The definitions set forth in Chapter
78, Subdivision and Land Development, of the Pine Code shall also apply to this chapter, except when in conflict with the following definitions, which shall specifically apply to this chapter. As used in this chapter, the following terms shall have the meanings indicated:
ACCESS DRIVE
An access drive is intended to provide immediate access to
adjoining uses within the nonresidential areas of the Town Center.
ACCESSORY STRUCTURE
A structure clearly and customarily subordinate to and on
the same lot as the principal building and used exclusively for purposes
constituting an accessory use, including but not to limit the applicability
of the foregoing, private garages, barns, utility sheds, greenhouses
and buildings for housing household pets and excluding signs, antennae,
communications towers, communications facilities, telecommunications
equipment buildings, collocation/shared use communications facilities
and power-mounted/shared use communications facilities.
ACCESSORY USE
A use which is clearly part of, incidental to, subordinate
to, devoted exclusively to and located on the same lot occupied by
the principal use of the land or structures but excluding signs, antennae,
communications towers, communications facilities, telecommunications
equipment buildings, collocation/shared use communications facilities
and power-mounted/shared use communications facilities.
ACTIVE BUILDING ELEVATION
Building facades that include windows, building entrances
and other architectural features that enhance the pedestrian scale
and experience of the building facade.
ADULT BOOKSTORE
An establishment which has a substantial or significant portion
of its stock and trade in, or an establishment which, as one of its
principal business purposes, offers for sale books, films, video cassettes
or magazines and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas and, in conjunction
therewith, has facilities for the presentation of adult entertainment
for observation by patrons.
ADULT; EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of an adult-oriented establishment.
ADULT ENTERTAINMENT
A.
An exhibition of any adult-oriented motion pictures,
meaning those distinguished or characterized by an emphasis on matter
depicting, describing, or relating to specified sexual activities
or specified anatomical areas.
B.
A live performance, display or dance of any
type which has as a significant or substantial portion of the performance
any actual or simulated performance of specified sexual activities
or exhibition and viewing of specified anatomical areas, removal of
articles of clothing or appearing unclothed, pantomiming, modeling
or any other personal services offered customers.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
ADULT; MODEL STUDIO
A.
Any premises on which there is conducted the
business of furnishing models who pose in the nude for the purpose
of being observed or viewed by any person or of being sketched, painted,
drawn, sculptured, photographed or otherwise similarly depicted for
the persons who pay a fee or other consideration or compensation or
a gratuity for the right or opportunity to so depict the figure model
or for admission to or for permission to remain upon the premises;
or any premises where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration or compensation
or gratuity, figure models who pose in the nude to be sketched, painted,
drawn, sculptured, photographed or otherwise similarly depicted.
B.
The words "model studio" do not include:
(1)
Any study which is operated by any state college
or junior college, public school, government-approved school or any
governmental agency where the person, firm, association, partnership
or corporation operating it has met the requirements established by
the Commonwealth of Pennsylvania for the issuance or conferring of
and is in fact authorized thereunder to issue and confer a diploma
or honorary diploma;
(2)
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio referenced in §
84-29 of this chapter; or
(3)
Any studio operated by a tax-exempt, nonprofit
corporation devoted to the development of art and its appreciation.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
ADULT; OPERATOR
A person, partnership or corporation owning, operating, conducting
or maintaining an adult-oriented establishment.
ADULT-ORIENTED ESTABLISHMENT
A.
Includes, without limitation, the following
establishments when operated for profit, whether direct or indirect:
(2)
Adult motion-picture theaters.
(3)
Adult mini-motion-picture theaters.
(4)
ADULT ENTERTAINMENT FACILITYAny 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.
(5)
Adult movie studio, 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, massage parlor, health spa or any other term of like import.
(6)
ADULT CLUBA nightclub, bar, cabaret, theater, or other establishment which features or presents adult entertainment.
B.
The terms "booths," "cubicles," "stalls," "compartments,"
"studios" and "rooms," for purposes of definition in connection with
adult-oriented establishments, do 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
adult entertainment for a fee and which are not open to any persons
other than employees.
ADULT; SEXUAL ACTIVITIES
The term does not include any of the following:
A.
Medical publications or films or bona fide educational
publications or films.
B.
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.
C.
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.
D.
Any publications 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 semi-nudity is indigenous to the populations.
ADULT; SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely, covered:
(1)
Human genitals or pubic region;
(3)
Female breasts below a point immediately above
the top of the areola.
B.
Human male genitals in a discernible turgid
state, even if completely opaquely covered.
ADULT; SPECIFIED SEXUAL ACTIVITIES
The term includes any of the following:
A.
Human genitals in a state of sexual stimulation
or arousal.
B.
Acts of human masturbation, sexual intercourse,
or sodomy.
C.
Fondling or erotic touching of human genitals,
pubic region, buttocks, or female breasts.
AGRICULTURAL USE
Includes all standard agricultural or nursery commonly used
in Allegheny County.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders.
ANIMAL DAY CARE
A facility that cares for pet animals for less than 12 consecutive
hours in the absence of the pet owner or a facility that cares for
pet animals in training with or without the facility owner receiving
compensation for such services.
ANIMAL HOSPITAL
A facility where animals are given medical or surgical treatment
for compensation, and boarding of animals is incidental to such treatment.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Amended 2-2-2015 by Ord.
No. 373]
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
APPLICANT, FORESTRY OR LOGGING
Any property owner, or any individual, partnership, company,
firm, association, or corporation acting on behalf of the property
owner, who applies for the required logging or timber harvesting permit.
APPLICANT, OIL OR GAS
Any person, owner, operator, partnership, company, corporation
and their respective subcontractors and agents, who has an interest
in real estate for the purpose of exploring or drilling for, producing,
or transporting oil or gas (and including the operation of natural
gas compressor stations or natural gas processing plants).
[Added 3-15-2021 by Ord.
No. 393]
AUTOMOTIVE DEALERSHIP, NEW
A business that is principally engaged in the receipt of
new, previously untitled motor vehicles or trailers from their manufacturer
and the resale, lease, or rental of the same directly to the general
public.
AUTOMOTIVE DEALERSHIP, USED
A business that is principally engaged in selling, leasing,
or renting previously titled and owned motor vehicles or trailers.
BASEMENT
A story of a structure underground, having half or more than
half of its clear height below the average grade of the adjoining
ground.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied and operated dwelling originally designed
as a residential structure where limited overnight lodging and a breakfast
are provided for compensation to tourist or recreational guests.
BLOCK
An area bounded by existing or proposed street right-of-way
lines.
BOULEVARD
A boulevard is a collector street which conveys traffic without
generating cross traffic conflicts. The boulevard is intended to provide
for a greater degree of mobility than for land access, and to serve
motorists and pedestrians between local, access, and arterial streets.
BUFFER YARD
A portion of the site intended to provide a visual barrier
and physical protection between adjacent land uses.
BUILDABLE ACRE
The area of a lot remaining after subtraction of the areas
required to be preserved for woodlands, wetlands, and watercourses
and their required buffers, steep slopes, and other natural resources
required to be preserved by the Codes of the Township of Pine.
BUILDABLE AREA
That portion of a lot bounded by the required front and rear
and side yards.
BUILDING
An immobile structure enclosed within exterior walls or firewalls,
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure, or support of individuals, animals
or property of any kind.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the coping of a flat roof or to the deckline of a
mansard roof or to the mean height level between eaves and ridge for
gable, hip and gambrel roofs.
BUILDING LINES
The lines that bound the buildable area of the lot as established
by this chapter beyond which a building shall not extend.
BUILDING MATERIALS
Those materials used in the construction industry, including
but not limited to lumber, masonry, concrete, metal, plaster and paint,
and as defined in the Pennsylvania Uniform Construction Code.
BUILDING PERMIT
A document issued by the Zoning Officer authorizing the construction
or alteration of a building or structure.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILDING SETBACK LINE
The line within a property defining the minimum required
distance between any building to be erected and an adjacent street
right-of-way line.
CAR WASH
Hand or machine washing of automobiles, including steam cleaning
and detailing of vehicles.
CARRIAGE HOME
A single-family dwelling which includes a master bedroom
suite on the first (ground) floor, along with the cooking, eating
and main living areas. Carriage homes may be grouped together and
consist of two to four individual living units, each with its own
entrance, attached by at least one common wall. Each individual unit
shall have an attached garage of sufficient size for two vehicles.
CHANNEL
A natural stream that conveys water or a ditch or open channel
excavated for the flow of water.
CIVIC CLUBS
A nonprofit association of persons who are bona fide members
paying annual dues and which owns, hires or leases a building, or
portion thereof, the use of such building being restricted to members
and their guests.
COLLECTOR STREET
A street which provides access from a local roadway to the
arterial transportation system in the Township. The collector street
provides for equal amounts of mobility and land access. These roadways
generally serve as major circulation routes.
COLLEGE
An institution of higher learning, whether public or private,
which offers postsecondary academic training and which is authorized
by the commonwealth to award baccalaureate or higher degrees.
CO-LOCATION
The mounting of one or more WCFs, including nontower WCF,
on an existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
[Amended 2-2-2015 by Ord.
No. 373]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site designed and intended
for the use and enjoyment of the residents of the development, not
including streets, off-street parking and areas set aside for public
facilities. Common open space shall be substantially free of structures
but may contain such improvements in the development plan as finally
approved and as are appropriate for the recreation of the residents.
Common open space may be publicly dedicated or may be owned by a homeowners'
association consisting of the landowners within a development or may
be owned by a single landowner; provided, however, that in the event
of ownership by a single landowner or homeowners' association, such
parcel or parcels shall be subject to restrictive covenants acceptable
to the Township and sufficient to satisfy its preservation against
further development and to preserve its character.
CONSERVATION EASEMENT
A restriction against use and/or clearing placed against
property by an owner and which is recorded so as to bind future owners
to protect natural, productive, or cultural features. Such conservation
easement may be in favor of a nonprofit conservation organization,
homeowner association, government agency, or other entity or group
empowered to administer the conservation easement.
CONSULTING FORESTER or STATE FORESTER
A person employed as a forester by the Commonwealth of Pennsylvania's
Department of Conservation and Natural Resources, Bureau of Forestry,
or a person listed on said Bureau of Forestry's Register of Consulting
Foresters as being a graduate of a forestry school accredited by the
Society of American Foresters and employed full-time as a private
forestry consultant.
CONTROLLED SUBSTANCE DISPENSATION FACILITY
Any public or private facility that sells, dispenses, distributes,
provides and/or administers any controlled substance, as that term
is defined in the Controlled Substances Act, 21 U.S.C § 802
et seq., as the same may be amended from time to time, including,
but not limited to, methadone or suboxone or similar antioplold, to
any person known or believed by such facility (or to any employee,
agent or individual otherwise connected to such facility) to be physically
or psychologically dependent on the use of such controlled substances,
for the detoxification treatment or maintenance treatment of such
dependency, unless said controlled substance is sold, dispensed, distributed,
provided and/or administered for the cure or treatment of an illness,
malady or disease other than controlled substance dependency. Such
facilities include but are not limited to any facility licensed by
the Pennsylvania Department of Health for such operations.
[Added 3-15-2021 by Ord.
No. 393]
COVERAGE, BUILDING
The percentage of a lot area occupied by the ground area
of principal and accessory buildings on such lot, excluding the area
occupied by a solar collector.
COVERAGE, LOT
The percentage of a lot area occupied by the ground area
of principal or accessory buildings, driveways, swimming pools, decks
and other impermeable materials on such lot.
DAM
Any artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or a structure
for highway, railroad, or other purposes, which may impound water.
DAY-CARE CENTER
A place other than an occupied residence providing or designed
to provide day care to persons of any age in structures compliant
with the building and life safety codes of the Township.
DESIGN STORM
The magnitude of precipitation from a storm event measured
in probability of frequency of occurrence (e.g., fifty-year storm)
and duration (e.g., 24 hours) and used in computing stormwater management
control systems.
DERRICK
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil or gas.
[Added 3-15-2021 by Ord.
No. 393]
DETENTION
The slowing, dampening or attenuating of runoff flows entering
the natural drainage pattern or storm drainage system by temporarily
holding water on a surface area, such as detention basins, reservoirs,
on rooftops, in streets, parking lots or within the drainage system
itself, and releasing the water at a desired rate of discharge.
DEVELOPER
Any landowner, agent of such landowner, tenant or any other
person or legal entity of any kind who makes or causes to be made,
or takes any planning action to make, a subdivision of land or a land
development of any kind.
DEVELOPMENT PLAN
The provisions for development of a previously undeveloped
or further development of previously developed land, including a plat
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, ways and parking lots or garages, common open space and public
facilities. The phrase "provisions of the development plan," when
used in this chapter, shall mean written and graphic materials referred
to in this definition.
DIAMETER AT BREAST HEIGHT (DBH)
A standard method for the measurement of trees wherein the
diameter of a tree is measured at approximately four feet above its
ground level.
DISCHARGE
Rate of flow, specifically fluid flow; a volume of fluid
flowing from a conduit or channel, or being released from detention
storage, per unit of time; commonly expressed as cubic feet per second
(cfs), million gallons per day (mgd), gallons per minute (gpm) or
cubic meters per second (cms).
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of wireless communications facilities that distributes RF signals from transceivers at a central hub to a specific service area with poor coverage or inadequate capacity. As typically configured, a DAS network consists of a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. Only qualified "neutral-host" DAS networks that can support multiple providers simultaneously shall be considered public utilities if owned and/or operated by an entity granted public utility status (i.e., entities granted certificates of convenience as competitive access providers). DAS networks that support only a single wireless service provider shall be governed by §
84-42 ("Wireless communications facilities"), as amended.
[Added 2-2-2015 by Ord.
No. 373; amended 3-15-2021 by Ord. No. 393]
DOMESTIC PETS
Animals or birds customarily found in a dwelling and kept
for company or pleasure, including dogs or cats, provided that there
is not a sufficient number to constitute a kennel, as defined herein;
hamsters; gerbils; parakeets; canaries; and similar small animals
or birds, but not including any exotic animals such as lions, tigers,
ocelots or other feral cats, monkeys, bears, alligators, large or
poisonous snakes and similar animals normally kept in a zoo.
DRAINAGE
The interception and removal of excess surface water or groundwater
from any land by artificial or natural means.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
DRILLING PAD
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
[Added 3-15-2021 by Ord.
No. 393]
DRIVE-IN THEATER
An open lot upon which motion pictures are shown to the public
on an outdoor screen, excluding any other accessory use.
DRIVE-THROUGH
A portion of a structure otherwise permitted by this chapter
that by physical design and location encourages or permits customers
to receive a service or obtain a product while remaining in a motor
vehicle.
DWELLING
Any building or structure, or part thereof, used and occupied
for human habitation, or intended to be so used, and includes any
appurtenances belonging thereto.
A.
SINGLE-FAMILY DWELLING, DETACHEDA dwelling designed for and occupied by not more than one family and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.
B.
SINGLE-FAMILY DWELLING, ATTACHEDTwo or more adjoining dwelling units each on their own lot, each of which is separated from the others by one or more unpierced walls extending from ground to roof.
C.
GARDEN APARTMENTA multi-dwelling-unit building not exceeding three stories or 35 feet in height, whichever is less.
DWELLING UNIT
One room, or a group of rooms joined to each other, located
in a dwelling, designed and maintained as a unified living quarter,
occupied by a family, containing integrated facilities used for living,
sleeping, cooking, eating and sanitation. Dwelling units must contain
at least one room with a minimum area of 150 square feet, with a minimum
horizontal dimension of 10 feet.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land and within which the owner of the property shall not
erect any permanent structures but shall have the right to make any
other use of the land which is not inconsistent with the rights of
the grantee.
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
[Added 2-2-2015 by Ord.
No. 373]
ENGINEER
A currently licensed professional engineer registered by
the Commonwealth of Pennsylvania.
ENTERTAINER
A person who provides entertainment within an adult-oriented
establishment, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or an
independent contractor.
ENTERTAINMENT FACILITY
Any commercial activity conducted for gain which is generally
related to the entertainment field, including but not limited to bowling
alleys, roller-skating rinks, miniature golf, golf driving ranges,
commercial swimming pools and carnivals, but not including indoor
theaters, drive-in theaters, massage parlors, model studios or places
in which pornographic materials are displayed, sold or distributed
or in which lewd or obscene activity is conducted.
EROSION
The wearing away of the land surface by running water, wind,
ice or other geological agents, including such process as gravitational
creep.
ESSENTIAL FACILITIES
The erection, construction, alteration or maintenance by
public utilities (as public utilities are specifically defined in
Pennsylvania's Public Utility Code, 66 Pa.C.S.A. § 102)
or municipal or other governmental agencies of underground or overhead
sewage, gas, electrical, telephone, cable television, steam or water
transmission or distribution systems, collection, communication, supply
or disposal systems, including poles, wires, mains, drains, sewers,
pipes, conduit cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, gas regulators and measuring devices, including
structures in which they are housed and equipment and accessories
in connection therewith which are reasonably necessary for the furnishing
of adequate service by such public utilities (as public utilities
are specifically defined in Pennsylvania Public Utility Code, 66 Pa.C.S.A.
§ 102) or municipal or other governmental agencies and for
the public health and safety or general welfare, but not including
offices or maintenance depots.
FACILITY
A structure necessary to a particular use.
FAMILY
A.
One person occupying one dwelling unit;
B.
Two or more persons related by blood, marriage
or adoption and foster children occupying one dwelling unit, living
and cooking together as a single, nonprofit and nontransient housekeeping
unit, including any person employed to work exclusively on the premises;
or
C.
Not more than four unrelated individual persons
occupying one dwelling unit, living and cooking together as a single,
nonprofit and nontransient housekeeping unit, including individuals
who require special care or supervision and those working in a dwelling
unit to provide such care or supervision.
D.
"Family" shall not include clubs, fraternities,
boarding- or rooming houses or any groups not specifically defined
above.
FARM MARKET
A structure or area, on property used for agricultural purposes,
to sell products grown on the premises.
FCC
Federal Communications Commission.
[Added 2-2-2015 by Ord.
No. 373]
FENCE
Any freestanding barrier, including a wall, which is designed
to confine, restrict, enclose, delineate, or shield from view a particular
lot, yard or area.
FENCE, BOUNDARY
A fence, including a wall, which is used to designate, establish
or set off the border line of a lot. A boundary fence shall not constitute
a "structure" only insofar as is necessary to exempt it from the general
front, rear, and side yard setback regulations of the zoning district
in which the boundary fence is located. Boundary fences shall be subject
to the specifications for the same contained in this chapter.
FLOODPLAIN
A normally dry land area adjacent to stream channels that
is susceptible to being inundated by over-bank stream flows. For regulatory
purposes, the Pennsylvania Floodplain Management Act (Act of October
4, 1978, P.L. 851, No. 166) and regulations pursuant to the Act define the "floodplain"
as the area inundated by a one-hundred-year flood and delineated on
a map by FEMA (Federal Emergency Management Agency).
FLOOR AREA
The gross surface area of each floor for the use or activity
in question.
FORESTRY
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 any land development.
[Amended 7-17-2023 by Ord. No. 400]
FOWL
Includes chickens, ducks, pigeons, pheasants, turkeys, guinea
hens and all other birds, whether raised for profit or not.
FRACKING
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
[Added 3-15-2021 by Ord.
No. 393]
FREESTANDING SELF-STORAGE UNIT
An enclosed area or structure used for the storage of items
not belonging to the owner of the land on which such enclosed area
or structure is located, in exchange for rent paid for the use of
said enclosed area or structure.
FRINGE LOTS
Residential lots that are located at the perimeter of a planned
residential development (PRD) where property lines are adjacent to
other land uses.
GARAGE OR LOT, COMMERCIAL OR PUBLIC
A building or portion thereof, other than a residential garage,
designed or used for equipping, servicing, repairing, parking, hiring,
selling or storing motor-driven vehicles.
GARAGE, RESIDENTIAL
An accessory structure to a residential use or a portion
of a residential structure that is designed or used for the storage
of motor-driven vehicles owned and used for noncommercial purposes
by the occupants of the building to which it is accessory.
GARDEN APARTMENT
A multi-dwelling-unit building not exceeding three stories
or 35 feet in height, which ever is less.
GREENWAY
For the purpose of this chapter, a greenway shall be defined
as a strip of land adjacent to Route 19 that is to remain wooded or
be landscaped.
GOVERNING BODY
The Board of Supervisors of the Township of Pine or its successor
legislative body, if any.
GROUP CARE FACILITY
A.
A facility which provides room and board and
specialized services for:
(1)
More than eight residents who are mentally or
physically handicapped;
(2)
Any number of permanent residents who are dependent
and/or delinquent children under the age of 18 adjudicated by the
court system;
(3)
Mentally disturbed persons of any age; or
(4)
Persons assigned by a court of law or public
or semipublic agency on a short-term basis for supervision, care and
counseling for a specified period of time, including alcoholic recovery,
shelters for battered persons and their children, community reentry
services following incarceration and other such transitional and/or
supervised short-term assignments.
B.
Staff shall be qualified by the sponsoring agency,
who may or may not reside at the facility, and who provide health,
social and/or rehabilitative services to the residents. The services
shall be provided only by a governmental agency, its licensed or certified
agents or any other responsible nonprofit social services corporation,
and the facility shall meet all minimum requirements of the sponsoring
agency.
GROUP HOME
A dwelling unit where room and board is provided to not more
than eight permanent residents who are mentally or physically handicapped
persons of any age, who are in need of supervision and specialized
services, and no more than two caretakers on any shift, who may or
may not reside in the dwelling and who provide health, social and/or
rehabilitative services to the residents. The service shall be provided
only by a governmental agency, its licensed or certified agents or
any other responsible nonprofit social services corporation, and the
facility shall meet all minimum requirements of the sponsoring agency.
A "group home" shall be considered a single-family dwelling and shall
be authorized wherever single-family dwellings are authorized.
HARVEST AREA
The location on the site where timber harvesting occurs.
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
nontower WCF mounted on the tower and any other appurtenances.
[Added 2-2-2015 by Ord.
No. 373]
HELICOPTER
Any rotorcraft, other than a model or radio-controlled rotorcraft
that for its horizontal motion, depends principally on its engine-driven
rotor.
HELIPORT
Any area of land, water or structure which is used or intended
to be used for the landing and takeoff of helicopters and any appurtenant
areas which are used for heliport buildings or helicopter facilities
or rights-of-way, together with all heliport buildings and facilities
thereon.
HIGHWAY, MAJOR
A street of substantial continuity and used primarily as
a traffic artery for intercommunication among large areas.
HOSPITAL
A duly licensed institution providing medical or surgical
care and treatment for the sick and injured.
HOTEL
See "motel or hotel."
HYDRAULICS
A.
The branch of science concerned with the mechanics
of fluids, especially liquids.
B.
As applied in stormwater management, the study
of the characteristics of water flow in, and conveyance capacity of,
a watercourse, considering such factors as depth, velocity, and turbulence.
HYDROLOGY
The science dealing with the waters of the earth and their
distribution and circulation through the atmosphere. Engineering hydrology
deals with the application of hydrologic concepts to the design of
projects for use and control of water.
IMMINENT AND ORDERLY DEVELOPMENT
Development which is reasonably expected to commence based
on approved plans and permits within 30 days of the clearing and grubbing
of the site, said construction to be undertaken on a minimum regular
work schedule of eight hours per day, 40 hours per week.
INDOOR THEATER
An enclosed building or movie house where motion pictures
or live performances are shown to the public, excluding drive-in theaters
or any other accessory use.
INSPECTOR
An employee of the Allegheny County Health Department authorized
and designated by the Director of such Department; the Township of
Pine's Manager, Assistant Manager, Solicitor, Director of Code Administration
and Land Development and/or Code Enforcement Officer; an employee
of the Pine-Marshall-Bradfordwoods Joint Police Force authorized by
the commanding officer of such police force; or other persons designated
by the Board of Supervisors of the Township of Pine to inspect premises
regulated under this chapter, to cooperate in taking the required
actions authorized by this chapter where violations are found on a
premises and to request correction of unsatisfactory conditions found
on a premises.
JUNK VEHICLE
Any vehicle meeting the definition of abandoned or junked motor vehicle of Chapter
134 of the Township Code.
JUNKYARD
Any lot where waste or discarded materials are stored, processed
or sold.
KENNEL
Any dwelling, building, structure, lot, land, or establishment
not otherwise meeting this section's definition of "indoor kennel"
and where more than four dogs, four cats, or four other domesticated
animals typically kept as pets (or any combination thereof exceeding
a total of four such animals) of six months in age or older are kept,
bred, trained, or boarded (whether or not for profit).
[Amended 3-16-2009 by Ord. No. 348]
KENNEL, INDOOR
Any dwelling, building, structure or establishment where
more than four dogs, four cats or four other domesticated animals
typically kept as pets (or any combination thereof exceeding a total
of four such animals) of six months in age or older are kept, bred,
trained, or boarded (whether or not for profit) exclusively within
an enclosed dwelling, building, or structure. An indoor kennel shall
not be construed to be within the definition of "kennel" otherwise
contained in this section.
[Added 3-16-2009 by Ord. No. 348]
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
(2)
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
LAND DEVELOPMENT PLAN
The graphic and written presentation conforming to the requirements of Article
IV of Chapter
78 of the Township of Pine Code, specifically delineating the proposed development of a site.
LANDING AREA (FORESTRY OR LOGGING)
A designated location on land where the harvested timber,
including logs, pulpwood, or firewood, is assembled for transportation
off-site to processing facilities.
LANDING AREA (HELIPORT)
Any area used, or intended to be used, for the landing, taking
off or surface maneuvering of aircraft.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land. The signature
of any single landowner holding land in joint tenancy shall be considered
as binding upon the others.
LIFE CARE COMMUNITY
A corporation or association or other business entity that,
in exchange for the payment of entrance and monthly fees, provides:
A.
Residential accommodations meeting the minimum
standards for residents set forth by law and ordinances and providing
a design to meet the physical, social and psychological needs of older
people;
B.
Medical and nursing care covering, under ordinary
circumstances, the balance of a resident's life;
C.
Prepaid medical consultation opportunities through
independent professionals selected by the organization or through
some equivalent arrangement; or
D.
Financial self-sufficiency, not dependent on
outside support to any significant degree, with entrance and monthly
fees adjusting to meet changing costs.
LIGHT MANUFACTURING, RESEARCH AND TESTING
Any manufacturing or industrial processing which, by the
nature of the materials, equipment and process utilized, is predominantly
clean, quiet and free of any objectionable or hazardous element and
which is not objectionable by reason of odor, noise, vibration, cinders,
gas, fumes, dust, smoke, refuse matter or water-carried waste.
LOADING SPACE
A space within the main building or on the same lot therewith
providing for the standing, loading or unloading of trucks and having
minimum dimensions of 12 feet by 50 feet and a vertical clearance
of 14 feet.
LOCAL STREET
A local street is intended to provide immediate access to
adjoining properties and land uses. Local roads are intended to provide
transportation access within a particular neighborhood or to provide
access to an arterial, collector, or access drive.
LOGGING OPERATOR
Any individual, partnership, company, firm, association,
or corporation engaged in logging or timber harvesting, including
agents, subcontractors, and employees thereof.
LOGGING OR TIMBER HARVESTING
The practice or operation of felling trees, cutting them
into logs and selling them, or transporting the logs to sawmills or
to market, or milling or otherwise processing them on-site for transportation
off-site or resale. Such practices or operations are a permitted use
in all zoning districts.
LOP
The process of cutting the tops of trees and slash into smaller
pieces to allow the material to settle close to the ground.
LOT
A designated or engineered parcel, tract, or area of land,
established by a plat or otherwise as permitted by law, and to be
used, conveyed, sold, developed or built upon as a unit.
LOT AREA
The area of a lot on which a building and its accessories
are located, provided that the area shall be measured to the street
right-of-way line only, and not including any part of an alley or
areaway used in common with the owner or occupier of other lots.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF
The average distance to the rear lot line from the front
lot line or the street right-of-way line, whichever is lesser.
LOT, FRONTAGE
The unbroken length of the front lot line, measured at the
right-of-way line, which is contiguous to a public street or private
road.
LOT, WIDTH OF
The horizontal distance between side lot lines at the building
setback line.
MEDICAL CLINIC
A structure or portion of a structure used by physicians,
surgeons, dentist, chiropractor, optometrist, psychologist, psychiatrist,
or similar professional. Medical clinic shall not include a structure
or portion of a structure used by an alcohol rehabilitation clinic,
methadone treatment facility, or veterinarian.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, registered by the Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter
19 of the Medical Marijuana Act.
[Added 3-15-2021 by Ord.
No. 393]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, registered by the Department of Health under the Medical Marijuana Act to grow and/or process medical marijuana. The term does not include a health care medical marijuana organization under Chapter
19 of the Medical Marijuana Act.
[Added 3-15-2021 by Ord.
No. 393]
METHADONE TREATMENT FACILITY
A facility licensed by the Department of Health to use the
drug methadone in the treatment, maintenance, or detoxification of
persons.
MICRO-WIRELESS COMMUNICATIONS FACILITY
A wireless communication facility (WCF), including those
deployed aerially between utility poles or similar fixtures, and having
dimensions no greater than 24 inches in length, 15 inches in width,
and 12 inches in height, and an exterior antenna of no greater than
11 inches in length.
[Added 3-15-2021 by Ord.
No. 393]
MINIMUM FUNCTIONAL HEIGHT
The minimum height necessary for wireless communications
facility (WCF) to fill a gap in coverage.
[Added 3-15-2021 by Ord.
No. 393]
MINOR
A person under 18 years of age.
MIXED-USE
A development or redevelopment of a structure or group of
structures for the purpose of allowing a mix of uses that are permitted
within the zoning district of the same structure or group of structures.
MOBILE FOOD VENDOR
A food establishment preparing and/or serving foods from
a self-contained vehicle, either motorized or within a trailer, on
public or private property and that is readily movable, without disassembling,
for transport to another location.
[Added 3-15-2021 by Ord.
No. 393]
MOBILE HOME
A transportable, single-family dwelling which may be towed
on its own running gear and which shall be affixed to real estate
used for residential purposes and constructed with the same, or similar,
electrical, plumbing and sanitary facilities as immobile housing.
MOBILE HOME LOT
A designated portion of a mobile home park parcel of land,
planned and improved for the placement of one mobile home in nontransient
use, with the utility connections, patio and other appurtenances necessary
for occupants and required by law and this chapter.
MOBILE HOME PARK
A parcel of land under single ownership containing two or
more mobile home lots in which each such lot has been planned and
improved for the placement of one mobile home for nontransient use.
MOBILE HOME PARK PERMIT
Written approval, in whatever form, as issued by the Allegheny
Health Department and the Township of Pine, authorizing a person to
operate and maintain a mobile home park.
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
nontower WCF and connecting appurtenances.
[Added 2-2-2015 by Ord.
No. 373]
MORTUARY
A building which is operated by a duly licensed mortician
and which is exclusively used for the preparation of dead bodies for
burial or cremation.
MOTEL OR HOTEL
A building or group of buildings consisting of two or more
living or sleeping quarters used independently of each other and used
principally for commercial overnight accommodations.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended December 21, 1988, P.L.
1329, No. 170, and as thereafter amended.
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from a gas well or collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural gas processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, pipes, valves, tanks and other equipment.
[Added 3-15-2021 by Ord.
No. 393]
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, but not including facilities or equipment designed and constructed
primarily to remove water, water vapor, oil or naturally occurring
liquids from natural gas.
[Added 3-15-2021 by Ord.
No. 393]
NATURE PRESERVE
A parcel of land devoted exclusively for the preservation
of existing natural resources and natural animal habitats.
NIGHTCLUB
An establishment primarily for evening, late-night to early
morning entertainment, that typically serves food and/or alcoholic
beverages, and may provide either live or prerecorded music or video,
comedy acts, floor shows, with or without the opportunity for dancing.
A nightclub may not include any aspects of adult entertainment or
an adult-oriented establishment, as either are elsewhere defined and
regulated in this chapter.
[Added 11-16-2009 by Ord. No. 352]
NO-IMPACT HOME-BASED BUSINESS
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:
A.
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other
than family members residing in the dwelling.
C.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment
or process, which creates noise, vibration, glare, fumes, odors, or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
G.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
H.
The business may not involve any illegal activity.
NONCONFORMING STRUCTURE
Any structure or part of a structure legally existing at
the time of the enactment of this chapter or any of its amendments
which does not conform to the provisions of this chapter.
NONCONFORMING USE
Any use or arrangement of land or structure legally existing
at the time of enactment of this chapter or any of its amendments
which does not conform to the provisions of this chapter.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
All nontower wireless communications facilities, including,
but not limited to, nontower WCF and related equipment. Nontower WCF
shall not include support structures for nontower WCF or any related
equipment that is mounted to the ground or at ground-level.
[Added 2-2-2015 by Ord.
No. 373]
NURSERY
An area where trees, shrubs, or plants are grown for transplanting,
for use as stocks for budding or grafting, or for sale.
NURSING HOME
A building or buildings specially equipped for and licensed
by the state for the care of the sick or aged, including a life care
community.
OCCUPANCY PERMIT
The document issued by the Zoning Officer authorizing the
use of the land or the occupancy of a structure.
OFFICES
A use, which is devoted exclusively to businesses or professional
services, excluding industrial activities. An office use may include
a manager's office and living space within the building containing
the office(s), if such office and living space is used by an individual
or family to manage or maintain multiple office areas. Employees without
management or maintenance responsibilities and/or cleaning or custodial
personnel shall not be eligible for the use of a manager's office
and living space area(s).
[Amended 11-16-2009 by Ord. No. 352]
OIL and GAS
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
[Added 3-15-2021 by Ord.
No. 393]
OIL AND GAS DEVELOPMENT
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration associated with an oil
or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil and gas pipelines and associated equipment and other
equipment and activities associated with the exploration for, production,
gathering, and transportation of oil and gas. This definition includes
exploratory and storage wells, but does not include natural gas compressor
stations and natural gas processing plants or facilities performing
the equivalent functions.
[Added 3-15-2021 by Ord.
No. 393]
OIL OR GAS WELL
A 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.
[Added 3-15-2021 by Ord.
No. 393]
OIL OR GAS WELL SITE
A location at which oil and gas development occurs and including
a location where facilities, structures, materials and equipment,
whether temporary or permanent, necessary for or incidental to the
preparation, construction, drilling, production or operation of an
oil or gas well are to be utilized. This definition also includes
exploratory and storage wells.
[Added 3-15-2021 by Ord.
No. 393]
OPERATOR
The person or entity designated as the oil or gas well operator
on the permit application or well registration for an oil and gas
development or a natural gas compressor station or a natural gas processing
plant.
[Added 3-15-2021 by Ord.
No. 393]
OUTDOOR ADVERTISING SIGN
Any writing, printing, painting, display, surface, fabric,
emblem, drawing, electronic display, computerized display or other
device designed to convey information visually, be viewed by the public
and intended to convey a message unrelated to the premises where such
sign is located or to advertise products or services other than those
which are sold or otherwise made available on the premises where the
sign is located; and including the structure supporting such sign.
OUTDOOR FIREPLACE
Outdoor fireplaces are site constructed, stationary and permanent
in nature, solid-fuel or natural gas burning, and may be constructed
of stone, brick, concrete, clay, or other noncombustible material.
An outdoor fireplace will typically have a hearth, firebox, and chimney
or stack.
[Added 3-15-2021 by Ord.
No. 393]
OWNER
A person or entity, who owns, manages, leases, operates,
controls or possesses an oil or gas well or a natural gas compressor
station or a natural gas processing plant.
[Added 3-15-2021 by Ord.
No. 393]
PARK AND RIDE FACILITY
A facility designed for patrons to park their private vehicle
and transfer to other private or public transportation.
PATIO HOME
A single-family dwelling, which includes a master bedroom
suite on the first (ground) floor, along with the cooking, eating,
and living areas. Patio homes shall have an attached garage of sufficient
size for two vehicles.
PENNSYLVANIA UNIFORM CONSTRUCTION CODE
The Uniform Construction Code applying to the construction,
alteration, repair, movement, equipment, removal, demolition, location,
maintenance, occupancy or change of occupancy of every building or
structure which occurs on or after April 9, 2004, and all existing
structures that are not legally occupied, including, but not limited
to: The provisions of Chapters 2-29 and 31-35 of the International
Building Code, the ICC Electrical Code, the International Mechanical
Code, the International Fuel Gas Code, the International Plumbing
Code, the International Residential Code, the International Fire Code,
the International Energy Conservation Code, Sections AE501-AE503 and
AE601-AE605 of Appendix E of the International Residential Code, the
International Existing Building Code, the International Urban-Wildland
Interface Code, Appendix E of the International Building Code, Appendix
H of the International Building Code and Appendix G of the International
Residential Code.
PERENNIAL STREAMS
Blue-lined streams as designated on the United States Geological
Survey (USGS) mapping, and further defined as a nonintermittent flow
of water that supports or is capable of supporting year-round aquatic
fauna.
PERMITTEE
Any property owner, or individual, partnership, company,
firm, association, or corporation representing a property owner.
PINE CODE
The Code of the Township of Pine, which constitutes a codification
of the complete body of the ordinances of the Township, as such is
amended from time to time.
PLACES OF WORSHIP
A semipublic use, including any of the following: church,
manse, rectory, convent, synagogue, parish, school or similar building
incidental to the particular use; but this term does not include business
offices, except administrative offices incidental to the operation
of the particular use, rescue missions or the occasional use for religious
purposes of properties not regularly so used.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by the landowner to be developed as a single entity for a number of dwelling units, the development plan for which does not comply with the required size of lots, bulk or type of buildings, density, building or lot coverage or open space regulations established in any one residential district created under the provisions of this Chapter
84, Zoning, as amended from time to time.
PLAT
The map or plan of a subdivision or a land development, whether
preliminary or final.
POINT OF INTEREST
A point of hydrologic and hydraulic importance used for computing
a release-rate percentage. These may include points of stream confluences,
an existing obstruction or problem area or other similar points.
POLE-MOUNTED/SHARED USE COMMUNICATIONS FACILITY
Any antenna used for the transmission or reception of any
radio wave or radio signal, which is to be mounted upon a preexisting
steel or metal electrical transmission tower owned or operated by
a public utility.
PREAPPLICATION
A submittal prior to application for preliminary plan and
final plan approvals for all planned residential developments and
for subdivisions and land developments greater than 10 acres in size,
requiring resource inventory mapping and a sketch plan.
PROPERTY OWNER or LANDOWNER (FORESTRY OR LOGGING)
Any individual, partnership, company, firm, association,
or corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or on any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
the logging or timber harvesting.
PUBLIC AND SEMIPUBLIC USES
Uses operated by the public or semipublic body such as schools,
public libraries, public safety buildings, museums, public meeting
halls and community centers. This definition shall not include hospitals
and continuing care facilities.
PUBLIC UTILITY
A business or service which is engaged in regularly supplying
the public with some commodity or service which is of public consequence
and need, as such is specifically defined within Pennsylvania's Public
Utility Code, 66 Pa.C.S.A. § 102.
REASONABLE TIME
The phrase "a reasonable time," when referencing seeding
of disturbed areas, shall be interpreted to be within 14 days after
grading activities are completed, unless those activities are completed
between November 1 and April 1. In such case, the required sodding
or seeding shall occur within 14 days of April 1.
RECREATION AREA, ACTIVE
Any area required by a provision or provisions of the applicable
development requirements, which includes recreational land, and recreational
facilities, and amenities associated therewith.
RECREATION AREA, PASSIVE
Any area required by a provision or provisions of the applicable
development requirements, which does not necessarily contain active
recreation facilities.
RECREATION FACILITIES
Land and structures which are privately or commonly owned
and which are devoted to outdoor recreational or athletic purposes,
including active recreation areas within developments, country clubs
and golf courses, none of which use artificial lighting to extend
play of golf or other recreational activity after daylight hours.
Recreational facilities also include riding stables and other private
noncommercial outdoor recreation areas and facilities or recreation
centers, including but not limited to community or club swimming pools,
tennis courts and ballparks, but excluding entertainment facilities
as hereinbefore defined.
RECREATIONAL VEHICLE
A vehicle or attachment to a vehicle which is designed for
human habitation only under transient circumstances, such as camping,
traveling or other leisure-time activities, or any other recreational
equipment, such as a boat and its trailer.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or nontower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 2-2-2015 by Ord.
No. 373]
RELEASE RATE
The release-rate percentage defines the percentage of the
predevelopment peak rate of runoff that can be discharged from an
outfall on the site after development. It applies uniformly to all
land developments or alterations within a subarea, and the post-development
rate of runoff discharging from each outfall of the development site
cannot exceed the release-rate percentage for the subarea in which
it is located.
RESIDENTIAL FLOOR AREA
The interior floor area of a dwelling unit, including stairways,
halls and closets, but not including basements, porches, carports,
or garages.
RESOURCE INVENTORY
An inventory of existing natural features of the site, submitted on a scaled drawing, that illustrates slopes; woodlands and other existing vegetative cover; streams, ponds and other watercourses; wetlands; and other significant historical and cultural features of the site. The Resource Inventory shall include the requirements set forth in the development and design standards of Chapter
78.
RESTAURANT
An establishment where food is prepared and available to
the general public, for a determined compensation, primarily for consumption
within a structure on the premises and where the consumption of food
in motor vehicles on the premises is neither encouraged nor permitted.
RESTAURANT, DRIVE-THROUGH
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
RETAIL SALES AND SERVICE
The sale, provision of service or on-premises incidental
production or assembly of general merchandise to the general public
for direct use or consumption, but not including the sale to another
business for resale purposes.
RIGHT-OF-WAY
The shortest total width between lines delineating any land
reserved or dedicated as a street, crosswalk or for other public purposes.
SCHOOL
Any public, private or parochial place of instruction, not
including institutions of higher learning, having regular sessions,
with regularly employed instructors, which teaches those academic
subjects that are fundamental and essential in general education and
which provide pre-primary and/or kindergarten through 12th grade,
or a vocational school, all meeting the requirements of the Department
of Education of the Commonwealth of Pennsylvania, but excluding any
privately operated school of trades, vocations, avocations or business.
SEDIMENT BASIN
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt, or other material.
SINGLE-FAMILY, ATTACHED DWELLING
Two or more adjoining dwelling units each on their own lot,
each of which is separated from the others by one or more unpierced
walls extending from ground to roof.
SINGLE-FAMILY, DETACHED DWELLING
A dwelling designed for and occupied by not more than one
family and surrounded by open space or yards and having no roof, wall
or floor in common with any other dwelling unit.
SITE PLAN (FORESTRY OR LOGGING)
A graphic and narrative depiction of the land and practices
involved in a logging or timber-harvesting operation and including
all information required by this chapter.
SKIDDING
The process of dragging trees on the ground, by any means
necessary, from the harvest area to the landing area.
SKID TRAIL
The trail, path, temporary roadway, or any other unencumbered
route, utilized by the logging operator to move felled trees from
the harvest area to the landing area.
SLASH
The woody debris left on the land after timber harvesting,
including logs, chunks, bark, branches, uprooted stumps, and broken
or uprooted trees or shrubs.
SLOPE
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
SLOPE, STEEP
Any land area with a grade that exceeds four horizontal to
one vertical or 25%.
SMALL WIRELESS COMMUNICATIONS FACILITY (SWCF)
A.
A wireless communications facility, including micro-wireless
communications facilities, commonly used for the deployment of the
next generation of wireless service, including 5G that meets the following
conditions:
[Added 3-15-2021 by Ord.
No. 393]
(1)
The structure on which antenna facilities are mounted:
(a)
Is 50 feet or less in height; or
(b)
Is no more than 10% taller than other adjacent structures; or
(c)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the collocation
of new antenna facilities; and
(2)
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
(3)
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
(4)
The facility does not require antenna structure registration
under FCC regulations; and
(5)
The facility is not located on Tribal lands, as defined under
36 CFR 800.16(x); and
(6)
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
the FCC.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
nontower WCF and other facilities which render them more visually
appealing or blend the proposed facility into existing structure or
visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted nontower WCF, building-mounted
nontower WCF painted to match the existing structure and facilities
constructed to resemble trees, shrubs and light poles. The Township
administration is authorized to publish objective standards for stealth
technology to ensure that the established character of the Township
is maintained.
[Added 2-2-2015 by Ord.
No. 373; amended 3-15-2021 by Ord. No. 393]
STORAGE WELL
A well used for and in connection with the underground storage
of natural gas, including injection into or withdrawal from an underground
storage reservoir for monitoring or observation of reservoir pressure.
[Added 3-15-2021 by Ord.
No. 393]
STORM SEWER
A sewer that carries intercepted surface runoff, street water
and other wash waters or drainage, but excludes domestic sewage and
industrial wastes.
STORY
That 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.
STREET
A strip of land, public or private, including the entire
right-of-way, not limited to the roadway, intended for general use
as a means of vehicular and pedestrian circulation to provide access
to more than one lot. "Street" is synonymous with the words "avenue,"
"road," "highway," "drive," "lane" and other similar words.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, including, but without limiting
the generality of the foregoing, advertising signs, outdoor advertising
signs, swimming pools, backstops for tennis courts and pergolas; provided,
however, that a boundary fence (as defined in this chapter) shall
not constitute a "structure" only insofar as is necessary to exempt
it from the general front, rear, and side yard setback regulations
of the zoning district in which the boundary fence is located.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE[Added 2-2-2015 by Ord. No. 373]
A.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing nontower WCF; or
B.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
SWIMMING POOL
A man-made enclosure, designed to impound water for the purpose
of creating depth of water suitable for swimming, or other types of
water recreation or therapy, including but not limited to water slides,
lap pools, whirlpools, soaking tubs, or hot tubs.
TOP
The upper portions of a felled tree that is unmarketable
because of small size, taper, or defect.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more nontower WCF, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 2-2-2015 by Ord.
No. 373]
TOWNSHIP
The municipal government or the land within the geographical
boundaries of the Township of Pine, Allegheny County, Pennsylvania,
depending upon context.
TOWNSHIP ENGINEER
The official Township Engineer or engineering consultant
of the Township.
TRADE SCHOOL
Any school having regular sessions with regularly employed
instructors which, as a principal activity, provides training in a
trade or vocation and which also provides instruction in those subjects
that are fundamental and essential to elementary or secondary education,
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body or a corporation meeting
the same requirements of the commonwealth.
TREE OF SIGNIFICANCE
Any tree or a group of trees with a minimum twelve-inch diameter
at breast height (DBH).
VEHICLE REPAIR STATION
A structure used for the repair, collision repair, painting,
rebuilding or reconditioning of motor vehicles or parts thereof, including,
but not limited to automobiles, boats, recreational vehicles, and
motorcycles.
VEHICLE SALES
Any building, land area or other premises used for the display
or sale of new or used automobiles, motorcycles, trucks, trailers,
all terrain vehicles, boats, or similar vehicle, but not including
any repair work other than warranty and other repair service conducted
as an accessory use within structures approved for such activity on
the premises. A permanent sales office building shall be located on
the same lot as the vehicle sales. Vehicle sales shall not include
new or used automotive dealerships.
VEHICLE SALVAGE
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete, or wrecked vehicles or their parts.
VEHICLE SERVICE STATION
Any building, land area or other premises, or portion thereof,
used or intended to be used for any one or a combination of the following
activities:
A.
Retail dispensing or sales of automobile fuels.
B.
Retail dispensing or sales of automobile lubricants,
including oil changing and chassis lubrication where substantial disassembly
is not required.
C.
Retail dispensing or sales of automobile coolants.
D.
Hand or machine washing in a single bay auto
wash.
E.
Incidental repair or replacement of parts, such
as windshield wiper blades, lights bulbs, air filters, oil filters,
batteries, belts, tires, fuses and the like.
F.
Vehicle wrecking, vehicle repair, muffler/exhaust
systems, parking or storing of vehicles for hire, and the operation
of more than one towing vehicle shall not be deemed permissible accessory
uses of a vehicle service station.
WAREHOUSE
A structure used for the acceptance of bulk deliveries, storage
of the delivered items, and/or redistribution of delivered items.
WAREHOUSE SALES
The acceptance of bulk deliveries, storage of the delivered
items, and/or redistribution of delivered items. The operations described
herein shall include both those conducted as a wholesale business
or as a retail business.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et. seq.)
[Added 2-2-2015 by Ord.
No. 373]
WETLANDS
In accordance with the definitions/regulations established
by the United States Army Corps of Engineers and the United States
Environmental Protection Agency, areas that are inundated or saturated
by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturate soil conditions,
including swamps, marshes, bogs and similar areas.
WINERIES
An area devoted to the growing of grapes or other fruit and
the process of fermenting the product into wine. Wineries shall also
include the structures or areas provided for the tasting or sale of
the wine so long as such areas are on the same site as the products
grown.
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 2-2-2015 by Ord.
No. 373]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The nontower WCF, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 2-2-2015 by Ord.
No. 373]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 2-2-2015 by Ord.
No. 373]
WOODLANDS
A community of plants characterized by areas, groves, or
stands of trees. Area measurements of woodlands shall be understood
to include the canopy. It shall be further defined as an area or stand
of trees whose combined canopy is 1/2 acre or more in extent and consists
of at least 50% of canopy trees with a diameter at breast height (DBH)
of three inches or more.
YARD
An open, unoccupied space, on the same lot with a structure,
open and unobstructed from the ground to the sky, except as otherwise
provided herewith.
YARD, FRONT
A yard across the full width of the lot, measured in depth
from the street right-of-way line to the nearest point of the building
on the lot. Lots that front on two streets shall provide the minimum
front yard setback from both streets.
YARD, REAR
A yard across the full width of the lot, measured in depth
from the rear property line of the lot to the nearest point of the
building on the lot. The rear yard is typically opposite the front
yard, however, lots shall only be required to provide one rear yard
regardless of the number of front yards.
YARD, SIDE
A yard along the full depth of the lot, measured in depth
from the side property line(s) of the lot to the nearest point of
the building on the lot.
ZONING DISTRICT MAP
The Zoning Map or Maps of the Township, together with all
amendments subsequently adopted.
ZONING OFFICER
The Zoning Officer or his authorized representative appointed
by the Supervisors to administer the Township of Pine Zoning and Subdivision
Ordinances. For the purposes of this chapter, the Zoning Officer may
also be referred to as or include the Code Enforcement Officer, and/or
the Director of Code Administration and Land Development.