Township of Silver Spring, PA Background Provisions

Editor's Note: A copy of the Zoning Map is an attachment to this chapter.

Word usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section.

Language interpretation. In this chapter, when not inconsistent with the context:

(1)

Words in the present tense imply also the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The term "person" includes an individual, partnership, corporation, unincorporated association, estate or any similar legally recognized entity.

(5)

The term "shall" or "must" is always mandatory.

Specific words and phrases. The following words and phrases shall have the particular meanings assigned by this section in the appropriate sections of this chapter.

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm.

ACCESSORY APARTMENT

A separate dwelling unit that is contained upon the same lot as an owner-occupied single-family detached dwelling and is contained within the principal dwelling building or occupies a portion of one of its accessory buildings. All accessory apartments shall have direct separate means of entrance/exit.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ACREAGE, NET

The total land area contained within a property or proposed site, exclusive of lands within a public or private street right-of-way.

ACT

The latest version of the Pennsylvania Municipalities Planning Code, as amended.

ADULT-RELATED FACILITIES

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(1)

ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(2)

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(3)

ADULT BOOKSTOREAny establishment which has more than 50% of its stock-in-trade consisting of:

(a)

Books, films, videotapes, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(b)

Instruments, devices or paraphernalia (excluding prophylactics) which are designed for use in connection with specified sexual activities.

(4)

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.

(5)

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 medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. 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.

(6)

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.

(7)

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(9)

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.

(10)

ADULT MOTION-PICTURE 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.

(11)

ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business which provides an out-call service, which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.

(14)

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.

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses. Agriculture can involve the incidental slaughter of livestock which have been raised on the site for no less than 2/3 of their lifespan.

ALLEY

A strip of land over which there is a private right-of-way intended to provide vehicular access to the side and/or rear of properties with frontage on a public street. An alley is not intended for general traffic circulation.

ALTERATIONS

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use, location and/or size.

AMBULATORY SURGICAL FACILITY

A facility, or portion thereof, not located upon the premises of a hospital, which provides specialty or multispecialty outpatient surgical treatment to patients who do not require hospitalization but who require constant medical supervision following the surgical procedure performed.

[Added 6-23-2010 by Ord. No. 8-2010]

AMUSEMENT ARCADE

A commercial establishment which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANIMAL HOSPITAL

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

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 defined below. An antenna shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

[Added 9-23-2020 by Ord. No. 2020-05]

ATTIC

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

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.

AUTOMOBILE SALES

Any building or land devoted to the retail sales of passenger vehicles, including accessory service and repair facilities if conducted within a wholly-enclosed building.

AUTOMOBILE SALES STORAGE FACILITY

A parking lot as a principal use associated with off-site automobile sales, which is used for the storage of passenger vehicle inventory for retail sales.

[Added 5-25-2016 by Ord. No. 3-2016]

AUTOMOBILE SERVICE

The retail repair, servicing, maintenance and reconstruction of passenger vehicles but not including car washes per se.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base flood.

BED-AND-BREAKFAST

A single-family detached dwelling, where between one and 12 rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BEEKEEPING

An accessory use to a farm permitted in any zone, in which bees are raised and/or kept in compliance with § 415-15B(13)(d) of this chapter.

BILLBOARD

A sign upon which images and/or messages of any kind are printed, posted or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed or to disseminate other messages.

BOARD

The Zoning Hearing Board of Silver Spring Township.

BOARDINGHOUSE

A detached building arranged or used for sheltering or feeding, or both, for more than three and not more than 10 individuals that do not constitute a family.

BUILDING

Any structure, either temporary or permanent, having walls and a roof or other covering and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes stated above. For the purposes of the Floodplain Zone, the word "building" shall include gas or liquid storage tanks.

(1)

DETACHED BUILDINGA building which has no party wall.

(2)

SEMIDETACHED BUILDINGA building which has only one party wall in common.

(3)

ATTACHED BUILDINGA building which has two or more party walls in common.

BUILDING AREA

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

BUILDING SETBACK LINE

The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes any structure above grade, except steps.

CAFE

An exterior seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business.

CAMPGROUND

A lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

CAMPSITES

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

CAR WASH

A principal or accessory use whereby structures equipped with apparatuses for the washing, waxing and/or vacuuming of vehicles are provided.

(1)

AUTOMATIC CAR WASHA self-serve car wash in which the vehicle enters a washing bay and is cleaned by solely a mechanized process.

(2)

FULL-SERVICE CAR WASHA car wash in which attendants are responsible for some portion of the washing process.

(3)

SELF-SERVICE CAR WASHA car wash in which the vehicle enters a washing bay and is cleaned by the vehicle's occupants using available equipment and cleansers.

CARPORT

An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts, except that one or more walls may be the walls of the main building to which the carport is accessory.

CARTWAY

The surface of a street, access drive, driveway or alley available for vehicular traffic, including travel lanes and parking lanes, but not including curbs, sidewalks or swales.

CELLAR

A 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. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes.

CERTIFICATE OF USE AND OCCUPANCY

A statement signed by the Zoning Officer, setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CHURCH AND RELATED USES

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day care facilities.[1]

CO-LOCATION

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

[Added 9-24-2014 by Ord. No. 5-2014; amended 9-23-2020 by Ord. No. 2020-05]

COMMERCIAL KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product.

COMMERCIAL LIVESTOCK OPERATION

An agricultural use involving the commercial keeping and handling of livestock quantities exceeding any of the following: 25 horses; 25 dairy or beef cattle; 25 swine; 20,000 poultry, excluding turkeys; 25 sheep or veal; 500 turkeys; plus the keeping and handling of livestock quantities exceeding an average adult weight for horses, dairy cattle and layer chickens and/or an average market weight of all other livestock of 2,000 pounds per acre, as referenced in the following table:

Livestock		Animal Size (pounds)
Cattle
	Dairy	150 to 1,500
	Beef	400 to 1,400
	Veal	100 to 350
Swine
	Pigs	35 to 200
	Gestating sow (limit fed)	275
	Sow and 8 pigs	375
	Boar (limit fed)	350
Sheep		100
Horse		1,000
Poultry (see following types)
	Layer	4
	Layer, heavy	7
	Pullet	3
	Broiler	4
	Roaster	7
	Turkey	20
	Duck	7
	Guinea	3 to 4
	Pheasant	3
	Chukar	1.5
	Quail	0.05
Sources: PADEP, Field Application of Manure and Poultry Manure Management.

COMMERCIALLY REASONABLE

Terms and pricing that are reasonably consistent with similar wireless facility leases and agreements within a fifty-mile radius of the Township.

[Added 9-23-2020 by Ord. No. 2020-05]

COMMERCIAL RECREATION FACILITY

An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses, shooting ranges, amusement arcades, nor off-track betting parlors, as defined herein.

COMMERCIAL TRUCK

A vehicle that exceeds a gross vehicle weight (truck plus rated payload) of 10,000 pounds.[2]

COMMON FACILITIES

Services or utilities, such as but not limited to water and sewer service, within a development site designed, constructed and maintained primarily for the use of residents of the development.[3]

[Added 9-24-2014 by Ord. No. 8-2014]

COMPREHENSIVE PLAN

The most recently adopted version of the Official Comprehensive Plan, Silver Spring Township, Cumberland County, Pennsylvania, including any amendments.

CONDITIONAL USE

A use which may be appropriate to a particular zoning district, only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 415-147 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONSERVANCY LOT

A large, privately owned and maintained lot, containing an existing dwelling, farm complex, or historic structure, comprising part of the required greenway land in a conservation subdivision.

[Added 9-24-2014 by Ord. No. 8-2014]

CONSERVATION AREA, PRIMARY

Lands containing one-hundred-year floodplain (including the floodway), wetlands and prohibitive steep slopes (above 25%). In conservation subdivisions, all lands containing primary resources are called "primary conservation areas."

[Added 9-24-2014 by Ord. No. 8-2014]

CONSERVATION AREA, SECONDARY

Lands containing natural or cultural features outside primary conservation areas that are worthy of conservation by inclusion in greenway land. See a prioritized list of such features in § 360-41C(1) of Chapter 360, Subdivision and Land Development.

[Added 9-24-2014 by Ord. No. 8-2014]

CONSERVATION PLAN

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

CONSUMER FIREWORKS

Consumer fireworks as permitted and set forth in Pennsylvania Act 43 of 2017.[4]

[Added 2-28-2018 by Ord. No. 1-2018]

CONVENIENCE STORE

(1)

A retail sales business which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use:

(a)

The rental of videotapes, provided that an adult bookstore is specifically prohibited;

(b)

The preparation and sales of delicatessen sandwiches and foods, provided that no patron seating is provided; and

(c)

The use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices).

(2)

Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.

CONVENTION CENTER

A group of uses designed and constructed as an integrated development to serve those attending consumer trade shows, association conferences and meetings, sports shows, banquets, receptions and other similar functions.

CONVERSION APARTMENTS

The adaptation of one single-family detached dwelling to two or more dwelling units.

CONSTRAINED LAND

Selected resources listed in this chapter, multiplied by a protection factor and totalled.

[Added 9-24-2014 by Ord. No. 8-2014]

CUL-DE-SAC

A dead-end street equipped with a circular vehicle turnaround at its terminus.

DAY CARE

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

(1)

DAY CARE, ACCESSORYA day-care facility that is operated as an accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. These facilities are permitted by right in every zone.

(2)

DAY CARE, FAMILYA day-care facility that is operated as an accessory use to a dwelling unit, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered by the Department of Human Services of the Commonwealth of Pennsylvania.

(3)

DAY CARE, COMMERCIALA day-care facility that offers care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, churches, industries, residential complexes, etc.); however, in no case shall a commercial day care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Human Services of the Commonwealth of Pennsylvania. All commercial day-care centers must obtain a valid certificate of compliance from the Department of Human Services of the Commonwealth of Pennsylvania prior to operation.

DBH (DIAMETER AT BREAST HEIGHT)

The diameter of a tree trunk measured 4.5 feet above the ground at the base of the tree. If a tree divides or splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. The term applies to trees in the field (not nursery stock).

[Added 9-24-2014 by Ord. No. 8-2014]

DENSITY, NET

The number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public and/or private streets.

DESIGNATED CONTROL POINTS

Locations approved for street and/or access drive connections with the Carlisle Pike.

DEVELOPMENT

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

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

(1)

Attributable to mental retardation, cerebral palsy, epilepsy, autism, injury and/or trauma.

(2)

Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.

(3)

Attributable to dyslexia resulting from a disability described in subsections (1) and (2) of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health of the commonwealth under Pennsylvania Act 16 of 2016,[5] as hereafter amended, to dispense medical marijuana. The term does not include a health-care medical marijuana organization under Chapter 19, 35 P.S. §§ 10231.1901 through 10231.1908, as hereafter amended.

[Added 5-10-2017 by Ord. No. 4-2017]

DISTRIBUTED ANTENNA SYSTEM (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 9-23-2020 by Ord. No. 2020-05]

DISTRIBUTION

A process whereby materials, goods or products are imported, stored by one person, and then delivered to another.

DOMESTIC PETS

Nonfarm animals that are locally available for purchase as pets as an accessory use to a dwelling unit.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, institutional houses, tourists courts and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently-designed sewer, water, electrical and other utility systems.

(1)

SINGLE-FAMILY DETACHED (SFD)A freestanding building containing one dwelling unit for one family and having two side yards, one front yard and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with subsection (6) of this definition as follows. Travel trailers, as defined herein, shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. (Figure 1)

Figure 1

(2)

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, side and rear yard. (Figures 2 and 3)

Figure 2

Figure 3

(3)

MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 4)

Figure 4

(4)

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (Figure 5)

Figure 5

(5)

QUADRUPLEXOne detached building that contains four separate dwelling units, all of which share one or two points of exterior access.

(6)

MOBILE HOMEFor the purposes of this chapter, all mobile homes, except those contained within mobile home parks, shall be governed by all regulations applicable to single-family detached dwellings, and the following:

(a)

All apparatuses used to tow or transport the mobile home (including, but not limited to, the towing hitch) shall be removed; and

(b)

All mobile homes and additions thereto shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top or frame ties to ground anchors in accordance with the American National Standards, as specified in the Standard for the Installation of Mobile Homes including Mobile Home Park Requirements [NFPA No. 501A-1974 (ANSI A119.3-1975)], as amended for mobile homes in hurricane zones or other appropriate standards, such as the following:

[1]

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length and one additional tie per side for units less than 50 feet in length;

[2]

Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length and four additional ties per side for units less than 50 feet in length; and

[3]

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.

EARTHMOVING ACTIVITY

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

ECHO HOUSING

An additional dwelling unit placed on a property for occupancy by either an elderly, handicapped or disabled person related by blood, marriage or adoption to the occupants of the principal dwelling.

ELIGIBLE FACILITIES REQUEST

An application for modification of an existing wireless communications facility or base station that involves 1) co-location of new transmission equipment; 2) removal of transmission equipment; or 3) replacement of transmission equipment.

[Added 9-23-2020 by Ord. No. 2020-05]

EMERGENCY

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

[Added 9-23-2020 by Ord. No. 2020-05]

FAMILY

An individual or individuals related by blood, marriage or adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, up to three unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein.

FARM

Any parcel of land with 10 or more acres which is used in the raising of agricultural products, including, but not limited to, trees, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARMERS AND/OR FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Farmers and/or flea markets can include indoor and outdoor display or merchandise.

FARM OCCUPATION

An accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the active farm.

FARM-RELATED BUSINESS

A principal use that may, or may not, be located upon a farm, at which goods and services are rendered in support of local farming operations.

FCC

Federal Communications Commission.

[Added 9-23-2020 by Ord. No. 2020-05]

FEEDER ROAD

A roadway that directly connects to the Carlisle Pike.

FENCE

A structure designed as a barrier to restrict the movement or view of persons, animals, property, and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width and/or depth of the front yard.

FILL

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

FINANCIAL INSTITUTION

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

FIREWOOD

The hard, fibrous substance from trees which is used as fuel.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses or from the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION

The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.

FLOOD-FRINGE AREA

The portion of the one-hundred-year floodplain outside the area.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FLOOD HAZARD AREA

The one-hundred-year floodway and that maximum area of land that is likely to be flooded by a one-hundred-year flood, as shown on the floodplain maps provided by FEMA.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOF

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to property, structures and their contents.

FLOODWAY

The channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FLOOR AREA, GROSS

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

FLOOR AREA, GROSS LEASABLE

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

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

FORESTRY

The management of forest and timberlands when practiced in accordance with sound forest management practices through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any existing, proposed or future land development.

FREEBOARD

A margin of safety, expressed in feet, above the one-hundred-year flood elevation.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FRONT BUILD-TO LINE

An area establishing the required location for all or a portion of a building's front facade, as measured from the street line.

FRONTAGE

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

FRONT FACADE

The plane of the facade of the building closest to the street right-of-way, excluding stoops, porticos, open colonnades, and open porches.

[Added 9-24-2014 by Ord. No. 8-2014]

FUNERAL HOME

A principal use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but do include mortuaries and crematorium.

GARAGE, FRONT-LOADED

A garage having its vehicular entry door facing the street.

[Added 9-24-2014 by Ord. No. 8-2014]

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than one-ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors, and provided that adequate off-street parking is still available on the same lot as the dwelling unit.

GARAGE, REAR-LOADED

A garage having its vehicular entry door facing an alley or rear lane.

[Added 9-24-2014 by Ord. No. 8-2014]

GARAGE, SIDE-LOADED

A garage having its vehicular entry door facing the side yard.

[Added 9-24-2014 by Ord. No. 8-2014]

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GREEN, COMMON

An area of greenway land surrounded by streets on at least two and often three or four sides, around which dwellings are organized.

[Added 9-24-2014 by Ord. No. 8-2014]

GREENWAY LAND

A parcel or parcels of land and/or water within a conservation subdivision, set aside for the protection of natural and cultural resources. Greenway land consists of primary and secondary conservation areas and is permanently restricted against further development. The terms "greenway" and "greenway land" are synonymous.

[Added 9-24-2014 by Ord. No. 8-2014]

GROUP HOME

A dwelling operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as single-family dwellings.

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health of the Commonwealth under Pennsylvania Act 16 of 2016, as hereafter amended, to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19, 35 P.S. §§ 10231.1901 through 10231.1908, as hereafter amended.

[Added 5-10-2017 by Ord. No. 4-2017]

HAZARDOUS MATERIAL

Materials which have the potential to damage health, endanger human life or impair safety.

HAZARDOUS WASTE

Any 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.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for storage or treatment for any time span other than the normal transportation time through the Township.

HEALTH AND FITNESS CLUB

A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEAVY EQUIPMENT

Machinery, vehicles and other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include, but are not limited to, farm machinery, excavation equipment, commercial trucks and trailers, Class II recreation vehicles (as defined herein), yachts, industrial machinery, etc.

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the front corners of the building to the highest point of the roof.

HEIGHT, STRUCTURE

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/takeoff and be stored.

HELIPORT

A principal use where one or more helicopters may land/takeoff and be stored. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals and storage hangars.

HISTORIC APARTMENT CONVERSION

The conversion of a historic structure into two or more dwelling units.

HISTORIC OFFICE CONVERSION

The conversion of a historic structure into one or more offices.

HISTORIC RESTAURANT CONVERSION

The conversion of a historic structure into a restaurant.

HISTORIC STRUCTURE

A structure that is on the National Register of Historic Places, or recognized by the Pennsylvania Historical Museum Commission, the Cumberland County Historical Society, or any Township-appointed body created for such purposes, as being historically significant.

HOME OCCUPATION

A business or commercial activity that is conducted as an accessory use in a detached dwelling unit, except a business or commercial activity that is a no-impact home-based business, as defined in this chapter.

HOMEOWNERS' ASSOCIATION

A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations for the purpose of administering the needs of residents through the maintenance of community-owned property. This term is synonymous with "property owners' association."

[Added 9-24-2014 by Ord. No. 8-2014]

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hours-per-day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms, with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

IMPERVIOUS SURFACE

Any material that covers the land which inhibits the percolation of stormwater directly into the soil, including but not limited to buildings, pavement, stone areas, and stormwater facilities (detention/retention basins) or other equivalent surfaces not designed as a best management practice (BMP). Acceptable BMPs shall be as defined in the Pennsylvania Department of Environmental Protection's Stormwater Best Management Practices Manual, Latest Edition.

IMPORTANT NATURAL AREAS

Lands containing habitat for flora or fauna identified in the Pennsylvania Natural Diversity Index (PNDI) or in a county natural areas inventory.

[Added 9-24-2014 by Ord. No. 8-2014]

IMPORTANT NATURAL HABITAT

Any land area characterized by any or all of the following:

(1)

Wetlands as defined by criteria of the United States Department of Interior, Fish and Wildlife Service;

(2)

Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as "Pennsylvania threatened" or "Pennsylvania endangered"; and

(3)

PNDI-confirmed extant plant and animal species and communities that have a state rank of S1 or S2.

INVASIVE PLANT SPECIES

Predominantly nonnative tree, shrub, vine or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate that they out-compete many native plant species.

[Added 9-24-2014 by Ord. No. 8-2014]

JOINT-USE DRIVEWAY

A common driveway that serves two to four adjoining dwellings. Additionally, joint-use driveways can serve up to four adjoining residential lots.

JUNK

Used and/or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date.)

KENNEL

Any lot on which two or more animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated or trained for a fee, including but not limited to dog or cat kennels.

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 shall be deemed to be a landowner for the purposes of this chapter.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOT

Any parcel or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot," "parcel" or "tract." Contiguous nonconforming lots of record under single and separate ownership shall be considered one lot for the purposes of this chapter. A lot as herein defined may or may not coincide with a lot of record.

(1)

LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards, one side and one rear yard.

(2)

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.

(3)

LOT, INTERIORA lot, other than a corner lot, the sides of which do not abut a street.

(4)

LOT, THROUGH OR REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement. Wetland areas may be required to be deleted from the minimum lot area under § 415-72.

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT OF RECORD

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

LOT WIDTH

The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line. Unless otherwise noted, lot width shall be measured at the building setback line and the street frontage.

MANUFACTURE

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

MANURE

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

MANURE STORAGE FACILITY

A 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, earthen bank, stacking area, and aboveground storage.

MAXIMUM FLOOD ELEVATION

The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain Zone.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in Pennsylvania Act 16 of 2016, as hereafter amended.[6]

[Added 5-10-2017 by Ord. No. 4-2017]

MEDICAL OR DENTAL CLINIC

Any building or group of buildings occupied by licensed medical practitioners and related service providers for the purpose of providing nonemergency health services to people on an outpatient basis. Medical or dental clinics shall not include facilities which provide outpatient surgical treatment to patients who do not require hospitalization but who require constant medical supervision following the surgical procedure performed.

[Added 6-23-2010 by Ord. No. 8-2010]

MEDICAL RESIDENTIAL CAMPUS

A principal use whereby a comprehensive medical and residential environment primarily serves retirement-aged persons and/or those possessing some ailment or disability. Medical residential campuses also offer a variety of residential dwelling types determined by the occupants' respective needs for some level of nursing and/or medical care.

MINI WAREHOUSE

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage, and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.

MOBILE HOME

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in the latest version of Chapter 248, Mobile Homes and Mobile Home Parks, of the Code of the Township of Silver Spring. Mobile homes placed on individual lots shall be considered "dwellings" and be bound by the requirements there imposed. For the purposes of § 415-29, Floodplain Zone, of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.

MOBILE HOME LOT

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

A parcel or contiguous parcels of land, which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.[7]

MOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms, with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this section.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is also meant to include an "under 21" club which features entertainment.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity 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 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 of 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.

(8)

The business may not involve any illegal activity.

NONCOMMERCIAL KEEPING OF CHICKENS

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon chickens are kept exclusively by the residents of the site.

[Added 5-10-2017 by Ord. No. 3-2017; amended 4-24-2019 by Ord. No. 4-2019]

NONCOMMERCIAL KEEPING OF LIVESTOCK

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

NONCONFORMING LOT

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 zone in which it is located by reason of such adoption or amendment.

NONCONFORMING STRUCTURE

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

NONCONFORMING USE

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

NONCONFORMITY, DIMENSIONAL

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

NONPROFIT ANIMAL RESCUE

A governmental or nonprofit private organization, duly registered as such pursuant to applicable federal or state law, that provides temporary homes for stray, surrendered or abandoned dogs or cats.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including but not limited to antennas and related equipment. Non-tower WCF shall not include support structures for antennas and related equipment.

[Added 9-23-2020 by Ord. No. 2020-05]

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding and dining associated with some level of nursing care.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, 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:

(1)

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

(2)

Which is placed where the flow of the water might carry the same downstream to the damage of life and property.

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products; or the sale or delivery of any materials, goods or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.

OFF-TRACK BETTING PARLOR

A commercial use at which persons can visit to wager upon, and observe by remote television, the outcomes of events that are taking place elsewhere.

ONE-HUNDRED-YEAR FLOOD

A flood which is likely to be equaled or exceeded once every 100 years (i.e., that has a one-percent chance of being equaled or exceeded in any given year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Natural Resources Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood.

ONE-HUNDRED-YEAR FLOOD BOUNDARY

The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Natural Resources Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania is necessary to define this boundary.

ONE-HUNDRED-YEAR FLOOD ELEVATION

The water surface elevations of the one-hundred-year flood.

ON-LOT SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.

ON-LOT WATER SERVICE

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

OPEN SPACE

A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.

OUTDOOR WOOD-FIRED BOILER OR FURNACE

A wood-fired boiler or furnace that is not located within a building or structure intended for habitation by humans or domestic animals.

PADEP

Pennsylvania Department of Environmental Protection.

PARKING COMPOUND

A primary retail sales business where passenger vehicles may be stored for short-term, daily or overnight off-street parking and connected to a street by an access drive.

PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided, subject to the requirements listed in § 360-26 of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS, PUBLIC AND/OR NONPROFIT

Those facilities designed and used for recreation purposes by the general public that are owned and operated by a government or governmental agency/authority or are operated on a nonprofit basis. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses, amusement arcades, off-track betting parlors and shooting ranges.

PATIO

An open, unenclosed structure consisting only of a floor constructed at grade level.

PennDOT

Pennsylvania Department of Transportation.

PERSONS

Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that "person" does not include or apply to the Township or to any department or agency of the Township.

[Added 9-23-2020 by Ord. No. 2020-05]

PESTICIDE

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

PETROLEUM PRODUCT

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

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs," as regulated herein.

PLANNING COMMISSION

The Planning Commission of Silver Spring Township.

PORCH

A roofed, open or screened structure constructed above grade level and projecting from the front, side or rear wall of a building.

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

(1)

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(2)

Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

(3)

Any land which is in closer proximity to the highway than to the principal activity and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

PRINCIPAL WASTE-HANDLING FACILITY

A principal use whereby waste is brought to the site for storage, processing, treatment, transfer or disposal.

PRIVATE CLUB

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities nor off-track betting parlors, as defined herein.

PROCESSING

A function which involves only the cleaning, sorting, sizing and/or packaging of products and materials.

PROFESSIONAL BIOLOGIST

An individual with at least a graduate degree in aquatic and/or terrestrial biology and/or ecology and with a depth of knowledge in organisms and the processes of ecological systems.

PUBLIC

Owned and/or operated by the Township, its Authority, a Township-supported fire company, or a Township-supported ambulance association.

PUBLIC HEARING

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 on zoning-related matters.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act, and subsequent amendments.[8]

PUBLIC NOTICE

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

PUBLIC SEWER

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

PUBLIC UTILITIES

Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.

PUBLIC WATER

A municipal water supply system or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RECREATIONAL VEHICLE

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer":

(1)

The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway;

(2)

The unit is mounted or designed to be mounted on wheels;

(3)

The unit is designed to be loaded onto or affixed to the bed and/or chassis of a truck;

(4)

The unit contains or was designed to contain temporary storage of water and sewage; and

(5)

The unit contains some identification by the manufacturer as a travel trailer.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus a freeboard safety factor of one foot.

RENTAL

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

REPAIR

A function involved in correcting deficiencies of products that affect its performance and/or appearance.[9]

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area or 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-THROUGH OR FAST-FOOD

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site.

RETAIL

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein.

RIDING STABLE

A principal use whereby equestrian instruction is offered and horses are kept, bred, trained and/or exercised upon land not occupied by the owner of the horse(s).

RIGHT-OF-WAY or ROW

The surface of and space above and below any real property in the Township in which the Township has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.[10]

[Amended 9-23-2020 by Ord. No. 2020-05]

SATELLITE DISH ANTENNA

A 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. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas.

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

(1)

COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the school district.

(2)

PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary and/or postgraduate education that may, or may not, be operated as a gainful business.

(3)

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary and adult education, and operated by the School District.

(4)

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(a)

Truck driving;

(b)

Engine repairs;

(c)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(h)

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 415-7 and 415-138E of this chapter.

SCREENING

An assemblage of materials that are arranged so as to block the ground-level views between grade and a height of six feet. Suitable screening materials include trees, shrubs, hedges, berms, walls, sight-tight fences, and/or other similar type materials. No wall or fence shall be constructed of plywood, corrugated metal or fiberglass, or sheet metal. Landscape screens must achieve the required visual blockage within two years of installation, after both adjoining parcels are developed.

SEASONAL MERCHANDISE

Goods and products that are generally offered for retail sales to the public during specific periods of any calendar year. Examples include, but are not limited to, holiday decorations, nursery and garden stock, home and garden supplies and equipment, outdoor play and recreation equipment, etc.

SEASONAL RESIDENCE

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

SETBACK

The required horizontal distance between a setback line and a property or street right-of-way line.

(1)

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

(2)

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

(3)

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the required front yard to the required rear yard. Commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SFD

Single-family detached dwelling.

SHADE TREE

A deciduous tree that shall have a clear trunk at least five feet above the finished grade.

SHOOTING RANGE

A place where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot for recreation, competition, skill development and/or training. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOPPING CENTER

A group of stores in excess of 40,000 square feet of gross leasable area, planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

SIGN

Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place and which directs attention to a product, service, place, activity, person, institution, business or solicitation, but not flags or other insignia of any government, fraternal or similar organization.

(1)

FLAT WALL SIGNA sign that is displayed and/or mounted upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall.

(2)

FREESTANDING SIGNA sign erected upon a permanently affixed, independent structure (legs or base).

(3)

PERMANENT SIGNA sign that is expected to be continuously displayed during the presence of a principal land use.

(4)

TEMPORARY SIGNA sign that is only permitted for specified periods of time, associated with some temporary event or work conducted on the site.

(5)

UNDER-CANOPY SIGNA sign that identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided.

(6)

WALL PROJECTING SIGNA sign that is mounted to a building wall such that its principal display area is not parallel to the building wall. A wall projecting sign can also be attached to a marquee.

SINGLE AND SEPARATE OWNERSHIP

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

SITE

For the purpose of establishing setbacks on a tract where a principal use exists, the structure(s) will be considered the site.

SLDO

The latest version of the Township's Subdivision and Land Development Ordinance, as may be amended.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following criteria:

[Added 9-23-2020 by Ord. No. 2020-05]

(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 co-location 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;

(4)

The facilities do not require antenna structure registration under 47 CFR Part 17;

(5)

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

(6)

The facilities do not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for Cumberland and Perry Counties, Pennsylvania.

SPECIAL EXCEPTION

A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 415-138C of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernible turgid state even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

(5)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.[11]

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

[Added 9-23-2020 by Ord. No. 2020-05]

STORAGE

A function involving the deposition of materials, goods and/or products for safekeeping.

STOREFRONT

The wall of a unit of occupancy which faces the front yard within a planned center, as defined herein.

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way, or private right-of-way, used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STRUCTURE

(1)

Any assembly of materials constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade, including but not limited to buildings, sheds, cabins, mobile homes and trailers, dams, culverts, roads, railroads, bridges, storage tanks, and signs.

(a)

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

(b)

STRUCTURE, PRINCIPALA structure associated with a primary use.

(2)

Structures shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes and any other similar nonpermanent improvements.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or wireless support structure if it meets any of the following criteria:

[Added 9-24-2014 by Ord. No. 5-2014; amended 9-23-2020 by Ord. No. 2020-05]

(1)

For wireless communications facilities outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for wireless communications facilities in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;

(2)

For communications towers outside the public rights-of-way, it protrudes from the edge of the tower by more than 20 feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater; for those wireless communications facilities in the public rights-of-way, it protrudes from the edge of the structure by more than six feet;

(3)

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

(4)

It entails any excavation of deployment outside the current site of the communications tower; or

(5)

It does not comply with conditions associated with prior approval of construction or modification of the wireless communications facility, unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.

SUBSTANTIAL IMPROVEMENT

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

SWIMMING POOL

Any pool not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted. Also includes brew pubs.

TESTING

A function involving the examination and assessment of qualities, performances and/or capabilities of a product, goods or material.

TERMINAL VISTA

The scene terminating the view down a road or street, as at an intersection or on the outside of a curve.

[Added 9-24-2014 by Ord. No. 8-2014]

TOWER

A self-supporting lattice tower, guy tower, monopole, or any other pole that is constructed primarily to support an antenna for receiving and/or transmitting a wireless signal.

[Added 9-23-2020 by Ord. No. 2020-05]

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

A tower and its supporting antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. Distributed antenna system hub facilities are considered to be tower-based WCFs.

[Added 9-23-2020 by Ord. No. 2020-05]

TOWNSHIP

Silver Spring Township.

TRACT AREA, ADJUSTED

The gross tract area minus the constrained land.

[Added 9-24-2014 by Ord. No. 8-2014]

TRACT AREA, GROSS

The total amount of land contained within the limits of the legally described property lines bounding the tract.

[Added 9-24-2014 by Ord. No. 8-2014]

TRUCK STOP

A commercial use that primarily provides fuel and parking for tractor-trailer trucks, in addition to other vehicles, and which may also include vehicle repair, a retail store, restaurant, motel, showers and similar support facilities for travelers.

TRUCK TERMINAL

An area or structure where trucks load and unload goods, products, cargo, materials and/or freight and where the same may be broken down or aggregated into smaller or larger loads for transfer to other motor vehicles or modes of transportation or to other points of junctions.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

UCC

The Pennsylvania State Uniform Construction Code as adopted in its latest version by the Commonwealth of Pennsylvania and amended by technical amendment by Silver Spring Township.[12]

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1)

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

(2)

USE, PRINCIPALThe main or primary use of property or structures.

USE AND OCCUPANCY PERMIT

A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and in this chapter.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.[13]

VEHICULAR CONTROL POINTS

Preapproved locations for vehicular access to properties fronting along the Carlisle Pike and New Willow Mill Road within the INT Zone.

VETERINARIAN'S OFFICE

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted.

WAREHOUSE

A building or group of buildings primarily used for the unloading and indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal.

WASTE

Garbage, refuse and other discarded materials, including, but not limited to, solid, semisolid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended. Waste shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency. For the purposes of this chapter, the difference between "waste" and "junk" or "recyclables" is that waste shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent; whereas, junk includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal; and, whereas, recyclables include materials that have entered a reasonably continuous process whereby their reuse is imminent.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land from which water drains into a particular watercourse.

WECS UNIT (WIND ENERGY CONSERVATION SYSTEM)

Any device which converts wind energy to mechanical or electrical energy and shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

WETLAND

Area with the characteristics of wetland, as defined by the United States Environmental Protection Agency, United States Army Corps of Engineers, Pennsylvania Department of Environmental Protection, and the United States Natural Resources Conservation Service. Wetland areas are not limited to the locations delineated on wetland maps prepared by the United States Fish and Wildlife Service.

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WIND ENERGY CONVERSION SYSTEM

One or more wind turbines that are used to convert natural wind energy into electrical energy, and customary accessory structures and buildings, including substations, meteorological towers, electrical infrastructure and other appurtenant structures and facilities.

WIND TURBINE

A piece of machinery that converts natural wind energy into electricity through the use of a rotor, tower and any transformer.

WINDOW

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

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 9-23-2020 by Ord. No. 2020-05]

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating FCC-licensed mobile telephone wireless communications services.

[Added 9-23-2020 by Ord. No. 2020-05]

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

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

[Added 9-23-2020 by Ord. No. 2020-05]

YARD

An area between the permitted structures and the property lines.

(1)

YARD, FRONTThe area contained between the street right-of-way line and the principal structure. For flag lots, see § 360-28D(7)(b)[2] of Chapter 360, Subdivision and Land Development.

(2)

YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, see § 360-28D(7)(b)[2] of Chapter 360, Subdivision and Land Development.

(3)

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the non-address street(s). For flag lots, see § 360-28D(7)(b)[2] of Chapter 360, Subdivision and Land Development.

ZONING

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

ZONING OFFICER

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

[1]

Editor's Note: The definition of "cluster development," as amended 5-23-2012 by Ord. No. 3-2012, which immediately followed this definition, was repealed 9-24-2014 by Ord. No. 8-2014.

[2]

Editor's Note: The former definition of "common open space," which immediately followed this definition, was repealed 9-24-2014 by Ord. No. 8-2014.

[3]

Editor's Note: The former definitions of "communications antenna," "communications equipment building," and "communications tower," each added 9-24-2014 by Ord. No. 5-2014, which immediately followed this definition, were repealed 9-23-2020 by Ord. No. 2020-05.

[4]

Editor's Note: See 72 P.S. § 9401.

[5]

Editor's Note: See 35 P.S. § 10231.101 et seq.

[6]

Editor's Note: See 35 P.S. § 10231.101 et seq.

[7]

Editor's Note: The former definition of "modification," added 9-24-2014 by Ord. No. 5-2014, which immediately followed this definition, was repealed 9-23-2020 by Ord. No. 2020-05.

[8]

Editor's Note: See now Sunshine Act, 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93).

[9]

Editor's Note: The former definition of "replacement," added 9-24-2014 by Ord. No. 5-2014, which immediately followed this definition, was repealed 9-23-2020 by Ord. No. 2020-05.

[10]

Editor's Note: The definition of "rural clusters," as amended 5-23-2012 by Ord. No. 3-2012, which immediately followed this definition, was repealed 9-24-2014 by Ord. No. 8-2014.

[11]

Editor's Note: The former definition of "stealth design," added 9-24-2014 by Ord. No. 5-2014, which immediately followed this definition, was repealed 9-23-2020 by Ord. No. 2020-05.

[12]

Editor's Note: Act 45 of 1999 (35 P.S. §§ 7210.101 to 7210.1103).

[13]

Editor's Note: See the Municipalities Planning Code, 53 P.S. § 10101 et seq.

Conservation	(C)
Agricultural	(A)
Rural Residential	(R)
Residential Estate	(RE)
Residential	(R-1)
High Density Residential	(R-2)
Village Residential	(R-3)
Neighborhood Commercial	(C-1)
Community Commercial	(C-2)
Highway Commercial	(C-3)
Professional Office	(O)
Light Industrial	(I-1)
General Industrial	(I-2)
Interchange	(INT)
Quarry	(Q)
Floodplain	(FP)