As used in this chapter, the following terms shall have the meanings indicated:
ABANDONEDThe visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of characteristic equipment or furnishings used in the performance of a nonconforming use without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or structure.
ABANDONMENTThe 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 of another owner nor of resuming the use of the property.
ACCESS DRIVEA way or means of approach, other than a street, which provides vehicular or pedestrian physical entrance to a property from a street or a public road.
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY STRUCTUREA structure subordinate to and detached from the main building on the same lot, the use of which is customarily incidental to that of the principal structure on the lot. An accessory structure shall exclude any vehicle as defined by the Pennsylvania Motor Vehicle Code.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or the main building and located on the same lot with such principal use or main building. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.
ACREA measure of land containing 43,560 square feet.
ACTThe latest version of the Pennsylvania Municipalities Planning Code, as amended or reenacted.
ADAPTIVE REUSEThe development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADDITIONAny construction which increases the size of a building, such as a porch, attached garage or carport, or a new room or wing.
ADULT BOOKSTOREEstablishment, which offers for sale, for rent, for lease, for review on the premises or for loan, pictures, photographs, drawings, sculptures, motion-picture film, or similar visual representation of sexual conduct or sexual excitement, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement, or which offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.
ADULT CABARETA nightclub, theater, bar, or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT DAY-CARE CENTERA use providing supervised care and assistance primarily to persons who are over age 60 and/or mentally challenged and/or physically handicapped who need such daily assistance because of their limited physical abilities. Alzheimer's disease, mental abilities or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
ADULT MASSAGE ESTABLISHMENTAny establishment or business, which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a licensed medical practitioner, chiropractor, professional physical therapist, or massage therapist, who is both nationally certified in therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork, and who is a professional member with active status in good standing of the American Massage Therapy Association. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT MINI-MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50 persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated, or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOVIE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT-ORIENTED ESTABLISHMENTThe term includes any use meeting the definition for this term in Title 68, Chapter 55, of the Pennsylvania Consolidated Statutes, as amended, and without limitation, the following establishments when operated for profit, whether direct or indirect: adult bookstores; adult motion-picture theaters; adult mini-motion-picture theaters; adult drive-in movie theaters; adult motels; massage parlors; any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or where an entertainer provides adult entertainment to a member of the public, a patron or a member. Motion pictures shall include material, chat rooms and other material available through the Internet and motion pictures or videos available through cable, satellite or other television services on computers or equipment used in the establishment; and an adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. Any and all of these uses are considered an adult entertainment facility. The term booths, cubicles, rooms, studios, compartments or stalls, for purposes of defining adult-oriented establishments, does not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for the purpose of viewing motion pictures or other entertainment for a fee, and which are not open to any persons other than employees.
ADULT THEATERA theater, concert hall, auditorium, or other similar establishment, either indoor or outdoor in nature, which regularly features live performances, which are distinguished or characterized by an emphasis on specified sexual activities, or by exposure of specified anatomical areas for observation by patrons.
AGRICULTURAL MARKETAny fixed or mobile retail food establishment, which is engaged primarily in the sale of raw agricultural products, but may include as accessory to the principal use, the sale of factory-sealed or prepackaged food products that normally do not require refrigeration. (See "farm stand.")
AGRICULTURAL OPERATION (MPC)An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock, products or commodities produced consistent with practices and procedures that are normally engaged in by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL SECURITY AREA (ACT 43)A unit of 250 or more acres of land used for the agricultural production of crops, livestock and livestock products under the ownership of one or more persons and designated as such by the procedures set forth in this Act or designated as such pursuant to the Act of January 19, 1968 (1967 P.L. 992, No. 442), entitled "An Act authorizing the Commonwealth of Pennsylvania and the counties thereof to preserve, acquire or hold land for open space uses," prior to the effective date of this amendatory act, by the governing body of the county or governing body of the municipality in which such agricultural land is located on the basis of criteria and procedures which predate the effective date of this amendatory act; provided that an owner of the land designated as such under the authority of the Act of January 19, 1968 (1967 P.L. 992, No. 442) may withdraw such land from an Agricultural Security Area by providing written notice of withdrawal to the county governing body or governing body of the municipality in which such land is located within 180 days of the effective date of this amendatory act.
AGRICULTUREThe use of land, which shall include, but not be limited to, the tilling of the soil, the raising of crops, horticulture, apiculture, floriculture, viticulture and gardening. The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products: livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals: bees and apiary products; fur animals; trees and forest products: fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
(1) AGRONOMICThe science and technology of utilizing plants for food, fuel, feed, and fiber in a sustainable environment by applying the sciences of biology, chemistry, ecology, earth science, and genetics;
(2) AQUACULTUREThe raising and harvesting freshwater and saltwater organisms including mollusks, crustaceans and aquatic plants under controlled conditions;
(3) HORTICULTUREThe cultivation of fruits, vegetables, flowers and ornamental plants;
(4) HYDROPONICSThe growing of plants without soil in water to which nutrients have been added. Other names for hydroponics are soil-less gardening, soil-less culture, chemiculture, and water gardening; and
(5) SILVICULTUREThe science of controlling the establishment, growth, composition, health, and quality of forests over land areas, which are generally not suitable for a sustainable forest.
AGRICULTURE, INTENSIVE (INTENSIVE AGRICULTURAL USE)Specialized agricultural activities including certain concentrated animal feeding operations (CAFO) and certain concentrated animal operations (CAO), which due to the intensity of production necessitate special control of operation, raw material storage and processing, and the disposal of liquid and solid wastes.
AIR RIGHTSThe right to use space above ground level.
AIR TRANSPORTATIONEstablishments engaged in domestic and foreign transportation by air including airports, flying fields, as well as terminal services.
AIRCRAFTA vehicle that is capable of flying in the air, including drones.
AIRPORTA place where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair and various accommodations for passengers.
AISLEThe traveled way by which cars enter and depart parking spaces.
ALLEYA public or private right-of-way other than a side street, which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONSAny change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AMENDMENTA change in use in any district or change in zoning district, which includes revisions to the zoning text and/or the Official Zoning Map.
AMORTIZATIONA method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.
AMUSEMENT ARCADEAn establishment which has as its principal business offering to patrons mechanical or electrical amusement devices or games such as pinball machines, ping pong, darts, shooting galleries or similar devices and games.
AMUSEMENT FACILITYAn outdoor area or structure, open to the public, which contains coin operated games, and similar entertainment and amusement devices.
AMUSEMENT PARKAn outdoor facility, which may include structures and buildings, where there are various devices for entertainment including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.
ANIMAL CLINIC/HOSPITALA building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
ANIMAL EQUIVALENT UNITOne thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. (See PA Nutrient Management Regulations for standard animal weights.)
ANIMAL FEEDING OPERATION (AFO)Federal regulations define an AFO as a facility where animals have been, are/or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period, and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
ANIMAL HUSBANDRYThe care, raising, and keeping of livestock (animals such as cattle, sheep and swine) and poultry with the intent of producing capital gain or profit or the intent of selling any livestock or poultry products, provided that the keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this chapter shall not be construed as animal husbandry.
ANIMAL WASTE (MANURE) STORAGE FACILITIESA detached 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, trench silo, earthen bank, stacking area, and aboveground storage.
ANTENNA HEIGHTThe measurement of the overall vertical length of antenna and its support structure above the average finished grade. If such system is located on a building or other structure, the overall vertical length shall be measured and shall include the height of the building upon which the antenna and its structure is situated.
ANTENNA SUPPORT STRUCTURESAny structure, mast, pole, tripod or tower, including any guy wires and braces utilized for the purpose of supporting an antenna or antennas.
ANTENNA, STANDARDA device, partially or wholly exterior to a building that is used for receiving electronic signals (other than a satellite dish antenna which is defined separately) or for transmitting shortwave or citizens band radio frequencies. This shall include antennas used by an amateur ham radio operator or by a contracting business or utility to communicate with its employees, but shall not include a commercial communications antenna. This term includes any accessory supporting structures.
APARTMENT BUILDINGA structure containing three or more dwelling units, excluding townhouses.
APARTMENT GARDENFour or more dwelling units accommodating four or more families which are located one over the other and which, when more than four units are utilized, are attached side-by-side through the use of common party walls, and which shall have side yards adjacent to each first-story end unit.
APARTMENT, ACCESSORYAn independent dwelling unit incorporated within an existing single-family detached dwelling without any substantial external modification.
APARTMENT, CONVERSIONA multifamily dwelling constructed by converting an existing dwelling into apartments for no more than three families without substantially altering the exterior of the building.
APPLICANT (MPC)A landowner or developer (as hereinafter defined) who has filed an application for development including his personal representatives, heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT (MPC)Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, or for the approval of a subdivision plat or plan or for approval of a development plan.
APPOINTING AUTHORITY (MPC)The Mayor, in cities; the Board of Commissioners, in counties; the Council, in incorporated towns and boroughs; the Board of Commissioners, in Townships of the first class, and Supervisors in Townships of the second class; or as may be designated in the law providing for the form of government.
ARCADEA continuous passageway parallel to and open to a street, open space, or building, usually covered by a canopy or permanent roofing, and accessible and open to the public.
AREA, BUFFERA strip of land, which is planted and maintained in shrub, bushes, trees, grass or other landscaping materials, and within which no structure is permitted except a wall or fence.
AREA, BUILDINGThe total of area, in square feet, of all floors, excluding basement, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
AREA, GROSSThe total lot area, including public right-of-way.
AREA, LOTThe area contained within the property lines of a lot as shown on a subdivision plan, including the area of any easement.
AREA, NETThe total lot area, less public right-of-way.
ASSISTED-LIVING FACILITYCoordinated and centrally managed housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. Assisted-living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
ATTICThat part of a building that is wholly or partly within the roof framing.
AUTHORITY (MPC)A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authorities Act of 1945."
AUTO BODY SHOPAny structure or any building or part thereof that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles for conveyance.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALESAn area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard.
AUTOMATIC CAR WASHA structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.
AUTOMOBILE MAINTENANCE/REPAIR GARAGEAn area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "automobile service station." An automobile repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an automobile service station is also permitted as part of an automobile repair garage.
AUTOMOBILE SERVICE STATIONAny building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
AUTOMOBILE WRECKINGThe dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles of their parts.
AUTOMOBILE WRECKING YARDAn establishment that cuts up, compresses, or otherwise disposes of motor vehicles. (See "junkyard.")
AWNINGA roof-like cover that is temporary or permanent in nature and projects from the wall of a building for the purpose of shielding a doorway or window from the elements and can be periodically retracted onto the face of a building.
BAFFLEA freestanding, randomly located structure, fence-like in nature and materials of construction, except that it is not normally attached to any building, does not particularly follow lot lines, nor enclose a particular area, but rather screens one segment of one property from another for the primary purpose of assuring privacy; a baffle or screen of this nature may also be utilized for the support of various types of living plant materials such as vines, climbing roses or espaliered trees and shrubs.
BAKERYA building or structure utilized for the baking of breads and/or pastries for sale on or off the premises.
BARPremises used primarily for the sale or dispensing of both alcoholic and non-alcoholic beverages for on-site consumption, licensed by the Pennsylvania Liquor Control Board, and where food may be available for consumption on the premises as accessory to the principal use and where live entertainment can be offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys or live bands for the purposes of supplying musical entertainment. Bars can offer the retail sale of carry-out beer as an accessory use.
BASE FLOOD ELEVATIONThe elevation above sea level, based on the vertical datum in the current Flood Insurance Rate Maps for (municipality) of the one-hundred-year flood.
BASEMENTA space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
BED-AND-BREAKFAST (HOME)An owner-occupied residence where not more than five guest rooms are rented to not more than 10 overnight guests on a daily basis for periods not exceeding one week.
BED-AND-BREAKFAST (INN)An owner-occupied residence or business where not more than 10 guest rooms are rented to not more than 20 overnight guests on a daily basis for periods not exceeding one week.
BERMA mound of soil, either natural or man-made, used to obstruct views.
BEST MANAGEMENT PRACTICE (BMP)State-of-the-art technology as applied to a specific problem. The BMP presents physical, institutional, or strategic approaches to environmental problems, particularly with respect to nonpoint source pollution control.
BLOCKAn area bounded by streets, railroad rights-of-way, waterways and other definite barriers.
BOARD (MPC)Anybody granted jurisdiction under a land use ordinance or under this Act to render final adjudications.
BOARDING HOUSE (including ROOMING HOUSE)A residential use in which: (a) room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or (b) a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boarding house shall not include a use that meets the definition of a motel, dormitory, hotel, life-care center, personal-care center, bed-and-breakfast inn, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A boarding house shall primarily serve persons residing on-site for five or more consecutive days.
BOARDING STABLEA structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises, and for which the owner of the premises receives compensation.
BUFFER YARDAn open area whose dimensions normally exceed the normal building setback or yard requirements used to protect low-density uses and zoning districts from adjacent higher-density uses and districts.
BUILDABLE AREAThe area of lot remaining after the minimum yard and open space requirements of the zoning ordinance has been met.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING COVERAGEThe ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total gross lot area.
BUILDING HEIGHTThe vertical distance from the average finished grade, in front of the building where the address is taken to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.
BUILDING INSPECTORAn individual designated by the appointing authority to enforce the provisions of the Pennsylvania Uniform Construction Code that may include a Code Enforcement Officer or Zoning Officer.
BUILDING LINEA line parallel to the front, side or rear lot line set so as to provide the required yard.
BUILDING PERMITWritten permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.
BUILDING SETBACK LINEThe line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way, and the line defining side and rear yards, where required.
BUILDING SUPPLY AND/OR HOME IMPROVEMENT STOREA facility for the retail sale of a combination of products used in the construction, repair and improvement of homes, including, but not limited to, lumber, masonry products, exterior siding, roofing, plumbing fixtures, pipes, electrical supplies, floor coverings, paints and wall coverings, windows and glass, landscaping materials, hardware, tools, and other accessories. Home improvement stores shall always involve outdoor storage of materials; any facilities that sell the above-described products that do not have outdoor storage can be considered to offer the general retail sale of goods.
BUILDING, PRINCIPALA building in which is conducted the primary use of the lot on which it is located, and which is not an accessory building.
BULK FUEL STORAGE FACILITYA facility for the storage of hazardous liquids or gases that require approval of applicable state or federal agencies.
BULK RECYCLING CENTERA use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a "junkyard."
BUSINESS PARKA high-quality, mixed-use campus development containing a number of separate business and office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis to ensure compatibility for circulation, parking, utility needs and aesthetics.
BUSINESS SERVICESThose activities limited to the service and repair of furniture, office equipment, medical supplies and equipment and commercial appliances; the supply and servicing of vending machines; frozen food lockers; the painting and assembly of signs; printing, copy and photocopying services; arts, crafts, drafting and stationery supplies; food catering; interior decorating; taxidermy; upholstering and personal dry-cleaning services. Uses which shall not be interpreted to be business service establishments are retail shops and stores; gasoline and motor vehicle stations; vehicular sales, service and repair; mortuaries; warehouses and distribution facilities; and contractor's offices.
CAMP or CAMPGROUNDA state-permitted facility, through the Pennsylvania Department of Health, in which a portion of land is used for the purpose of providing a space for trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of the space, in accordance with the Pennsylvania Code, Title 28, Chapter 19. The campground may be an organized camp which includes a combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons a year.
CAMPSITEAny plot of ground within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper.
CAMPERAny individual who occupies a campsite or otherwise assumes charge of, or is placed in charge of, a campsite.
CAMPING UNITAny tent, trailer, cabin, lean-to, recreation vehicle, or similar structure established or maintained and operated in a campground as a temporary living quarters for recreation, education, or vacation purposes.
CAR SALES (new and used)The use of any building, structure or land, other than a street, for the display and sale or rental of motor vehicles which are in operable condition. The owner/operator of this business must have a valid state license for the sale or rental of such motor vehicles. Any related repair shall be conducted within an enclosed building and shall be an accessory use.
CAR WASHA commercial use devoted to cleaning the exterior, and sometimes the interior, of automobiles and other passenger vehicles. There are several types of car washes, ranging from self-service coin operated automatic car washes to fee-based full-service operations.
CARPORTA roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides, and accessory to a main or accessory building.
CARTWAYThat portion of a street or alley, which is improved, designed, or intended for vehicular use.
CELLARA space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet.
CEMETERYA parcel of land used as a burial ground for human or animal remains.
CENTER LINEA line equidistant from the edges of the median separating the main traveled ways of an existing or planned divided road or highway or the center line of the main traveled way of a nondivided road or highway.
CERTIFICATE OF USE AND OCCUPANCYThe certificate issued by a duly authorized Borough officer which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.
CHANGE OF USEAny use that substantially differs from the previous use of a building or land.
CHILD DAY CAREA use involving the supervised care of children under age 16 outside of the children's own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to State-required education, including a nursery school or head start programs.
CHIMNEYA structure containing one or more flues for drawing off emissions from stationary sources of combustion.
CHRISTMAS TREE FARM or TREE FARMA type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale from November 15 to December 30 of trees that were produced on the premises.
CHURCHA building or structure, or groups of buildings or structures that by design and construction is primarily intended for conducting organized religious services and associated accessory uses. For the purpose of this chapter, the word "church" shall include: chapels, cathedrals, temples and similar designations, as well as, parish houses, convents and such accessory uses.
CLEAN AND GREEN (PA Farmland and Forest Land Assessment, Act 319)A state law, authorized by the state constitution that allows qualifying land which is devoted to agricultural and forest land use, to be assessed at a value for that use rather than fair market value. The intent of Act is to encourage property owners to retain their land in agricultural, open space, or forest land use, by providing some real estate tax relief.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by the center lines of the streets and by a line of sight between points on their center lines at a given distance from the intersection of the center lines. Within this clear sight triangle, nothing is to be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
CLINICAn establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers; and where patients are not usually lodged overnight.
CLUB, CLUBHOUSE or LODGEA building, structure, or part thereof, used to house an organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social, military and athletic clubs. This definition does not include nightclubs. The clubs or lodges, as defined, shall not be an adjunct to, operated by or in connection with a tavern, cafe or other public place.
CLUSTERA development technique that concentrates building in specific areas on the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.
CLUSTER SUBDIVISIONA form of development that permits a reduction in lot area and bulk requirements, provided that unless otherwise authorized, there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active or passive recreation, preservation of environmentally sensitive areas, or agriculture.
CO-LOCATED COMMUNICATION ANTENNASAny device that is attached to an existing structure and used for the transmission or reception of wireless communications signals for ultimate reception by a radio, television, wireless telephone, pager, commercial mobile radio service, or any similar device.
COMMERCIAL GREENHOUSEA structure in which plants, vegetables, flowers, and similar materials are grown for sale.
COMMON AREAThe area in a subdivision or planned residential development, including common open space, owned or leased and maintained by an association or other combination of persons for the benefit of the residents of the residential development and, if owned under the Pennsylvania Unit Property Act, including all common elements designated for the use of all dwelling unit owners.
COMMON FACILITIESWhen referring to a development, these facilities are common or community open space, recreational facilities, community sewage facilities, community water supply facilities, stormwater management facilities, common parking areas and driveways, preservation areas, private streets, or other community facilities.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within a development plan, designed and intended for the use or enjoyment of residents of the development plan and, where designed, the community at large. Common open space does not include rights-of-way, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures, but may contain such improvements as approved in the development plan that are appropriate to recreational and other open space areas of any schools or churches to be included within the proposed development.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation, ham or citizen ban radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antenna.
COMMUNITY CENTERA use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a "treatment center."
COMMUNITY SEWAGE SYSTEMAny system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site, and which shall comply with all applicable regulations of the Pennsylvania Department of Environmental Protection.
COMMUNITY WATER SUPPLY SYSTEMA public or private utility system designated to transmit potable water from a common source to multiple users. Such systems shall be in compliance with the regulations of the Pennsylvania Department of Environmental Protection, the Public Utilities Commission (PUC) or the Borough, whichever is more stringent.
COMPOSTINGThe mixing of decomposing refuse matter for the purpose of creating fertilizer material.
COMPREHENSIVE PLANThe official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, consisting of maps, charts and textual material, that constitutes decisions about the physical and social development of a township, city, or borough, as amended from time to time. Also known as the "Wyalusing Borough Comprehensive Plan."
COMPRESSED NATURAL GAS (CNG) FILLING STATIONAn individual CNG filling station or CNG pump accessory to an existing/proposed gasoline filling station that provides natural gas as a fuel alternative that is compressed to less than 1% of its volume at standard atmospheric pressure. Various fill systems may include the following equipment: inlet gas dryer, compressor, priority panel, storage vessel system and natural gas vehicle dispensers, including an overhead canopy.
COMPRESSOR STATIONThe station where once the natural gas is extracted will be pressurized and filtered prior to being sent to market. The purpose of this station is to pressurize the natural gas prior to flowing through a gas pipeline; this process is repeated occasionally along the pipeline as the natural gas travels through it at intervals typically ranging between 40 and 100 miles. As the natural gas must be pressurized before traveling through the pipelines, the compressor station typically removes any other liquid or particles in the natural gas in order to filter the gas making it as pure as possible.
CONDITIONAL USEA use permitted (and approved by the governing body) in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the Zoning Ordinance.
CONDOMINIUMA set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a shared interest in the remainder of the real estate, which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.
CONDOMINIUM ASSOCIATIONThe community association that owns, administers and maintains the common property and common elements of a condominium.
CONSERVATION AREAEnvironmentally sensitive areas with characteristics such as steep slopes, wetlands, floodplains, high water tables, forest areas, endangered species habitat, dunes, or areas of significant biological productivity of uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance, or character.
CONSERVATION DISTRICTA geographic area, usually a county, in which professionals provide advice to communities, agencies, and individuals within the jurisdiction and review development proposals. Also known as the Bradford County Conservation District.
CONSIGNMENT SHOPA retail establishment engaged in the reselling of new or used items, such as antiques, clothing, furniture, books, shoes or musical instruments through a seller/broker (a consignee) and pays a portion of the proceeds to the owner of the merchandise (the consignor).
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile (manufactured) homes.
CONTIGUOUSNext to, abutting, or touching and having a boundary, or portion thereof, that is conterminous; to physically touch or border upon, or to share a common property line, but not overlap.
CONTINUING CARE RETIREMENT COMMUNITYAn age-restricted development that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee.
CONTRACTOR'S YARDA tract of land where a dealer stores new and/or used material, machinery, equipment and other supplies for use by builders, developers, erectors, excavators and other artisans. Such material, machinery, equipment and other supplies may be made available for wholesale or retail purposes or rental programs.
CONVENIENCE STOREA use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant.
COURTAn unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNERA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, and that the court does not extend to a street, alley, yard or other outer court.
COURT, OUTERA court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGEThat portion or percentage of the lot area covered by all impervious materials.
CUL-DE-SACA street intersecting another street at one end terminating at the other in a vehicular turnaround.
CURBA stone, concrete, or other improved boundary usually marking the edge of the roadway or paved area.
CURB CUTThe opening along the curbline at which point vehicles may enter or leave the roadway.
DAIRYA commercial establishment for the manufacture or processing of dairy products.
DECISION (MPC)Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this Act 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 the county and judicial district wherein the municipality lies.
DECKAny constructed flat surface capable of supporting weight, similar to a floor, but constructed outdoors and usually (though not always) connected to a building. A deck shall not be completely enclosed, except for any side, which may adjoin a structure, or for any fences, walls, shrubs, or hedges.
DEED RESTRICTIONA restriction on the use of the land set forth in the deed or instrument of conveyance. Such restriction usually runs with the land and is binding upon subsequent owners of the property. The governing body is not responsible for enforcing a deed restriction, unless the restriction resulted from a condition or stipulation of the subdivision or land development approval process.
DENSITYThe number of families, individuals, dwelling units, or housing structures per gross acre of land.
DEPPennsylvania Department of Environmental Protection.
DERRICKAny portable framework, tower, mast and/or structure which is required or used in connection with drilling or re-working a well for the production of natural gas.
DETERMINATION (MPC)Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following: (1) the governing body; (2) the zoning hearing board; or (3) the planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the subdivision and land development ordinance or planned residential development provisions. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
DEVELOPER (MPC)Any landowner, agent of such landowner or tenant with permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLAN (MPC)The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this Act shall mean the written and graphic materials referred to in this definition.
DISTRIBUTION CENTERAn establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.
DISTRICTA part, zone, or geographic area within the municipality within which certain zoning or development regulations apply.
DISTRICT, ZONEA district includes all buildings, lots, and surface areas within certain designated boundaries as indicated on the Zoning Map.
DOG KENNELAny premises, accept where accessory to agricultural use, where four or more dogs, six months in age or older are kept or boarded with proper licensing.
DOMESTIC PETSCats, dogs, snakes, lizards, hamsters, rabbits, etc.
DORMITORY-STYLE HOUSINGA housing facility providing space for sleeping, eating, training and recreation for a large group of individuals who are associated for a common overall function (e.g., educational purposes or temporary workers).
(1) Minor dormitory style housing facilities. Occupied by 24 people or less at any given time on a permitted site; and
(2) Major dormitory style housing facilities. Occupied by 25 or more people at any given time which are planned to be utilized for a period of time longer than one year.
DRILLINGThe digging or boring a new well either vertically or horizontally for the purpose of exploring for, developing or producing oil and gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.
DRILLING EQUIPMENTThe derrick or rig, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.
DRIVE WAYA private access for vehicles to park in a parking space, garage, dwelling or other structure commercial, industrial or institutional in nature, limited to persons residing, employed or otherwise visiting the parcel in which it is located.
DRIVE-THROUGH FACILITYAny commercial business, including an eating establishment, offering refreshments, entertainment or services to patrons, who purchase and/or consume such refreshments, entertainment or services on the premises and/or outside of the building, including patrons who may be served in their automobiles.
DUMPA lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.
DUPLEX(Two-family; single-family semidetached) A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, rear and side yard.
DWELLINGA building or structure designed for living quarters for one or more families, including manufactured home and mobile homes which are supported by a foundation of mortared masonry or concrete construction and permanently affixed to the land and which have the area between the ground and body of the trailer or mobile home completely enclosed to prevent the accumulation of debris and to provide additional stability and safety to the trailer or mobile home, but shall not include hotels, rooming houses or other accommodations used for transients.
DWELLING, EARTH-SHELTEREDAny completed building or structure that was designed to be built partially or wholly underground. A completed building or structure, which was not intended to serve as a substructure or foundation for a building.
DWELLING, INDUSTRIALIZED HOUSINGAny structure designed primarily for residential occupancy, except a manufactured home, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.
DWELLING, MANUFACTURED HOUSINGAny structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation of assembly and installation on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.
DWELLING, MULTIFAMILYA building designed, occupied or used by three or more families living independently of each other, wherein each dwelling unit or apartment shall contain private bath and kitchen facilities; including apartment houses.
DWELLING, MULTIPLEA building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels or houses, flats, townhouses and group houses.
DWELLING, SINGLE-FAMILY ATTACHEDA building used by one family and having two party walls in common with other buildings (such as row house or townhouse), except that end units have only one party wall.
DWELLING, UNITOne or more rooms used for living and sleeping purposes and having a kitchen(s) with fixed cooking facilities, toilet and bathroom facilities and arranged for occupancy by not more than one family.
DWELLING, GROUPA group of two or more single-family, two-family or multifamily dwellings occupying a lot in one ownership.
EASEMENTA grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
EASEMENT, CONSERVATIONA legal agreement granted by a property owner that limits the types, locations and amounts of development that may take place on the owner's property. Such easement may restrict the original and all subsequent property owners, lessees and all other users of the land.
EASEMENT, DRAINAGEAn easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
EASEMENT, UTILITYA right-of-way granted for limited use of land for public or quasi-public purpose.
EATING ESTABLISHMENTA facility where food and beverage are sold for consumption on site or for takeout purposes.
ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITIES)Also known as "granny flat" or elder cottage housing. It permits a family member, related by blood, marriage or adoption, to live independently but close to relatives on the same lot. The housing consists of one bedroom, a bathroom, living room and kitchen and is connected to the utility system of the main dwelling unit.
EDUCATIONAL INSTITUTIONA college or university giving general academic instruction, as prescribed by the Commonwealth of Pennsylvania, included within this term are areas or structures used for: (a) administration; (b) housing of students or faculty; (c) dining hall; (d) social or athletic activities, when located on the institution's land that is not detached from that portion of the campus where classroom facilities are maintained, by more than street and/or other property owned by the institution.
ELECTRIC SUBSTATIONAn assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public.
EMERGENCY MEDICAL TREATMENT FACILITYAny building or group of buildings occupied by medical practitioners and related services for the purpose of providing emergency health service to people on an outpatient basis.
EMPLOYEESThe highest number of workers (including both part-time and full-time), both compensated and volunteer, and both employees and contractors present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
ENGINEER, MUNICIPAL (MPC)A professional engineer licensed as such in the Commonwealth of Pennsylvania duly appointed as the engineer for a municipality, planning agency, or joint planning commission.
ENLARGEMENTAn increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements.
ENTERTAINMENT FACILITYAny establishment that is operated, maintained, or devoted to amusement of the general public, whether privately or publicly owned, where entertainment is offered by the facility. Entertainment facilities shall include, but not be limited to, theaters, bowling alleys, movie theaters, dance halls, video arcades, skating rinks, batting cages, and miniature golf courses. Entertainment facilities shall not include adult entertainment businesses, clubs, bars, pubs, golf courses, or parks.
ENVIRONMENTAL CONSTRAINTSFeatures, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
EROSIONThe removal of surface materials by the action of natural elements.
ESSENTIAL SERVICESPublic utility facilities that do not require enclosure within a building, including electrical, gas, steam, telephone or water distribution systems; and including related equipment such as poles, towers, wires, mains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment.
EXCAVATIONAny act by which earth, sand, gravel, rock or any other similar materials are dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.
EXISTING USEAn activity or use of land occurring on a lot or parcel as of the effective date of this chapter.
FACADEThe exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAMILYOne or more persons related by blood, marriage, legal guardianship, licensed or court-appointed foster care or legal adoption, including any domestic servants or gratuitous guests thereof, who maintain one common household and reside in one dwelling unit; or no more than four persons who are not related to each other by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption. A roomer, boarder or lodger is not considered a family member; any number of persons possessing a handicap within the meaning of the Fair Housing Act [42 U.S.C. § 3602(h), or successor legislation] who reside in one dwelling unit and live and cook together as a single housekeeping unit.
FAMILY DAY-CARE HOMEA resident offering baby-sitting services and child-care services for four to six children unrelated to the resident household and meeting all applicable licensing/registration requirements of the Pennsylvania Department of Human Services. A family day-care home is a permitted accessory use in any Low- and Medium-Density Residential District. There are no restrictions for a resident offering baby-sitting services and child-care services for relatives.
FARMAny parcel of land which is used for gain in raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures, within the prescribed limits and the storage of equipment customarily incidental to the primary use. For the purpose of this chapter, a farm shall not include the raising of fur-bearing animals, a riding academy, livery, boarding stables or dog kennels.
FARMERS AND/OR FLEA MARKETA building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique, and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in retail trade. Rummage sales and garage sales are not considered to be farmers and/or flea markets.
FENCEAny freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry, singly or in combination, erected for the purpose of screening or dividing one property from another to assure privacy, or to protect the property so screened or divided, or to define and mark the property line. For the purpose of this chapter, a freestanding masonry wall when so located is considered to be a fence; also, for the purpose of this chapter, when the term "lot line" is used in relation to fences, it shall be synonymous with "rear yard lot lines," "side yard lot lines" and "front yard lot lines."
FILLAny act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make fill, which is in turn used to elevate, or floodproof a building or structure.
FINANCIAL INSTITUTIONAn establishment primarily involved with monetary, not material, transactions and that has routine interactions with the public.
FINISHED GRADEThe elevation of the land surface of a site after completion of all site preparation work.
FIREARM REPAIR AND SALESA retail store that derives its principle income from repairing, buying and selling firearms, with or without sale of ammunition and/or firearm accessories.
FLARINGTo dispose of surplus combustible vapors by igniting them in the atmosphere from a fractured gas well. This process may include the use of a series of secured piping to facilitate flow of gas and a combustion chamber to ignite the gas.
FLOODA temporary inundation of normally dry land areas.
FLOOD ELEVATION, BASE (BFE)The elevation shown on the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
FLOOD INSURANCE RATE MAP (FIRM)The Official Map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOOD, BASEA flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPLAIN DISTRICTThe zoning district that regulates the channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREAThe total enclosed area in the horizontal plan of a structure, measured from the faces of the exterior walls.
FLOOR AREA RETAIL, NETAll that space relegated to use by the customer and the retail employee to consummate retail sales; and to include display area used to indicate the variety of goods available for the customer, but not to include office space, storage space and other general administrative areas.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, HABITABLEThe aggregate of the horizontal areas 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, nor unheated areas such as enclosed porches, nor 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.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLORISTOne who sells or grows for sale flowers and ornamental plants, including but not limited to other gifts, keepsake or knickknacks.
FLOW-BACK OPERATIONSActivities and processes used to expel water from a natural gas well in order to facilitate the production of natural gas.
FORESTRY (TIMBER HARVESTING) (MPC)The 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 land development.
FRACTURE STIMULATION/HYDRAULIC FRACTURING (FRACKING)A method of stimulating production from a well by increasing the permeability of the producing formation. Fracturing can be accomplished by the injection of fluid carrying propping agents under extremely high hydraulic pressure downward into a well to cause pressure that "cracks" or opens up fractures already present in the formation.
FUNERAL HOMES/MORTUARYA building or part thereof used for human funeral services. Such building may contain space and facilities for embalming or performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns and other related funeral supplies; the storage of funeral vehicles, but shall not include facilities for cremation; and, funeral parlors and chapels.
GARAGE, PRIVATEAn accessory enclosed or covered space for the storage of one or more vehicles, provided that no business, occupation, or service is conducted for profit therein nor space therein.
GARAGE, PUBLICAny garage other than a private garage which is used for parking or storage of motor vehicles.
GARDENINGThe cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.
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 and pressure conditions and or the gaseous components or vapors occurring in or derived from petroleum or natural gas.
GAS STORAGE WELLA well located and used in a gas storage reservoir for injection withdrawal purposes or an observation well.
GAS WELLAny well drilled for the intent of extracting gas or other hydrocarbon from beneath the surface of the earth.
GATHERING LINEA pipeline and equipment described below that transports gas from a production facility to a natural gas processing plant or transmission line or main. The term "gathering line" includes valves, metering equipment, communication equipment, cathodic protection facilities and pig launchers and receivers, but does not include dehydrators, theaters, tanks, separators or compressors located downstream of the final production facilities and upstream of the natural gas processing plants, transmission lines or main lines.
GENERAL RETAIL BUSINESSRetail business shall include variety stores, apparel stores, florists, drugstores, grocery stores, eating and drinking establishments, liquor stores, antique shops, music shops, sporting goods stores, book, stationery, magazines, candy and tobacco shops, and other outlets that sell merchandise on a retail basis.
GOLF COURSEAny regulation 18-hole, 9-hole or executive (par 3) golf course, including any driving ranges, chip-n-putt, 9-hole, or miniature golf courses.
GOVERNING BODY (MPC)The Council in cities, boroughs and incorporated towns; the Board of Commissioners in townships of the first class; the Board of Supervisors in townships of the second class; the Board of Commissioners in counties of the second class through eighth class or as may be designated in the law providing for the form of government.
GRADEThe degree of rise or descent of a sloping surface.
(1) GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope; and
GREENHOUSEA building that contains a roof and sides largely made of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GREENWAYA greenway may be any one or combination of the following: (1) a linear open space established along either a natural corridor, such as a riverfront, stream valley or ridgeline, or over land along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route; (2) a natural or landscaped course for pedestrian or bicycle passage; (3) an open space connector linking parks, natural reserves, cultural features or historic sites with each other and with populated areas; and (4) strip or linear parks designated as a parkway or greenbelt.
GROSS BUILDING AREAThe total area of a building available for construction or use, as measured from the exterior walls of the building. Gross building area should be used in computing all square footage measurements for buildings as well as dimension requirements.
GROUND FLOORThe floor of a building nearest the mean grade at the front of the building.
GROUP CARE FACILITYA facility providing shelter, counseling, and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimum level of supervision, but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Human Services.
GROUP HOMEA dwelling inhabited by handicapped persons, as identified and provided for by the Fair Housing Act and this chapter. This definition does not include persons occupying a hotel, dormitory, lodge, halfway house, boardinghouse or institution. A group home involves persons functioning as a common household unit, providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution because of physical disability, old age, or mental retardation/developmental disability, or that the applicant proves to the satisfaction of the Zoning Officer meets the definition of "handicap," as defined by applicable federal law. (NOTE: The Federal Fair Housing Act amendments define "handicap" as follows: "(1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans with Disabilities Act to address certain situations related to substance abuse treatment.)
GROUP QUARTERSAny dwelling or portion thereof, which is designed or used for persons, unrelated to each other occupying the dwelling unit and having common eating facilities. Group quarters include, but are not limited to, boarding- or lodging houses, fraternity and sorority houses, theme houses and other quarters of an institutional nature. Such group quarters must be associated with or owned and operated by a parent religious, educational, charitable or philanthropic institution. Group quarters shall exclude hotels, motels, dormitories, emergency shelters, student housing, nursing facilities and personal care facilities. In zoning districts where group quarters are permitted, other than institutional, group quarters shall be limited to no more than 10 persons.
HABITABLE SPACESpace in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.
HALFWAY HOUSEA noninstitutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house (community corrections center) operates under the rules and regulations of the Pennsylvania Department of Health or Department of Corrections or similar authorities. The residents are provided full-time supervision and counseling on employment, vocations, finances and community living.
HAZARDOUS MATERIALMaterials which are classified by the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection as having the potential to damage health or impair safety. Hazardous materials, including, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, arsenic and their common salts, lead, coal tar acids, such as phenols and cresols and their salts, petroleum products, and radioactive material. Also included are floatable materials with the potential to cause physical damage, such as logs, storage tanks and large containers, located in flood-prone areas.
HAZARDOUS WASTEAny substance classified by the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection or the Borough as having the potential to damage health or impair safety, including garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility, and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (NOTE: "Hazardous waste" shall also include any added components from the Solid Waste Management Act of July 7, 1980, P.L. 380, No. 97, as amended.)
HAZARDOUS WASTEShall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." "Hazardous waste" shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through 2394).
HAZARDOUS WASTE FACILITYAny structure, group of structures, above ground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Borough.
HEALTH CARE FACILITYA facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, or outpatient clinic.
HEARING (MPC)An administrative proceeding conducted by a board pursuant to Section 909.1.
HEIGHTThe vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.
HEIGHT OF COMMUNICATION TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
HELIPORTAn area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HELISTOPA heliport but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HISTORIC AREAA district or zone designated by a local authority or state or federal government within which the buildings, structures, appurtenance, and places are of basic and vital importance because of their association with history; or because of their unique architectural style and scale, including color, proportion, form, and architectural detail; or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.
HOME OCCUPATIONThe partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes. There may be an outside appearance of the business use including parking, signs and lighting. This would include professional offices for individual practitioners, single-chair beauty shops and barber shops, music and dance lessons for one student at a time and for other home occupations as specified in Article
V.
HOMEOWNERS' ASSOCIATIONA community association, which is organized in a development in which individual owners share common interests in open space or facilities.
HORTICULTURAL NURSERYA place where plants are propagated and grown to usable size for wholesale or sales to the general public.
HORTICULTUREThe growing of fruit, vegetables, flowers, ornamental plants or trees for a profit. Such use may be within a building or structure or outdoors.
HOSPITALA building or part thereof used for medical, psychiatric, obstetrical, or surgical care on a twenty-four-hour basis. The term "hospital" shall include facilities used for medical research and training for health-care professions, general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such other facilities which provide inpatient care. The term "hospital" shall not include any facility in which is conducted the housing of the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony. A hospital shall be licensed as such by the Commonwealth of Pennsylvania.
HOTELA building designed for occupancy primarily as the temporary abiding place of individuals who are lodged with or without meals. A conference/convention center may be part of the hotel.
HOUSEHOLDPersons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
HUB HEIGHTThe distance measured from the surface of the tower foundation to the height of the wind turbine hub to which the blade is attached.
HYDRAULIC FRACTURING CHEMICALAny chemical substance or combination of substances, including any chemicals and proppants that are intentionally added to a base fluid for purposes of preparing a stimulation fluid for use in hydraulic fracturing.
IMPERVIOUS MATERIAL (SURFACE)Any substance placed on a lot which covers the surface in such a fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to consist of impervious material: buildings, sidewalks, driveways, parking lots, swimming pools and ground surfaces.
IMPROVEMENTSThose physical additions, installations and changes required to render land suitable for the use intended, including, but not limited to, grading, paving, curbing, streetlights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and other public utilities and street shade trees, and improvements to existing watercourses.
INACTIVE WELLAny shut-in well from which no production has been sold for a period of 12 consecutive months; any well which has been temporarily abandoned for a period of six consecutive months; or, any injection well which has not been utilized for a period of 12 consecutive months.
INCINERATORAn approved device in which combustible material, other than garbage, is burned to ashes.
INDOOR RECREATIONA type of "recreation" use that: (a) does not meet the definition of "outdoor recreation"; and (b) is used principally for active or passive recreation, such as a bowling, roller skating, ice skating, commercial batting practice use and similar uses.
INDUSTRIAL PARKA tract of land laid out in accordance with an overall plan for a group or community of industries, including the servicing of those industries, with separate building designed and arranged to insure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, architectural control, setbacks and use requirements.
INDUSTRYThe manufacturing, compounding, processing, assembly, or treatment of materials, articles, or merchandise.
INOPERABLE MOTOR VEHICLEA vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that shall be without a valid current registration plate or valid current certificate of inspection, or any vehicle in a major or severe state of disrepair.
INSTITUTIONAL FACILITYA public or private benevolent establishment devoted to the shelter, maintenance or education and care of minor children, homeless, aged or infirm persons, or members of a religious community. This classification shall not include almshouses, penal or reformatory institutions, nursing homes, hospitals or institutions for the custody, care or treatment of persons suffering from dementia, mental derangement or drug or alcoholic addiction.
JUNKAny scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.
JUNK VEHICLEIncludes any vehicle or vehicular trailer that meets any of the following conditions:
(1) Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
(2) Cannot be towed, in regards to a trailer designed to be towed;
(3) Has been separated from its axles, engine, body or chassis; and/or
(4) Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.
JUNK/SALVAGE YARDAny area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.
KENNELA state-licensed facility through the Department of Agriculture, containing indoor and outdoor housing facilities for the sheltering of four or more canines in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended or revised.
KENNEL, PRIVATEAny property, including any building or structure thereon, where five or more dogs over the age of four months, are kept, maintained and owned by the property owner, up to a maximum of 10 dogs for the primary purpose of hunting activities and does not include commercial boarding.
LAND DEVELOPMENT (MPC)Any of the following activities:
(1) The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(2) A subdivision of land; and
(3) The following are exempted from the definition of land development:
(a) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(b) The addition of an accessory building, including a farm building, on a lot or lots subordinate to an existing principal building; or
(c) The addition or conversion of a building for rides within the confines of an enterprise, which would be considered an amusement park. For the purpose of this subsection, an amusement park is defined as a tract or area used principally as a location for a permanent amusement structures or rides. This exclusion shall not comply to newly acquired acreage by an amusement park until initial land for the expanded area have been approved by the proper authorities.
LANDFILLA disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with an approved plan. See "sanitary landfill."
LANDOWNER (MPC)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 conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE PLANA component of a development plan, if required, on which is shown proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features, grade changes, buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by Wyalusing Borough.
LAUNDERETTEA business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house.
LCDLiquid crystal display.
LEASEA contractual agreement for the use of lands, structures, buildings, or parts thereof for a fixed time and consideration.
LIBRARYA place in which literary, musical, artistic or reference material (such as books, manuscripts, recordings or films) are kept for use but not for sale.
LIGHTRadiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 to 770 nanometers in wavelength.
LIGHTING(1) DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade;
(2) DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated; and,
(3) INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LIVESTOCKAny wild or domestic animal of the bovine, equine, sheep or swine family.
LIVESTOCK (AND POULTRY), RAISING OFThe raising and keeping of livestock, horses, poultry or insects beyond what is allowed under the "keeping of pets" and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LIVESTOCK, FOR PERSONAL USEThe raising and keeping of livestock, horses, poultry or insects beyond what is allowed under the "keeping of pets" and the definition of "kennel." Not to exceed 12 head of poultry, two head of livestock, and two head of horses.
LOADING SPACEAn off-street space on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts in or has access to a street.
LONG-TERM-CARE NURSING FACILITYA facility defined and licensed by the Commonwealth of Pennsylvania Department of Health in accordance with Title 28 of the Pennsylvania Code, Chapter
201. The facility provides skilled or intermediate nursing care services 24 hours a day and seven days a week to individuals who do not require more intensive hospital-based care.
LOT (MPC)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. The following types of lots are considered for this chapter:
(1) LOT AREAThe area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street right-of-way, but including the area of any easement;
(2) LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads;
(3) LOT, DEPTHThe horizontal distance measured between the street right-of-way and the closest rear property line on a corner and reverse frontage lot, the depth shall be measured from the street right-of-way line of the street address to the directly opposite property line;
(4) LOT, FLAGA lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway;
(5) LOT FRONTAGEThe length of the front lot line measured at the street right-of-way;
(6) LOT, IMPERVIOUS COVERAGEA lot that has a surface of any material that prevents the absorption of stormwater into the ground. The total of impervious area includes the building area, inclusive of rooftop, lot, sidewalks and access drive divided by lot total net area;
(8) LOT, MINIMUM WIDTHThe horizontal distance between the sidelines of a lot measured at the front lot line;
(9) LOT, MOBILE HOMEA 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;
(11) LOT OF RECORDA lot that exists as shown or described on a plat or deed in the records of the Bradford County Recorder of Deeds; and,
(12) LOT, REVERSE FRONTAGE (DOUBLE FRONTAGE, THROUGH)A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. In the case of a lot fronting on streets of different classifications, access to the lot shall be from the lower classified roadway.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way. In the case of corner lot abutting street right-of-way on more than one side there shall be two front lot lines, one side line and one rear line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. A corner lot shall have two front lot lines and two side lot lines.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A corner lot shall have two front lot lines and two side lot lines.
LUMENThe unit of luminous flux. Photometrically, it is the luminous flux emitted within a unit solid angle (one steradian) by a point source having a uniform luminous intensity of one candela.
MALLAn enclosed commercial area designed as a single unit with enclosed walkways and adequate off-street parking.
MANUFACTURED HOMEFactory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.
MANUFACTURED HOME LOTA parcel of land in a manufactured home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home. See "mobile home lot."
MANUFACTURINGThe processing and/or converting of raw unfinished or finished materials, or products, or any, or either of them, into an article or substance of different character, or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MANUREThe fecal and/or urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MARQUEEAny hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance.
MASSAGE THERAPYAn establishment whose business emphasis is the administration of non-sexual-oriented massage to patrons by employees.
MEANThe average of a series of figures computed by adding up all the figures and dividing by the number of figures.
MEDIATION (MPC)A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL CENTEREstablishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health care practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.
MEMBERSHIP CLUBAn area of land or building used by a recreational, civic, social, fraternal, religious, political, or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, but not including members of the general public. These uses are restricted to those not conducted primarily for gain, although a restaurant may be operated primarily to serve members and their guests. This use shall not include boardinghouse, a tavern, restaurant open to the general public, or an auditorium, unless that particular use is permitted in that district and the applicable requirements of that use are met.
MIDSTREAM OPERATIONCompressors, compressor stations, meters and processing plants that support more than one well pad.
MINERAL BATCHING AND MIXING PLANTA facility where extracted materials are amassed, sorted, mixed, crushed and/or ground for the production of materials to be used in the construction industry including, but not limited to, concrete, blacktop, asphalt and amesite.
MINERALS (MPC)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.
MINI SELF-STORAGE UNITSA facility, usually one or more permanent buildings divided into units, providing for the enclosed storage of household items or recreational equipment, where said items are retained for direct use by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.
MININGThe extraction of minerals including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine site or as part of a mining activity.
MINOR REPAIRThe 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 rearrangements of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition or alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MIXED USEOccupancy of a building or land for more than one use.
MIXED-USE DEVELOPMENTThe development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.
MOBILE HOME (MPC)A 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 and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT (MPC)A 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 PARK (MPC)A 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 STAND OR PADThat part of an individual mobile home space which has been reserved for the placement of a mobile home and appurtenant structures and connections.
MODULAR HOMEA type of dwelling that is in a substantial part but not wholly produced in sections off the site and then is assembled and completed on the site. This shall not include any dwelling that meets the definition of mobile home, nor shall it include any dwelling that does not rest on a permanent foundation, nor any dwelling intended to be able to be moved to a different site once assembled, nor any dwelling that would not fully comply with any and all applicable building codes. A modular home also shall not include a building that includes only one substantial piece prior to delivery on the site.
MOTELA building or group of buildings whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances, and designed for temporary occupancy by primarily transient automobile travelers and providing for accessory off-street parking facilities.
MOTOR FREIGHT TERMINALA terminal that is primarily centered around the storage and distribution of motor freight.
MULTIMUNICIPAL PLAN (MPC)A plan developed and adopted by any number of contiguous municipalities, including a joint municipal plan as authorized by this Act, except that all the municipalities participating in the plan need to be contiguous, if all of them are within the same school district.
MUSEUMAn institution in the service of society and of its development, open to the public, which acquires, conserves, researches, communicates and exhibits, for the purpose of study, education and enjoyment, the tangible and intangible evidence of people, their history, culture and surroundings.
NATURAL AREA RESOURCES INVENTORY (NRI)A survey of existing natural elements relating to land, water, air, plant, and animal life of an area or a community and the interrelationship of these elements. The NRI usually includes data on soils, geology, topography (including watershed and flood areas), and vegetation. Also known as the 2005 Bradford County Natural Areas Inventory.
NATURAL FEATUREA component of a landscape existing or maintained as part of the natural environment and having ecologic value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wild life, human recreation, reduction of climatic stress or energy costs. Such features include those, which, if disturbed, may cause hazards or stress or energy costs.
NATURAL GAS PROCESSING PLANTA permanent facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
NATURAL GAS PRODUCTIONThe period after the fracturing and flow back operations have been completed and natural gas has been run through a series of separators and tank batteries to metering devices and into the pipeline.
NATURAL GAS WELLAny well drilled, to be drilled or used for the intended or actual production of natural gas.
NEW USEAny new activity or use of land in a lot or parcel that was not occurring as of the effective date of this chapter.
NO-IMPACT HOME-BASED BUSINESS (MPC)A 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:
(1) The business activity shall be compatible with the residential use of the property and the surrounding residential uses;
(2) The business shall employ no employees other than family members residing in the dwelling;
(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature;
(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights;
(5) 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;
(6) 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;
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area; and
(8) The business may not involve any illegal activity.
NONCONFORMING LOT (MPC)A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGNAny sign lawfully existing on the effective date of an ordinance, or an amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTURE (MPC)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.
NONCONFORMING USE (MPC)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.
NURSING OR CONVALESCENT HOMEA facility licensed by the Commonwealth of Pennsylvania for the housing and intermediate or fully skilled nursing care of three or more persons.
OBSERVATION WELLA well used to monitor the integrity and conditions in a gas storage reservoir, the reservoir protective area or strata above or below the gas storage horizon.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same down the stream to the damage of life and property.
OFF-STREET PARKINGA temporary storage (surface or structure) for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedication right-of-way, and is located upon the same lot as a principal use or, in the case of joint parking, within close proximity.
OFFICEA use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall not include retail or industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.
OFFICES, PROFESSIONALIncluding, but not limited to, offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians, banks, financial institutions, contractors (excluding storage) and similar office-oriented uses.
OFFICIAL MAP (MPC)A map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code.
OILAny one of a great variety of unctuous combustible substances, not miscible with water; as olive oil, whale oil, rock oil, etc. They are of animal, vegetable or mineral origin and of varied composition, and they are variously for food, for solvents, for anointing, lubrication, illumination, etc., by extension, any substance of an oily consistency; as oil of vitriol.
OIL AND GAS METERING STATIONSA permanent structure that is used as midstream operation for the purpose of metering or measuring the flow and/or volume of gas and includes associated equipment, tanks and site disturbance.
OIL AND GAS OPERATIONSThe term includes the following:
(1) Well location assessment, including seismic operations, well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;
(2) Water or other fluid storage or impoundment areas used exclusively for oil and gas operations;
(3) Construction, installation, use, maintenance, and repair of:
(b) Natural gas compressor stations; and
(c) Natural gas processing plants or facilities performing equivalent functions.
(4) Construction, installation, use, maintenance and repair of all equipment directly associated with the activities identified above, to the extent that:
(a) The equipment is necessarily located at or immediately adjacent to the well site, impoundment area, oil and gas pipeline, natural gas compressor station or natural gas processing plant; and
(b) The activities are authorized and permitted under the authority of a federal or state agency.
OIL AND GAS WELLA pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal.
OIL AND GAS WELL PAD DEVELOPMENTThe area of surface operations surrounding the surface location where facilities, structure, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well. This definition also includes exploratory wells. Such area shall not include an access road to the drilling site.
ON-SITE WATER SERVICEA potable supply of water used for the consumption by a single-family user from a private well.
OPEN PIT MININGOpen pit mining shall include all activity which removes from the surface or beneath the surface, of the land some material mineral resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one; or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of: sand, gravel, topsoil, limestone, sandstone, coal, clay, shale and iron ore.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedication, designed, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests.
OPEN SPACE, COMMONA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designated and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
OPEN SPACE, PRIVATEOpen space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.
OPEN SPACE, PUBLICOpen space owned by a public agency and maintained by it for the use and enjoyment of the general public.
OUTDOOR FUEL-BURNING APPLIANCEAny equipment, apparatus or device, which is designed, installed and operated outside of a residential structure and used to burn fuel to produce heat for domestic hot water, space heating of houses, or accessory structures.
OUTDOOR LIGHTINGAn illumination source outside any building, including, but not limited to, an incandescent bulb, mercury, sodium or neon-filled bulb, and the hardware containing the illumination source and supporting it. Lighting fixtures underneath a roof of an open-sided building, including but not limited to storage sheds, canopies and gas station marquees over gas pumps, are deemed to be "outdoor lighting."
OUTDOOR RECREATIONA type of "recreation" use that is used principally for active and passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses.
OUTDOOR STORAGEThe keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
OVERLAY ZONEA zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.
PARCELA lot, plot or tract of land designated by any legally recorded or approved means as a single unit. The term includes, but is not limited to, tax parcels, lots or deeded areas.
PARKA tract of land, designated and used by the public for active and passive recreation.
PARKING GARAGEA building where passenger vehicles may be stored for short-term, daily or overnight off-street parking.
PARKING LOTAny lot, municipally or privately owned, for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or may be provided for a fee.
PARKING SPACEThe space within a building, or on a lot or parking lot, for the parking or storage of one automobile.
PARTY WALLA common shared wall between two separate structures, buildings, or dwelling units.
PATIOAn unroofed area or courtyard, which shall not be completely enclosed, except for any side that may adjoin a structure or for any fences, walls, shrubs, or hedges. Outdoor areas covered by a roof, trellis, or fixed awning shall be considered to be a structure.
PEDESTRIAN WALKWAYA specified easement, walkway, path, sidewalk or other reservation, which is designed and used exclusively by pedestrians.
PERMITTED-BY-RIGHT USESAllowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of the Zoning Ordinance. A "nonconforming use" shall not be considered to be a permitted-by-right use, a special exception use or a conditional use.
PERSONA corporation, company, association, society, firm, partnership, or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL-CARE HOMEA facility defined and licensed by the Commonwealth of Pennsylvania Department of Human Services in accordance with Title 55 of the Pennsylvania Code, Chapter 2620. A personal-care home is a premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term-care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self administration. A "halfway house" is not a personal-care home.
PERSONAL SERVICE ESTABLISHMENTService activities shall include and be similar to barbershops, beauty salons, health spas, massage parlors; photographic studios; self-service laundry and dry-cleaning establishments, laundromats; radio and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches; tailor and dressmaking shops; and pet grooming with no overnight boarding. Personal service establishments shall not be construed to be adult regulated facilities as defined herein.
PERVIOUS SURFACEAny material that permits full or partial absorption of stormwater.
PET STOREA store where the primary business is the sale of animals to be used as pets, excluding boarding, veterinary and breeding services.
PIPE YARD AND EQUIPMENT STAGING AREAA use where an ancillary oil and/or natural gas contractor stores new and/or used material, machinery, equipment, piping and other supplies for use at an oil and gas operation. Such material, machinery, equipment, piping and other supplies may be made available for wholesale or retail purposes or rental programs.
PIPELINEAll parts of those physical facilities running through which gas, hazardous liquids, fresh water, saltwater or chemicals move in transportation, including but not limited to, pipes, valves, and other appurtenance attached to pipe, whether or not laid in a public or private easement or public or private right-of-way within the Borough, including but not limited to, gathering lines, production lines or transmission lines. This definition does not include pipelines associated with franchise utilities.
PLAN, SKETCHAn informal plan indicating salient existing features of a tract and its surroundings and the general layout of proposed subdivision or land development. The sketch plan does not constitute a formal submission of a preliminary or final plan and is voluntarily offered to all applicants for guidance.
PLANNED RESIDENTIAL DEVELOPMENT (MPC)An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.
PLANNING AGENCY (MPC)A planning commission, planning department, or a planning committee of the governing body. For the purposes of this chapter, the Wyalusing Borough Planning Commission and the Bradford County Planning Commission shall be the identified local planning agencies.
PLAT (MPC)The map or plan of a subdivision or land development whether preliminary or final. (For the purpose of this chapter, the terms "plat" and "plan" have the same meaning.)
POST-FIRM STRUCTUREIs a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated 2-2-2014, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
POWER-GENERATION FACILITYA facility that generates electric power for the purpose of transmission of such electricity to other users not located on the site where the electricity is generated.
PRE-APPLICATION CONFERENCEAn initial meeting between developers and the Zoning Officer/Code Enforcement Official and/or Borough Engineer, which affords applicants and/or developers the opportunity to present their proposals informally.
PRE-FIRM STRUCTUREA structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated 2-2-2014, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
PRESERVATION or PROTECTION (MPC)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.
PRIME AGRICULTURAL LAND (MPC)Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services county soil survey.
PRINCIPAL USEThe primary or predominant use of any lot or parcel of land.
PRIVATENot publicly owned, operated, or controlled.
PRIVATE RECREATIONAL FACILITYA privately owned facility for recreational purposes, including, but not limited to, such uses as parks, nature trails and wildlife sanctuaries and excluding uses which would commonly be considered a nuisance because of noise, pollution, etc., such as racing, touring and promotion of motor vehicles.
PRIVATE STREET/ROADA nonpublic right-of-way, which provides vehicular access to one or more lots.
PRODUCTION FACILITIESAll storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, flowline, and other equipment directly associated with oil wells, gas wells or injection wells.
PRODUCTION WELLAny gas or oil well that has been brought on line to provide the material to market after a successful exploration step.
PUBLIC ENTERTAINMENT FACILITIESAn activity operated as a gainful business open to the public for entertainment or recreation, including, but not limited to, motion-picture theaters, health clubs and miniature golf courses.
PUBLIC GROUNDS (MPC)Includes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas;
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned and operated facilities; and
(3) Publicly owned or operated scenic and historic sites.
PUBLIC HEARING (MPC)A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.
PUBLIC LANDOwned, operated or controlled by a government agency (federal, state, or local) including a corporation created by law for the performance of certain specialized governmental functions or any public school district.
PUBLIC MEETING (MPC)A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to "open meetings").
PUBLIC NOTICE (MPC)A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. The 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 PARKS AND RECREATION AREASLocations for leisure-time activities, including but not limited to sports and entertainment that are open to anyone without restriction, except for the rules and standards of conduct and use.
PUBLIC RECREATION FACILITY/PUBLIC GROUNDSRecreation facilities owned and/or operated by an agency of the municipality or other governmental body, including, but not limited to, sports parks, swimming pools, golf courses, etc.
PUBLIC SEWERA system of conveyance, treatment and discharge that provides for the safe and healthful disposal of sewage generated by multiple principal uses that is owned and/or operated by Wyalusing Municipal Authority, including their successors.
PUBLIC STREET/ROADA street ordained or maintained or dedicated and accepted by a Borough, city, Borough, county, state or federal governments and open to public use.
PUBLIC USEA use or activity which is open to or available for enjoyment by the general public, including facilities owned or operated by federal, state, county or municipal governments, or other nonprofit groups, e.g., state game or forest lands, state parks, municipal swimming pools, boat launch areas, etc.
PUBLIC UTILITY FACILITYAny structure, which belongs to a public utility for uses such as electrical, telephone, gas, water and sewer which are regulated by the PUC or any other governmental agency.
PUBLIC UTILITY TRANSMISSION TOWERA structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
PUBLIC WATERA system of source, treatment, storage and/or distribution of domestic water supply to multiple principal uses that is owned and/or operated by the Wyalusing Municipal Authority, including their successors.
QUARRYA lot or land or part thereof used for the purpose of extracting stone, sand, clay, gravel, or topsoil for sale, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RADIOACTIVE MATERIALAny natural or artificially produced substance which emits radiation spontaneously.
RECREATIONAny activity, whether structured or not, in which individuals voluntarily engage during their leisure, including but not limited to:
(1) Sports (individual, dual, team, coed recreational, and combative), athletics; both land- and water-based;
(2) Arts and crafts, spectating, picnicking, nature study, and board games; and
(3) Dance, drama, music, games, social recreation, special events, hiking/walking, cycling, hobbies, outdoor educational activities, and cultural activities.
RECREATION AREA, ACTIVEAny area developed in such a manner as to be conducive to those activities that fall within the range of active recreation. Examples: athletic fields and hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas, and apparatus areas.
RECREATION AREA, PASSIVEAny area developed in such a manner as to be conducive of those activities that fall within the range of passive recreation. Examples: scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing, gardens, streams and impoundments, social events, picnicking, and spectating areas.
RECREATION, ACTIVELeisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.
RECREATION, OPEN SPACEThe area of land suitable for the development of specific active recreation facilities for leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields, including, but not limited to, baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendance.
RECREATION, PASSIVEActivities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, checkers, and similar table games.
RECREATIONAL VEHICLEA vehicle-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
RECREATIONAL VEHICLE PARK OR CAMPGROUNDA parcel of land which has been planned and improved for the placement of recreational vehicles or camping equipment for temporary living quarters, for recreational, camping or travel use, on recreational vehicle or camp ground lots rented for such use.
RECREATIONAL VEHICLE PARK OR CAMPGROUND LOTA parcel of land abutting a street or private road occupied by one recreational vehicle or camping equipment for temporary living quarters, for recreational, camping or travel use.
RECYCLING YARDA lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
RECYCLABLE MATERIALSThose designated waste products that are collected at approved recycling dropoff centers within the Borough for transformation into new and/or different products at another location.
RECYCLING DROPOFF CENTERSFacilities intended for the collection of recyclable materials, not including municipal, residual or hazardous waste transfer stations.
RENEWABLE ENERGY SOURCE (MPC)Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
RENTALA procedure by which services or personal property is temporarily transferred to another person for a specific time period for compensation.
RENTAL UNITAn individual commercial or institutional space offered for rent or lease within a motel, hotel, rooming house, tourist home, institutional home, bed-and-breakfast, apartment building, dormitory, or in a professional or commercial office building.
REPAIR SERVICESShops for the repair of appliances, watches, guns, bicycles and other household items.
REPORT (MPC)Any letter, review, memorandum, compilation or similar writing made by anybody, 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.
RESEARCH LABORATORYAn establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.
RESIDENTIAL CONVERSIONThe conversion of a single-family detached dwelling into accommodations for more than one dwelling unit, typically up to and not exceeding three apartment units.
RESIDENTIAL TREATMENT FACILITYA facility providing shelter, counseling, and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimum level of supervision but do not require medical or nursing care or general supervision. A residential treatment facility must be licensed and/or approved by the Pennsylvania Department of Human Services.
RESIDUAL WASTEGarbage, refuse, other discarded material or waste, including solid, liquid semisolid or contained gaseous materials resulting from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act, nor treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Act.
RESIDUAL WASTE LANDFILLA facility for disposing of residual waste. The term does not include a residual waste impoundment or a facility for the land application or residual waste. The term does not include a facility at which municipal waste, other than industrial lunchroom or office waste generated by the operator, construction/demolition waste generated by the operator, or certain special handling, is disposed.
RESORT LODGEA hotel or motel that serves as a destination point for visitors. A resort generally provides recreational facilities for persons on vacation. A resort shall be self-contained and provide personal services customarily furnished at hotels, including the serving of meals, and a conference/convention center. Buildings and structures in a resort should complement the scenic qualities of the location in which the resort is situated.
RESTAURANTA commercial establishment devoted to the sale and consumption of food and beverages to patrons within an enclosed building, while the patrons are seated at counters, booths, or tables. A restaurant may contain an accessory area or use devoted to outdoor eating, retail sales, social quarters, meeting rooms, bars, taverns, taprooms, and similar uses, provided the cumulative total area of the accessory use does not exceed 50% of the gross floor area of the restaurant.
RETAINING WALLA structure that holds back earth or water from a building or other structure. Retaining walls stabilize soil and/or rock from down slope movement or erosion and provide support for vertical or near-vertical grade changes. Retaining walls are generally made of masonry, stone, brick, concrete, vinyl, steel or timber. A professional engineer must certify retaining wall designs.
RETIREMENT COMMUNITYPlanned development designed to meet the needs of, and exclusively for, the residence of senior citizens.
RIDING ACADEMY or BOARDING STABLEAn establishment where horses are kept for riding, or are stabled for compensation, or incidental to the operation of any club, association, ranch, or similar establishment.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
RIPARIAN LANDLand that is traversed or bounded by natural watercourse or adjoining tidal lands.
RIPARIAN RIGHTSRights of a landowner to the water on or bordering his or her property, including the right to make use of such waters and to prevent diversion or misuse of upstream water.
ROADSIDE STANDA temporary or permanent booth, stand or shelter, located along a roadway, but off the road right-of-way, from which farm, nursery or greenhouse products or other merchandise is offered for sale to the general public.
SANITARY FACILITY, LANDFILL or INCINERATORLand, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place or where hazardous waste is treated, stored or disposed. The term includes land thereby used or affected during the lifetime of operations, including areas where solid waste management actually occurs, support facilities, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities, contiguous borrow areas and other activities in which the natural land surface has been disturbed or used as a result of or incidental to operation of the facility. A waste facility must meet the requirements of Title 25 of the Commonwealth of Pennsylvania Code, Articles
VII to Article
IX, and any state or federal act or laws, as applicable and amended, such as the Solid Waste Management Act, the Clean Streams Law, and all applicable federal regulation, such as the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 to 6992 and 40 CFR Parts 260 to 279. A waste disposal or processing plant may include landfills, incinerators, impoundment, transfer facilities, composting facilities or resource recovery facilities, as defined in the Pennsylvania Code.
SANITARY SEWAGEAny liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material.
SATELLITE DISH ANTENNAA device incorporating a reflective surface, which is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia, and including its pedestal and other attachments. Such device shall be used to transmit and/or receive radio or other electromagnetic waves between terrestrially and/or orbital-based uses. This definition is meant to include, but not be limited to, what are commonly referred to as "satellite earth stations," "television receivers only" or TCROs, and "satellite microwave antennas."
SAWMILL OPERATIONA principal use, consisting of a building structure or area where timber is cut, sawed or planed, either to finished lumber or as an intermediary step and may include facilities for the kiln drying of lumber and may include the distribution of such products on a wholesale or retail basis.
SCHOOLAny place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL, COLLEGESame as elementary and secondary school except general education is provided above the level of the secondary school and may include junior college, college, or university and is authorized to grant academic degrees.
SCHOOL, COMMERCIALA school conducted for profit for such instruction as business, art, music, trades, handicraft, dancing or riding.
SCHOOL, ELEMENTARYAny school having regular sessions with employed instruction, which teaches those subjects that are fundamental and essential in general education for elementary grades.
SCHOOL, NURSERYAny place designed and operated to provide regular instruction and daytime care for four or more children under the age of elementary school, and where tuition or other forms of compensation for the instruction and care of the children is charged. Such facility employs licensed personnel and is licensed by the Commonwealth of Pennsylvania.
SCHOOL, PAROCHIALA school supported and controlled by a church or religious organization.
SCHOOL, PRIVATEAny building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.
SCHOOL, PUBLICA public place of instruction other than a commercial school operated by a public agency.
SCHOOL, SECONDARYSame as elementary school except general education is provided for secondary grades.
SCHOOL, VOCATIONALSame as elementary and secondary school except that the primary activity is training in a trade or vocation.
SCREEN PLANTINGA vegetative material of sufficient height and density to conceal from the view of property owners on adjoining residential districts the structures and uses on the premises on which the screen planting is located.
SCREENINGThe provision of a barrier to visibility, air borne particles, glare and noise between adjacent properties, uses and/or districts composed entirely of trees, berms, shrubs, sight-tight fences, walls and/or other similar type materials.
SEISMIC TESTINGTesting conducted on the earth's surface or shallow subsurface for the purpose of evaluating subsurface geological conditions.
SEPTIC SYSTEMAn underground system with a septic tank for the decomposition of wastes.
SETBACKThe distance between the building and any lot line.
SEWER FACILITYA system of sewage collection, conveyance, treatment and disposal, which will prevent the discharge of, untreated or inadequately treated sewage or other waste into waters of the commonwealth or otherwise provided for the safe and sanitary treatment and disposal of sewage or other wastes.
SEWER SYSTEM, COMMUNITYA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more equivalent dwelling units and the treatment and disposal, or both, of the sewage on one or more of the lots or at another site.
SEWER SYSTEM, INDIVIDUALA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of the commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
SEXUAL ACTIVITIESIncludes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or (3) excretory functions as a part of or in connection with any of the activities set forth in (1) or (2). The term does not include any of the following: medical publications or films or bona fide educational publications or films; any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography; any news periodical which reports or describes current events and which from time to time publishes photographs of nude or seminude persons in connection with the dissemination of the news; or any publication or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the populations.
SHADOW FLICKERAlternating changes in light intensity caused by the moving wind rotor blade casting shadows on the ground and stationary objects.
SIDEWALKA paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIDEWALK AREAThat portion of the right-of-way that lies between the right-of-way line and curbline, regardless of whether the sidewalk exists.
SIGHT DISTANCEThe length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGNAny object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. This excludes national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of governments.
SIGN, ABANDONEDA sign located on a property or lot, which is vacant and/or unoccupied for a period of 90 days, which is damaged, in disrepair or vandalized and not repaired within 90 days, or, which contains an outdated message for a period exceeding 30 days.
SIGN, ADDRESSA sign or individual lettering/numbering that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service.
SIGN, AREAThe area of a sign including all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
SIGN, AWNINGA sign displayed on or attached flat against the surface or surfaces of an awning.
SIGN, BILLBOARDA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
SIGN, BLANK-OUTAn electronic display, changeable message sign, which is typically used as a traffic control device that is capable of displaying one or more alternative messages. These signs have blank mode when no message is displayed, while others display multiple messages with only one of the messages displayed at a time such as: incident management and route diversion, warning of adverse weather conditions, special event applications associated with traffic control or conditions, control at crossing situations, lane, ramp, and roadway control or other types of managed lanes, travel times, warning situations, traffic regulations, speed control, destination guidance and open/closed signs at weigh stations.
SIGN, CANOPY (ATTACHED)A multisided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light.
SIGN, CANOPY (FREESTANDING)A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
SIGN, CONSTRUCTIONA temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN, DIGITAL BILLBOARDAn off-premises sign, display or device, which changes the static message or copy by electronic means.
SIGN, DIRECTIONALSigns limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, ELECTRONIC MESSAGEAny sign, or portion of a sign, that displays an electronic image or video, which may or may not include text, where the rate of change is electronically programmed and can be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays, and other similar media.
SIGN, FACEThe area or display surface used for the message.
SIGN, FREESTANDINGA sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
SIGN, GARAGE/YARD SALEA temporary sign that directs attention to the sale of personal goods on the premises on which the sign is located.
SIGN, GOVERNMENT/REGULATORYAny sign to control traffic or for identification, including street signs, warning signs, railroad-crossing signs and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof in the discharge of his official duties.
SIGN, GROUNDAny sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
SIGN, HEIGHTDistance from the existing ground elevation at the base of, or immediately below the sign, to the highest point of the sign structure.
SIGN, IDENTIFICATIONA sign giving the nature, logo, trademark, or other identifying symbol, and address of a building, business development, or establishment on the premises where it is located.
SIGN, ILLEGALSigns, which are erected without a permit, without property or lot owner permission, or which are erected in a zone without meeting minimum requirements of that zoning district.
SIGN, ILLUMINATEDDirectly lighted by any artificial light source, internal or external.
SIGN, INFLATABLEAny sign, used on a temporary basis, that is either expanded to its full dimensions or supported by gases contained within the sign, or sign parts, at a pressure greater than atmospheric pressure to advertise a product or event. For purposes of this definition and chapter, a simple helium balloon is not considered to be an inflatable sign.
SIGN, INFORMATIONALAn on-premises sign for the convenience of the public giving directions, instructions, facility information or other assistance around a site, such as location of exits, entrances, parking lots, amenities and housing units, to encourage proper circulation. It may contain the logo of an enterprise, but no other advertising copy.
SIGN, INSTRUCTIONALA sign, which provides direction or instruction to guide persons to facilities intended to serve the public (e.g., rest rooms, public telephones, public walkways, parking areas, maps, housing units or transportation schedules).
SIGN, LED/LCDSigns that have an alphabetical, pictographic or symbolic content that can be changed or altered on a display screen using light-emitting diodes technology, liquid crystal display technology or other technology that produces an electronic image on a display screen.
SIGN, MARQUEEAny sign attached to a covered structure projecting from and supported by a building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.
SIGN, MONUMENTAny freestanding sign, the bottom of which is no more than 12 inches above the ground or pavement.
SIGN, NEONAny sign composed of glass tubing containing a large proportion of neon or other similar gas. A neon sign may be a wall sign, a projecting sign, or a window sign.
SIGN, OFF-PREMISESA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.
SIGN, ON-PREMISESAny sign, the content of which relates to the premises on which it is located, referring to the name, location, products, services or activities on the premises, or the sale, lease or construction of the premises.
SIGN, PERMANENTA sign that is constructed in a manner and of materials that will withstand long-term display and is intended to be displayed for an indefinite period of time.
SIGN, POLITICALA temporary sign relating to the election of a person to a public office or a political party or a matter to be voted upon at an election by the public.
SIGN, PORTABLESign, graphic or display for commercial, industrial, institutional, service, entertainment or informational purposes which can be readily moved from place to place and which is not affixed to a building, to another permanent structure or to the ground.
SIGN, PROJECTINGA sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATEA sign relating to the property or lot upon which it is located, offering such property or lot for sale or lease.
SIGN, ROOFA sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the cave line of a building with a gambled, gable, hip roof, or the deck line of a building with a mansard roof.
SIGN, TEMPORARYAny sign, or advertising display constructed of cloth, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time. Portable signs or any sign that is not permanently embedded in the ground or otherwise permanently affixed to real estate are considered temporary signs.
SIGN, WALLAn attached sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign. For the purpose of this definition, a wall sign shall also include signs projected onto a wall or building structure by an external light source.
SIGN, WINDOWA sign which is attached to a window or transparent door or that can be read through a window or transparent door.
SIMILAR USEA use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele. See "change of use."
SITEA parcel of land located in a municipality, established by a plat or otherwise as permitted by law, which is the subject of an application for development. A site may include more than one lot.
SITE PLANAn accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development.
SKILLED OR INTERMEDIATE NURSING CAREProfessionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term-care nursing facility or an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity.
SLOPEThe face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SMALL ENGINE REPAIR SHOPA use devoted to the mechanical restoration of machines that power domestic tools and other household devices and appliances.
SOLAR ENERGY SYSTEMAn energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition shall include rooftop, building mounted, ground-mounted and freestanding solar collectors and arrays.
SOLID WASTE TRANSFER FACILITYLand or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application.
SPECIAL EXCEPTION (MPC)A use permitted in a particular zoning district and approved by the Zoning Hearing Board pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code.
SPECIAL FLOOD HAZARD AREA (SFHA)An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1 A30, AE, A99, or, AH.
SPECIAL OCCASION HOMEAn owner-occupied residence of historical and/or architectural significance which is available for private rental for occasions such as business meetings, weddings, receptions, banquets, private parties, fund-raising events, conferences and similar functions, although not otherwise open to the general public. The rental use must be as secondary and subordinate to the residential use.
SPECIFIED ANATOMICAL AREAS(1) Less than completely and opaquely covered human genitals, pubic regions; buttocks; and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; and
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
SPOT ZONINGRezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the comprehensive zoning plan.
STABLE, PRIVATEAn accessory building in which horses are kept for private use and not for hire, remuneration, exhibition, or sale.
STABLE, PUBLICA building in which horses are kept for remuneration, hire, exhibition, or sale.
STEEP SLOPELand with a 15 feet or greater change in elevation 100 feet or less in horizontal distance or, in other terms, 15% or greater on the average. The following formula is the acceptable method of determining average slope:
S | = | 0.0023 I x L |
| | A |
S | = | Average percent slope of site |
I | = | Contour interval in feet |
L | = | Sum of the length of contours in feet |
A | = | Land area in areas of parcel being considered. |
STOOPA covered or uncovered area at the front, side or rear door.
STORAGE SHEDA structure not intended for residential occupancy which is accessory to the principal use of the property as a place to store personal property.
STORAGE SHED, COMMERCIALA structure not intended for residential occupancy which is a principal use of the property as a place to rent for storage of personal property.
STORAGE TRAILER (TEMPORARY USE)A vehicular, portable structure built on a chassis, designed to be used for storage and transportation of goods. This definition shall apply to all such trailers with dimensions in excess of six feet in width and 19 feet in length.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.
STORY, HALFA space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
STREAMA watercourse having banks and a channel through which waters flow at least periodically.
STREET (MPC)Includes 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.
STREET GRADEThe officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade. Includes established grade.
STREET LINEThe dividing line between the street and the lot, also known as right-of-way line.
STREET WIDTHThe distance between street lines measured at right angles to the center line of the street.
STREET, COLLECTORA major street or highway, which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and the streets for circulation within such a development.
STREET, MAJOR ARTERIALA street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterials.
STREET, MARGINAL ACCESSA 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. Also known as a service road.
STREET, MINOR ARTERIALA street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets.
STREET, PAPERA street that has never been built shown on an approved plan, subdivision plat, Tax Maps, or Official Map.
STREET, PRIVATEA legally established right-of-way other than a public street not offered for dedication or accepted for municipal ownership and maintenance.
STRUCTURE (MPC)Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, ACCESSORYA structure detached from a principle structure, but located on the same lot, which is customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, TEMPORARYA structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
STUDENTAn individual registered for instruction from an educational institution, whether public or private, within a given calendar year.
STUDENT HOUSINGA living arrangement for no more than four students located in a dwelling having a floor area of at least 1,500 square feet, not including basement, garages and accessory buildings. Students living in student housing shall mean students, typically unrelated, living independently from parents or guardians while attending an education institution.
STUDIOA building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.
SUBDIVIDERThe owner or authorized agent of the owner of a lot, tract or parcel of land to be subdivided for sale or land development under the terms of this chapter.
SUBDIVISION (MPC)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 by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds 50% of the fair market value of a property either before the improvement is started or, if the property has been damaged and is being restored, before the damage occurred.
SUBSTANTIALLY COMPLETED (MPC)Where, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the PA MPC) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SUPPLY YARDSA commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
SWALEA low-lying stretch of land characterized as a depression used to carry surface water runoff.
SWIMMING, BATHING OR OTHER POOLA water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing. Farm ponds and/or lakes are not included provided that swimming was not the primary purpose for their construction.
TAVERNAn establishment which primarily serves alcoholic and/or non-alcoholic beverages for on-premises consumption, licensed by the Pennsylvania Liquor Control Board, where live entertainment can be offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys or live bands for the purposes of supplying musical entertainment. Taverns can offer the retail sale of carry-out beer and consumption of food.
TEMPORARY USEA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
THEATERA building or part of a building devoted to the showing of motion pictures or theatrical productions on a commercial basis.
THEATER, OUTDOOR DRIVE-INAn open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles, or on outdoor seats.
THRIFT SHOPA retail establishment operated by a nonprofit/charitable organization granted federal exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is engaged in selling donated used merchandise, such as clothing, shoes, household furnishings and appliances, books, magazines, and sports/recreational equipment.
TINY HOMEA dwelling unit placed on a property for occupancy as either a principal or accessory dwelling unit with a habitable floor area between 150 square foot and a maximum of 400 square feet constructed on a foundation or on wheels.
TOWNHOUSEA building designed for and occupied exclusively as a residence for one family and one of a group of three or more attached buildings, placed side by side and separated by party walls.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (MPC)An area of land developed for a compatible mixture or residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian public park, commons, plaza, square, or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origin to destination and is appropriately designed to serve the needs of pedestrians and vehicles equally.
TRANSFERABLE DEVELOPMENT RIGHTS (TDR) (MPC)The attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
TRANSFORMER SUBSTATIONAn electric substation containing an assemblage of equipment for the purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching and modifying its characteristics to meet the needs of the general public, provided that in a residential district, an electric substation shall not include rotating power equipment, storage of materials, trucks or repair facilities or housing of repair crews.
TRANSPORTATION TERMINALLand and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. The terminal may also serve as a passenger station that is central to an area and serves as a junction at any point with another line. A bus terminal would be a central point for passengers, and a truck terminal would be a central point for freight.
TREATMENT CENTERA use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(1) Criminal rehabilitation, such as a criminal halfway house;
(2) Current addiction to alcohol or a controlled substance that was used in an illegal manner; and/or
(3) A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
TRUCK TERMINALLand and buildings used primarily for the storage and maintenance of trucks and/or trailers and to transfer freight from one truck and/or trailer to another. The terminal shall not be used for storage of freight. The terminal may include storage areas for trucks, and buildings for the repair of trucks associated with the terminal.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the highest point of the wind rotor.
UNCONVENTIONAL FORMATIONA geological shale formation existing below the base of the Elk sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.
UNCONVENTIONAL WELLA well bore drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.
UNDEVELOPED LANDAny lot, tract or parcel of land, which has not been graded, or in any other manner prepared for the construction of a building.
USEThe specific purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
UTILITY LINEA line built and maintained in order to transport materials, utilities or services by underground or above ground means, including gas, electric, oil, cable, water, sewage, telephone, fiber optic cables, stormwater, computer lines and other lines.
VARIANCEA departure from the provisions of a zoning ordinance relating to setbacks, side yards, frontage requirements, and lot size that, if applied to a specific lot, would significantly interfere with the use of the property. The hardship variance can be granted when the strict enforcement of the Zoning Ordinance as it applies to a specific lot would present practical difficulties in the use of the property. The hardship relates to the physical characteristics of the property, and without the variance, the property becomes unusable.
VEGETATIVE COVERAn area covered with a vegetative material: grass, shrubs, vines and trees.
VEHICLE BODY SHOPA building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of motor vehicles, provided that all repair and paint work is performed within an enclosed building and all motor vehicle parts, refuse and similar articles are stored within a building or enclosed area. Mechanical repairs, the sale of lubricants, etc., may or may not be included as accessory uses.
VEHICLE, DISMANTLED OR NONOPERABLEA vehicle, which does not display the current Pennsylvania state inspection certificate and is manifestly incapable of being locomotive in its existing condition. This does not include agricultural machinery and equipment.
VEHICLE, REPAIR GARAGEA building on a lot designed and/or used primarily for mechanical repairs, storage, rental or servicing of automobiles, trucks and similar motor vehicles.
VENTILATING SHAFTSAny structure designed to furnish air and/or power, including transformation and conversion of said power, to underground coal mines.
VESTED RIGHTA right that cannot be changed or altered by changes in regulation.
VETERINARIANA qualified professional trained in the care and treatment of animals and in particular domestic animals. For the purpose of this Zoning Ordinance, the term "veterinarian" includes the office, waiting room, examination room, treatment area and overnight quarters for the usual house pets (dogs, cats, birds, hamsters and the like).
VIEWSHEDThat portion of the landscape, which can be readily viewed by the observer from one or more vantage points. The extent of area that can be viewed is commonly delineated by landform, vegetation and/or distance.
VINEYARDGround planted with grapevines cultivated for the purpose of commercially producing wine. A vineyard is an agricultural use where grapes and/or other wine producing crops are grown.
WALLAn upright structure of masonry, wood, plaster or other building material to enclose, divide or protect an area.
WAREHOUSING AND DISTRIBUTION CENTERSA building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WATERCOURSEA stream of water, river, brook, creek, or channel or ditch for water, whether natural or man-made.
WATER FACILITYAny waterworks, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water.
WATER IMPOUNDMENTIncludes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features.
WATER PURVEYORAny of the following:
(1) The owner or operator of a public water system as defined in Section 3 of the PA Safe Drinking Water Act (P.L. 206, No. 43); or
(2) Any person subject to the Water Rights Law (P.L. 842, No. 365).
WATER SOURCEAny of the following:
(1) Waters of the commonwealth;
(2) A source of water supply used by a water purveyor;
(3) Mine pool and discharges; or
(4) Any other waters that are used for drilling or completing a well in an unconventional formation. The term does not include flow back or production waters or other fluids:
(a) Which are used for drilling or completing a well in an unconventional formation; and
(b) Which do not discharge into waters of the commonwealth.
WATER SURVEY (MPC)An inventory of the source, quantity, yield and use of groundwater and surface-water resources within a municipality.
WATER SYSTEMA group of facilities used to provide water for human consumption including facilities used for collection, treatment, storage and distribution. The facilities shall constitute a system if they are adjacent or geographically proximate to each other and meet at least one of the following criteria: (a) The facilities provide water to the same establishment which is a business or commercial enterprise or an arrangement of residential or nonresidential structures having a common purpose and includes mobile home parks, multiunit housing complexes, phased subdivisions, campgrounds and motels. (b) The facilities are owned, managed or operated by the same person. (3) The facilities have been regulated as a single public water system under the Federal Act or the Act. This definition may not be interpreted to require two or more currently regulated public water systems to become one system.
(1) TREATMENT TECHNIQUEA requirement which specifies a specific treatment method known to cause a reduction in the level of a contaminant which cannot practically be regulated by establishing an MCL. The term includes treatment technique requirements established under the Federal Act, and treatment technique requirements adopted under the PA Clean Water Act;
(2) WATER SYSTEM, COMMUNITYA public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents;
(4) WATER SYSTEM, OFF-LOTAn approved system in which potable water is supplied to a dwelling or other building from a central water source, which is not located on the lot with the dwelling or building;
(5) WATER SYSTEM, ON-LOTA well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source; and
(6) WATER SYSTEM, PUBLICA water system as defined by the PA Department of Environmental Protection, which has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dish-washing or maintaining oral hygiene.
WATER TREATMENT FACILITYA facility used for treating the flowback water and solutions used in the process of hydraulic fracturing in order to extract natural gas from the Marcellus shale. The treatment facility is where the flowback water and solutions will be taken once the process of hydraulic fracturing is done in order to ensure that the water will be treated properly removing any harmful chemicals, compounds and radionuclides prior to being hauled off-site for reuse or released into a major tributary. Typical water treatment facilities will include, but are not limited to, multi-bay truck loading/unloading station, skim ponds for oil/water separation, water clarifiers, sludge dewatering facilities, reverse osmosis units, evaporators, chemical feed equipment, pumps and other appurtenances.
WATER WITHDRAWAL AND DISTRIBUTION FACILITYA facility immediately adjacent to a river, tributary, or stream that typically contains a submerged suction line, pumps, water main, multiple hydrants, truck loading and staging area, and water storage tanks, storing water on a temporary basis that is intended to be transferred by vehicle to a natural gas well pad for the purpose of hydraulic fracturing. This definition also includes hydrants and/or valves connected to a municipal water system, containing a truck loading and staging area, for water to be transferred by vehicle to a natural gas well pad for the purpose of hydraulic fracturing.
WELL BOREThe surface location of the center of the drill hole.
WETLANDSThose areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [Definition used by U.S. Environmental Protection Agency and U.S. Army Corps of Engineers.]
WILD OR EXOTIC ANIMALSAny animal of a species prohibited by Title 50, Code of Federal Regulations, or otherwise controlled by the Commonwealth of Pennsylvania. It shall include any animal that is wild, fierce, dangerous, noxious or naturally inclined to do harm. "Wild animals," however domesticated, shall also include but not be limited to:
(1) Dog family (Canidea): all except domesticated dogs, including wolf, fox, coyote, dingo, wolf hybrids, etc.;
(2) Cat family (Felidea): all except commonly accepted domestic cats, including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, tigers, wild cats, etc.;
(3) Bears (Ursidea): all bears, including grizzly bears, brown bears, black bears, etc.;
(4) Weasels (Mustelidea): all, including weasels, martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose, etc.;
(5) Raccoons (Procynniddae): all raccoons and civets.;
(6) Porcupine (Erethizontidae): all porcupines.;
(8) Snakes: all venomous and constricting snakes.;
(10) Crocodilians: all alligators, caimans, crocodiles, gavials, etc.;
(11) Venomous fish and piranha; and
WIND ENERGY FACILITYAn electric-generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
WINE TASTING ROOM AND RETAIL SALESIndependent wine tasting room or portion of a facility of a winery where the public may sample products provided by the winery and which has ancillary wine-related retail sales including tasting events.
WINERYA facility specially designed to allow processing of grapes and other fruit products or vegetables, to produce wine or similar spirits. Processing includes crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery, and warehousing. A winery may include barrel rooms, bottling rooms, tank rooms, laboratories and offices, as well as uses that are clearly incidental to the production of wine. A winery may also include retail and wholesale sales of wine, catering areas, banquet areas or rooms, halls, winery events, tours, picnic areas, food service and a tasting facility.
WIRELESS TELECOMMUNICATIONS FACILITIESA structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices and includes a telecommunications tower and antennas and telecommunications site and personal wireless facility. This includes, without limit, towers of all types and kinds and structures that employ camouflage technology, including but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercials satellite services, microwave services and services not licensed by the FCC, but not expressly exempt exclusively for the Borough's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications where the height of the facility is below the height limits set forth in this chapter.
YARD SALEThe display of personal possessions, and those of friends, relatives and neighbors for the sale to the general public upon the property of one's residence.
YARD, DEPTHThe shortest distance between a lot line and a required setback line.
YARD, FRONTA space parallel to the front lot line and extending the full width of the lot between a required front setback line and the front lot line.
YARD, INTERIORAn open, unoccupied space between the buildings of a dwelling group or its accessory buildings, not a front, side or rear yard.
YARD, REARA space parallel to the rear lot line and extending across the full width of the lot between the required rear setback line and the rear lot line.
YARD, REQUIREDAn open space located on the same lot with a building unoccupied and unobstructed from the ground up, except for permitted accessory buildings or such projections as are expressly permitted. The minimum depth or width of a required yard shall consist of the horizontal distance between the lot line and the required building setback line.
YARD, SIDEA space parallel to the rear lot line and extending from the front yard to the rear yard between the required side setback line and the side lot line.
ZERO LOT LINEThe location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
ZONESame as "zoning district."
ZONINGA police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as well as regulations governing lot size, building bulk, placement and other development standards.
ZONING DISTRICTA section of a municipality designated in the Zoning Ordinance text and delineated on the Zoning Map in which requirements for the use of land and building and development standards are prescribed.
ZONING HEARING BOARDThe Zoning Hearing Board of Wyalusing Borough, Bradford County, PA, appointed by the Borough Council.
ZONING MAPThe map setting forth the boundaries of the zoning districts of the Wyalusing Borough which shall be part of this chapter.
ZONING OFFICERThe administrative officer appointed by the Wyalusing Borough Council to administer the zoning ordinance and issue zoning permits.
ZONING PERMITA document signed by a Zoning Officer, as required in the Zoning Ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building that acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.