural gas compressor stations and natural gas processing plants, and structures, defined as other support facilities or structures performing similar functions that operate as midstream facilities.
OIL AND GAS DRILLING SUBSURFACE FACILITIESActivities performed under the surface of the ground that are part of the operation of oil and gas drilling, as defined herein, whether or not located on properties within the unit for a particular well site, but that are not included in the well site, including, but not limited to, horizontal drilling and hydraulic fracturing zones, underground gathering and transmission pipelines established in accordance with Public Utility Commission (PUC) guidelines, water distribution lines and similar underground facilities incidental to oil and gas drilling.
OIL or PETROLEUMHydrocarbons in liquid form at standard temperature of 60° F. and pressure of 14.7 psia.
OUTDOOR COMMERCIAL ENTERTAINMENTAn identified outdoor area where entertainment is provided by a commercial entity, such as ice skating rinks and swim clubs or pools.
PARKING PADA paved area, other than a driveway, on a residential lot intended for the parking of one or more motor vehicles owned by the owners and tenants of the lot which is accessory to the principal use of the lot.
PLACE OF ENTERTAINMENTAn indoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not, including but not limited to theaters, concert halls, ballrooms, dance halls, discotheques, nightclubs, indoor leisure centers, adventure/activity centers, sports clubs, cinemas, amusement parks, casinos and zoos, indoor miniature golf, indoor roller-skating rinks and other related uses.
PRIVATE SCHOOLA privately funded place of educational instruction, typically Pre-K through 12th grade, that does not primarily receive government funding but relies on fees, tuitions, grants and donations to operate. Enrollment is open only to students that are selected and admitted based on particular qualifications or religious affiliations.
PROTECTED STRUCTUREAny occupied structure measured horizontally within 1,500 feet of a drilling site or within 3,000 feet of the outside wall of the nearest permanent structure of an oil and gas development facility or disposal well. The term shall not include any structure whose owner has signed a waiver relieving the operator from implementation of the measures established herein or other applicable provisions of the Code of the Township of Wilkins. In the waiver, the owner must acknowledge that the operator is explicitly relieved from complying with the regulations applicable to a protected structure. The waiver must be notarized.
PUBLIC SCHOOLA publicly funded place of educational instruction, typically Pre-K through 12th grade, that is free to attend and that is operated by a local school district, state educational department or other governmental authority. Enrollment must comply with state and local laws governing public school admissions, must be nondiscriminatory and must be open to all students in the local attendance or catchment zone of the school.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned or operated by a public utility regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity, telephone or other transmission lines.
RECREATIONAL AREAThe use of land, not commercially, by persons, nonprofit corporations or associations for outdoor swimming pools, tennis courts, ball fields, basketball courts, shuffleboard courts, slides, swings, horseshoe courts and none other.
REDRILLDeepening or sidetrack/horizontal drilling of the existing well bore extending more than 150 feet from said well bore.
RELATED EQUIPMENTAny 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.
REWORKReentry of an existing well within the existing bore hole or by deepening or sidetrack/horizontal operations (which does not extend more than 150 feet horizontally from the existing well bore) or replacement of well liners or casings.
RUNNING AT LARGEAny instance in which an animal is running about loose on a street, or upon the property of a person other than the owner of such animal, unleashed and unaccompanied by the owner or custodian or by any member of the owner's family or by any servant or agent of the owner of such animal.
SEASONAL ROADSIDE STANDA structure that permits the sale of products directly to consumers. The structure shall be located on the premises, in proximity to a high traffic area.
SHORT-TERM RENTALSAny dwelling or dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less.
SIDE YARDA yard extending along a side lot line between the front yard and rear yard for the minimum depth specified in this chapter.
SPECIALTY RETAILAn establishment devoted exclusively to the sale of distinctive, high quality merchandise, including one or more or the following: art and photography galleries or studios; antiques; books; boutique items; candles; confectioneries; cards and stationery; cut and dried flowers; gifts; handicraft; handmade or gourmet food and baked goods, including ice cream parlors; interior decorator items; leather goods; men's, ladies' and children's apparel, seamstress and tailor shops; and shops of a similar nature.
SPECIALTY RETAILAn establishment devoted exclusively to the sale of distinctive, high quality merchandise, including one or more of the following: art and photography galleries or studios; antiques; books; boutique items; candles; candies; cards and stationary; cut and dried flowers; gifts; handicraft; handmade and gourmet food and baked goods; interior decorator items; leather goods; men's, ladies' and children's apparel; pipes and tobacco; and shops of a similar nature.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.
STREETA public right-of-way which affords a primary means of access to abutting property.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the land. This includes, but is not limited to, communications equipment buildings and communications towers.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGEA modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria:
A. For communications towers outside the public rights-of-way, it increases the height of the facility 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; for communications towers in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;
B. For communications towers outside the public rights-of-way, it protrudes from the edge of the WCF by more than 20 feet or more than the width of the tower structures at the level of the appurtenance, whichever is greater; for those communications towers in the public rights-of-way, it protrudes from the edge of the structure by more than six feet;
C. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
D. It entails any excavation or deployment outside the current site of the communications tower; or
E. It does not comply with conditions associated with prior approval of construction or modification of the communications tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
SWIMMING CLUBThe use of land by persons, nonprofit corporations or associations primarily for sports or swimming activities.
TOWNSHIPThe Township of Wilkins, Allegheny County, Pennsylvania.
TRAILERAny vehicle used or so constructed as to permit its being used as conveyance on the public streets and highways and duly licensed as such and constructed in such a manner as will permit occupancy thereof as a temporary dwelling for one or more persons. A trailer shall not be construed as a mobile home for purposes of this chapter.
TRANSIENT OCCUPANCYAny person or persons who occupies a dwelling unit as a sleeping unit, which is not his or her residence or domicile, for not more than 30 days.
WATER IMPOUNDMENT, FRESHA lined depression, excavation pit or facility situated in or upon the ground, whether natural or artificial, used to store fresh water.
WATER IMPOUNDMENT, WASTEA lined depression, excavation pit or facility situated in or upon the ground, whether natural or artificial, used to store wastewater fluid, including but not limited to brine, fracturing fluid, produced water, recycled water, impaired water, flowback water or any other fluid that does not satisfy the definition of "fresh water."
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
WELLA bore hole drilled or being drilled for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such. The term "well" does not include a bore hole drilled or being drilled for the purpose of or to be used for systems of monitoring producing or extracting gas from solid waste disposal facilities, as long as the wells are subject to the Act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act," and do not penetrate a workable coal seam. The term also does not include a bore hole drilled or being drilled for the purpose of or to be used for degasifying coal seams if the following conditions are satisfied:
A. The bore hole is used to vent methane to the outside atmosphere from an operating coal mine; and
B. The bore hole is regulated as part of the mining permit pursuant to the Act of June 22, 1937 (P.O. 1987, No. 394), known as the "Clean Streams Law," and the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act"; and
C. The bore hole is drilled by the operator of the operating coal mine for the purpose of increased safety; or
D. The bore hole is used to vent methane to the outside atmosphere pursuant to a state- or federal-funded abandoned mine reclamation project.
WELL OPERATOR or OPERATORAny person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing or transporting oil or gas; the person designated as the well operator or operator on the permit application or well registration. If the owner is a separate entity than the operator, then the owner shall also be listed. Where a permit or registration was not issued, the term shall mean any person who locates, drills, operates, alters or plugs any well or reconditions any well with the purpose of production therefrom. In cases where a well is used in connection with the underground storage of gas, the term also means a storage operator.
WELL SITEShall consist of the area occupied by any of the facilities, structures and equipment associated with or incidental to the construction, drilling, fracturing, production, or operation of an oil or gas well. If multiple areas are used, then the total combined areas shall be considered the well site.
WIRELESSTransmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY or WCFThe antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility, or any other support structure that is primarily constructed to support the placement or installation of a wireless communications facility.
YARDAn open space adjacent to a lot line, open and unobstructed from the ground to the sky, except as otherwise provided herein.
A. FRONT YARDA yard extending from side lot line to side lot line and extending back in depth the required minimum distance from the front lot line to a line parallel to the front lot line.
B. REAR YARDA yard extending across the full width of the lot and extending forward in depth the required minimum distance from the rear lot line to a line parallel thereto on the lot.
ZONING OFFICERThe person or persons appointed by the Board of Commissioners to enforce this chapter.