Township of North Newton, PA
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
The following words are defined in order to facilitate the interpretation of this chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated. Words used in the present tense include the future tense. The singular includes the plural. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. The terms "shall and will," "will" and "must" are always mandatory. The words "should" or "may" are permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words, "intended, arranged or designed to be used or occupied." The word "erected" shall be inclusive of the words "constructed, altered or moved."
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property of another owner nor of resuming the use of the property.
ABUT or ABUTTING
Areas of contiguous lots that share a common lot line, not including lots entirely separated by a street, open to traffic or a perennial waterway.
ACCESS DRIVE
A way or means of approach to provide vehicular access to a property.
[1]
A. 
A building that is subordinate to and detached from the principal building, is on the same lot as the principal building, and is used for purposes that are customarily incidental to the principal building.
B. 
An accessory building may not be used as a dwelling.
C. 
Mobile homes, buses, recreational vehicles or trailers, campers, trucks or truck trailers shall not be considered as accessory buildings, regardless of whether they retain wheels or axles, or whether they are considered immobile.
ACCESSORY SOLAR ENERGY SYSTEM
See "solar energy system, accessory."
ACCESSORY USE
A use customarily incidental and subordinate to the principal use, building or structure located on the same lot with the principal building or structure.[2]
ACRE
A measure of land area containing 43,560 square feet.
ADDITION
Any construction which increases the size of a building, such as a porch, attached garage or carport, or a new room or wing.
ADULT-RELATED USE
An establishment that offers for sale or rent books, magazines, periodicals, films or audio/video materials that are characterized by an emphasis upon sexual conduct or sexually explicit nudity. This term also includes establishments presenting motion picture film, audio/video materials, or live performances which are characterized by sexual conduct or sexually explicit nudity.
AGRICULTURAL MARKET
Any fixed or mobile retail food establishment which is engaged primarily in the sale of raw agricultural products, but may include as accessory to the principal use, the sale of factory-sealed or prepackaged food products that normally do not require refrigeration.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged in by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURE
The use of land which shall include, but not be limited to, the tilling of the soil, the raising of crops, horticulture, apiculture, floriculture, viticulture and gardening. The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AGRICULTURE, INTENSIVE (INTENSIVE AGRICULTURAL USE)
Intensive agricultural uses include but are not limited to:
A. 
Slaughter areas;
B. 
Areas for processing of manure;
C. 
Concentrated animal feeding operations, as defined herein; and
D. 
Concentrated animal operations, as defined herein:
(1) 
Federal regulations define a CAFO as an animal feeding operation that: (a) confines more than 1,000 animal units (AU); or (b) confines between 301 to 1,000 AU and discharges pollutants into waters of the United States through a man-made ditch, flushing system or similar man-made device, or directly into waters of the United States that originate outside of and pass over, across or through the facility or otherwise come into direct contact with the animals confined in the operation (1 AU = 1,000 lbs.). Animal quantities equivalent to 1,000 AU are 1,000 slaughter and feeder cattle; 700 mature dairy cattle; 2,500 swine each weighing more than 25 kilograms (55 pounds); 30,000 laying hens or broilers (if a facility uses a liquid manure system); and 125,000 broilers or 82,000 laying hens (if a facility uses something other than a liquid manure system).
(2) 
An agricultural operation where the animal density of all livestock and fowl on the farm exceeds two animal units (2,000 lbs.) per acre of crop, hay, and pasture land. An operation with less than eight animal units shall not be considered a CAO, regardless of the animal density. Animal units shall be calculated using the Standard Animal Weights listed in Pennsylvania Act 38 Nutrient Management Program Technical Manual, by the Pennsylvania State Conservation Commission.
AGRITOURISM ENTERPRISE
An accessory use to an agricultural operation at which activities are offered to the public or to invited groups for the purpose of recreation, entertainment, education or active involvement in the agricultural operation. These activities must be related to agricultural or natural resources and incidental to the primary operation on the site. These activities may include a fee for participants. Examples include but are not limited to hay rides, corn mazes, farm tours, rodeo, educational exhibits, agriculturally related events, recreation-related tours and activities, etc.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALTERATIONS
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AMENDMENT
A change in use in any district or change in zoning district, which includes revisions to the zoning text and/or the Official Zoning Map.
ANIMAL FEEDING OPERATION (AFO)
Federal regulations define an AFO as a facility where animals have been, are/or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period, and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
ANIMAL HOSPITAL
A building used for the treatment, including incidental housing or boarding, of domestic animals by a veterinarian.
ANIMAL HUSBANDRY
The care, raising, and keeping of livestock (animals such as cattle, sheep and swine) and poultry with the intent of producing capital gain or profit or the intent of selling any livestock or poultry products, provided that the keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this chapter shall not be construed as animal husbandry.
ANIMAL WASTE (MANURE) STORAGE FACILITIES
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, trench silo, earthen bank, stacking area, and aboveground storage.
APARTMENT
A structure containing three or more dwelling units, excluding townhouses.
APARTMENT, CONVERSION
A multifamily dwelling constructed by converting an existing dwelling into apartments for two or more families without substantially altering the exterior of the building.
APPLICANT
A landowner or developer (as herein defined) who has filed an application for development, including his personal representatives, heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit or for the approval of a subdivision plat or plan or for approval of a land development plan.
AREA, BUILDING
The total of area, in square feet, of all floors, excluding basement, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
AREA, GROSS
The total lot area, including public right-of-way.
AREA, LOT
The area contained within the property lines of a lot as shown on a subdivision plan, excluding any area within a street right-of-way, but including the area of any easement.
ASSISTED-LIVING FACILITY
Coordinated and centrally managed housing, including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. Assisted-living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
AUTHORITY
A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 162), as amended, known as the "Municipalities Authorities Act of 1945."[3]
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
An area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard.
BASE FLOOD ELEVATION
The elevation above sea level, based on the vertical datum in the current Flood Insurance Rate Maps for North Newton Township of the one-hundred-year flood.
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
BED-AND-BREAKFAST INN
A residence where not more than 10 guest rooms are rented to not more than 20 overnight guests on a daily basis.
BERM
A mound of soil, either natural or man-made, used to obstruct views.
BLOCK
An area usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space, and not traversed by a through street.
BUFFER YARD
A strip of land which is planted and maintained in shrub, bushes, trees, grass or other landscaping material and intended to provide an area of separation between different districts or uses.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any persons, animals, or property, and including covered porches or bay windows, and chimneys. The term is inclusive of any part thereof.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot to the total gross lot area.
BUILDING HEIGHT
The vertical distance from the average finished grade, in front of the building where the address is taken, to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs (BOCA National Building Code, slightly modified).[4]
BUILDING PERMIT
A permit issued for authorizing construction of structures not requiring inspection under the Uniform Construction Code.[5]
BUILDING, NON-CONFORMING
See Nonconforming Structure or Building.
BUILDING, PRINCIPAL
A building in which is conducted the primary use of the lot on which it is located, and which is not an accessory building.
BUILDING SETBACK LINE
The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way, and the line defining side and rear yards, where required. It shall be a straight line parallel to the front, side or rear property line of rectilinear lots. On a curvilinear lot, the building setback line shall be radial to the arc. On a panhandle or flag lot, the building setback line shall be measured from the point where the "panhandle" joins the interior portion of the lot.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a "junkyard."
BUSINESS SERVICES
Those activities limited to the service and repair of furniture, office equipment, medical supplies and equipment and commercial appliances; the supply and servicing of vending machines; frozen food lockers; the painting and assembly of signs; printing, copy and photocopying services; arts, crafts, drafting and stationery supplies; food catering; interior decorating; taxidermy; upholstering and personal dry-cleaning services. Uses which shall not be interpreted to be business service establishments are retail shops and stores; gasoline and motor vehicle stations; vehicular sales, service and repair; mortuaries; warehouses and distribution facilities; and contractor's offices.
CALIPER, TREE
The diameter of a tree trunk measured in inches six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter.
CAMP or CAMPGROUND
A state-permitted facility, through the Pennsylvania Department of Health, in which a portion of land is used for the purpose of providing a space for trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of the space, in accordance with the Pennsylvania Code, Title 28, Chapter 19. The campground may be an organized camp which includes a combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons a year.
CAR WASH
A building on a lot designed and used primarily for the washing and polishing of automobiles and which may provide accessory services.
CARPORT
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides, and accessory to a main or accessory building.
CARTWAY
That portion of a street or alley which is improved, designed, or intended for vehicular use, excluding the shoulders.
CELLAR
A space with less than half 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.
CEMETERY
A parcel of land used as a burial ground for human or animal remains.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by a duly authorized Township officer which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.
CHANGE OF USE
Any use that substantially differs from the previous use of a building or land.
CHURCH
A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the center lines. Within this clear sight triangle, nothing is to be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
300 Sight Triangle.tif
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area and bulk requirements, provided that unless otherwise authorized, there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development for the respective zoning district, and the remaining land area is devoted to open space, active or passive recreation, preservation of environmentally sensitive areas, or agriculture.
COMMERCIAL GREENHOUSE
A building in which plants, vegetables, flowers, and similar materials are grown for sale.
COMMERCIAL RECREATION OR ENTERTAINMENT FACILITIES
An activity operated as a gainful business open to the public for entertainment or recreation, including but not limited to motion-picture theaters, health clubs and miniature golf courses.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development plan, designed and intended for the use or enjoyment of residents of the development plan and, where designed, the community at large. Common open space does not include rights-of-way, off-street parking areas, and areas set aside for public facilities.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antenna.
COMMUNITY SEWER SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage, from two or more lots and the treatment and/or disposal of the sewage on one or more of the lots or at any other site, and which shall comply with all applicable regulations of the Pennsylvania Department of Environmental Protection.
COMMUNITY WATER SUPPLY SYSTEM
A public or private utility system designated to transmit potable water from a common source to multiple users. Such systems shall be in compliance with the regulations of the Pennsylvania Department of Environmental Protection, the Public Utilities Commission (PUC) or the Township, whichever is more stringent.
COMPOSTING
The mixing of decomposing refuse matter for the purpose of creating fertilizer material.
COMPREHENSIVE PLAN
The official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted,[6] consisting of maps, charts and textual material, that constitutes decisions about the physical and social development of North Newton Township, as amended from time to time.
CONDITIONAL USE
A use permitted (and approved by the governing body) in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the Zoning Ordinance.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings, each owned by an individual person(s) in fee simple, with such owners assigned a shared interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980[7] or Uniform Planned Community Act of 1996, as amended.[8]
CONDOMINIUM ASSOCIATION
The community association that owns, administers and maintains the common property and common elements of a condominium.
CONSERVATION AREA
Environmentally sensitive areas with characteristics such as steep slopes, wetlands, floodplains, high water tables, forest areas, endangered species habitat, dunes, or areas of significant biological productivity of uniqueness that have been designated for protection from any activity that would significantly alter their ecological integrity, balance, or character.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant. A convenience store may involve the sale of gasoline.
CUL-DE-SAC
A street intersecting another street at one end terminating at the other in a vehicular turnaround.
DAY CARE, CHILD
A use involving the supervised care of children under age 16 outside of the children's own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to state-required education, including a "nursery school" or "head start" programs.
DEED RESTRICTION
A restriction on the use of the land set forth in the deed or instrument of conveyance. Such restriction usually runs with the land and is binding upon subsequent owners of the property. The governing body is not responsible for enforcing a deed restriction, unless the restriction resulted from a condition or stipulation of the subdivision or land development approval process.
DENSITY
The number of families, individuals, dwelling units, or housing structures per gross acre of land.
DEP
Pennsylvania Department of Environmental Protection.
DEVELOPER
Any landowner, agent of such landowner or tenant with permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLAN
The provisions for a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
DISTRIBUTION CENTER
An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transhipment by boat, rail, air, or motor vehicle.
DRIVEWAY
A private access for vehicles to a parking space, garage, dwelling or other structure.
DUPLEX
See "dwelling, single-family, semidetached."
DWELLING, MANUFACTURED HOUSING
Any structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation of assembly and installation on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.
DWELLING, MULTIFAMILY
A building designed, occupied or used by three or more families living independently of each other, wherein each dwelling unit or apartment shall contain private bath and kitchen facilities; including apartment houses.
DWELLING, SINGLE-FAMILY ATTACHED
A building used by one family and having two party walls in common with other buildings (such as row house or townhouse), except that end units have only one party wall.
DWELLING, SINGLE-FAMILY, DETACHED
A building used by one family, having only one dwelling unit and having two side yards.
DWELLING, SINGLE-FAMILY, SEMIDETACHED
A building used by one family, having one side yard, and one party wall in common with another building. (duplex)
DWELLING, TWO-FAMILY, DETACHED
A building used by two families, with one dwelling unit arranged over the other and having two side yards.
DWELLING, UNIT
One or more rooms used for living and sleeping purposes and having a kitchen(s) with fixed cooking facilities, toilet and bathroom facilities and arranged for occupancy by not more than one family.
300 Dwelling Units.tif
EASEMENT
A right granted for the use of private land for certain public, quasi-public or private purposes; also, the land to which such right pertains.
EASEMENT, CONSERVATION
A legal agreement granted by a property owner that limits the types, locations and amounts of development that may take place on the owner's property. Such easement may restrict the original and all subsequent property owners, lessees and all other users of the land.
EASEMENT, DRAINAGE
An easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
EASEMENT, UTILITY
A right-of-way granted for limited use of land for public or quasi-public purpose.
ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITIES)
Also known as "granny flat" or elder cottage housing. It permits a family member, related by blood, marriage or adoption, to live independently but close to relatives on the same lot. The housing shall be connected to the utility system of the main dwelling unit.
ENGINEER, MUNICIPAL
A registered professional engineer in Pennsylvania designated by the municipality to perform the duties of engineer as herein specified.
EXISTING USE
An activity or use of land occurring on a lot or parcel as of the effective date of this chapter.
FACILITY OWNER
The entity or entities having a legal or equitable interest in the wind energy facility, including the respective successors and assigns.
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided such facilities are licensed and permitted under the authority of the Department of Welfare of the Commonwealth of Pennsylvania or other state department or agency. In determining the functional equivalent of a traditional family, the following criteria shall be present:[9]
A. 
The group shares the entire dwelling unit.
B. 
The group lives and cooks together as a single housekeeping unit.
C. 
The group shares expenses for food, rent, utilities or other household expenses.
D. 
The group is permanent and stable, and not transient or temporary in nature.
E. 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FENCE
Any freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry, singly or in combination, erected for the purpose of screening or dividing one property from another to assure privacy, or to protect the property so screened or divided, or to define and mark the property line. For the purpose of this chapter, a freestanding masonry wall when so located is considered to be a fence.
FILL
Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
FINISHED GRADE
The elevation of the land surface of a site after completion of all site preparation work.
FLOOD
A temporary inundation of normally dry land.
FLOOD-FRINGE
Those portions of land within the floodplain subject to inundations by the one-hundred flood, outside the floodway in areas where detailed study and profiles are available.
FLOOD HAZARD BOUNDARY MAP
An official floodplain map issued by the Federal Insurance Administration.
FLOOD, ONE-HUNDRED-YEAR (BASE 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, the Department of Environmental Protection, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study as necessary to define this flood.
FLOODPLAIN
A floodplain may be either or a combination of:
A. 
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, during a one-hundred-year-design-frequency storm; or
B. 
Any area subject to the unusual and rapid accumulation of runoff or surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. With regard to nonresidential structures, the term "floodproofing" shall also mean that the structure, together with attendant utility and sanitary facilities, be designed so that any space below the regulatory flood elevation is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydromatic loads and effects of buoyancy.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred year magnitude without increasing the water surface elevation of that flood more than one foot at any point. The floodway will be as established by the latest mapping made available by the Federal Emergency Management Agency or as otherwise adopted by the Township.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, HABITABLE
The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathroom, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.
FORESTRY (TIMBER HARVESTING)
The management of forests and timberlands, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve land development.
FUELING STATION
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale of lubricants, tires, batteries, and similar vehicle accessories.
GARAGE, PRIVATE
An accessory enclosed or covered space for the storage of one or more vehicles, provided that no business, occupation, or service is conducted for profit therein nor space therein.
GASOLINE SERVICE STATION
See "fueling station."
GLARE
The effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GOLF COURSE
Any regulation 18-hole, 9-hole or executive (par 3) golf course, including any driving ranges, chip-n-putt, or miniature golf courses.
GREENWAY
A greenway may be any one or combination of the following:
A. 
A linear open space established along either a natural corridor, such as a riverfront, stream valley or ridgeline, or over land along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route;
B. 
A natural or landscaped course for pedestrian or bicycle passage;
C. 
An open space connector linking parks, natural reserves, cultural features or historic sites with each other and with populated areas; and
D. 
Strip or linear parks designated as a parkway or greenbelt.
GROSS BUILDING AREA
The total area of a building available for construction or use, as measured from the exterior walls or the building. Gross building area should be used in computing all square footage measurements for buildings as well as dimension requirements.
GROUND CLEARANCE
The minimum distance between the ground and any part of the wind turbine blade, as measured from the lowest point of the arc of the blades.
GROUP HOME
A dwelling inhabited by handicapped persons, as identified and provided for by the Fair Housing Act and this chapter. This definition does not include persons occupying a hotel, dormitory, lodge, halfway house, boardinghouse or institution. A group home involves persons functioning as a common household unit, providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution because of physical disability, old age, or mental retardation/developmental disability, or that the applicant proves to the satisfaction of the Zoning Officer meets the definition of "handicap," as defined by applicable federal law. (NOTE: The Federal Fair Housing Act amendments define "handicap" as follows: "(1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in § 802 of Title 21." This definition was subsequently adjusted by § 512 of the Americans with Disabilities Act to address certain situations related to substance abuse treatment.)
HALFWAY HOUSE
A noninstitutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house (community corrections center) operates under the rules and regulations of the Pennsylvania Department of Health or Department of Corrections or similar authorities. The residents are provided full-time supervision and counseling on employment, vocations, finances and community living.
HAZARDOUS MATERIAL
Materials which are classified by the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, or North Newton Township as having the potential to damage health or impair safety. Hazardous materials include but are not limited to inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, arsenic and their common salts, lead, coal tar acids, such as phenols and cresols and their salts, petroleum products, and radioactive material. Also included are floatable materials with the potential to cause physical damage, such as logs, storage tanks and large containers, located in flood-prone areas.
HAZARDOUS WASTE
Any substance classified by the U.S. Environmental Protection Agency, the Pennsylvania Department of Environmental Protection or the Township as having the potential to damage health or impair safety, including garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility, and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(NOTE: "Hazardous waste" shall also include any added components from the Solid Waste Management Act of July 7, 1980, P.L. 380, No. 97, as amended.[10])
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 the storage or treatment for any time span other than the normal transportation time through the Township.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, or outpatient clinic.
HEIGHT
The vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.
HELIPORT
An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HELISTOP
A heliport but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted as an incidental use in the resident's dwelling unit.
HOMEOWNERS' ASSOCIATION
A community association which is organized in a development in which individual owners share common interests in open space or facilities.
HOSPITAL
A building or part thereof used for medical, psychiatric, obstetrical, or surgical care on a twenty-four-hour basis. The term "hospital" shall include facilities used for medical research and training for health care professions, general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such other facilities which provide inpatient care. The term "hospital" shall not include any facility in which is conducted the housing of the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony. A hospital shall be licensed as such by the Commonwealth of Pennsylvania.
HOTEL
A building designed for occupancy primarily as the temporary abiding place of individuals who are lodged with or without meals. A conference/convention center may be part of the hotel.
HUB HEIGHT
The distance measured from the surface of the tower foundation to the highest point of the wind turbine hub to which the blade is attached.
IMPERVIOUS MATERIAL (SURFACE)
Any natural or man-made material utilized to cover, pave, resurface or compact any portion or area of a lot, so as to substantially reduce or prevent the infiltration of stormwater into the ground beneath it. It includes surfaces such as compacted clay, any form or mixture of concrete, asphalt, tar or similar substances, as well as roof areas of buildings and other structures.
IMPROVEMENTS
Those physical additions, installations and changes required to render land suitable for the use intended, including, but not limited to, grading, paving, curbing, streetlights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and other public utilities and street shade trees, and improvements to existing watercourses.
INCIDENTAL BUSINESS
A retail business, personal service, or business service activity that is secondary to the principal residential use on the lot and is conducted by the business owner, who resides on the site. Incidental businesses shall not include vehicle sales, fueling stations, eating and drinking establishments, liquor stores, and adult-related uses.
INDUSTRIAL PARK
A tract of land laid out in accordance with an overall plan for a group or community of industries, including the servicing of those industries, with separate building designed and arranged to insure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, architectural control, setbacks and use requirements.
INOPERABLE MOTOR VEHICLE
A vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that shall be without a valid current registration plate or valid current certificate of inspection, or any vehicle in a major or severe state of disrepair.
JUNK
Any and all forms of waste, scrap, discarded materials or articles or parts thereof and shall include, but not be limited to, scrap metal, used, scrapped, or abandoned building materials, inoperable, scrapped, abandoned or junked motor vehicles or parts thereof, machinery, appliances, furniture, farm machinery, or other nonfunctional equipment.
JUNKYARD
A lot, land, or structure, or part thereof, used for the collection, dismantling, storage or salvaging of junk or for the sale of parts thereof.
KENNEL
A state-licensed facility through the Department of Agriculture, containing indoor and outdoor housing facilities for the sheltering of four or more canines in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended or revised.
A. 
The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;
B. 
A subdivision of land.
C. 
Any improvement(s) since July 2007 that cumulatively create an area of impervious surface on the parcel of 10,000 square feet or more.
D. 
The following are exempted from the definition of "land development":
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(3) 
The addition or conversion of a building for rides within the confines of an enterprise, which would be considered an amusement park. For the purpose of this subsection, an "amusement park" is defined as a tract or area used principally as a location for a permanent amusement structures or rides. This exclusion shall not comply to newly acquired acreage by an amusement park until initial land for the expanded area have been approved by the proper authorities.
LAND USE PERMIT
A permit issued for authorizing construction of structures requiring inspection under the Uniform Construction Code.[11]
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 conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE PLAN
A component of a development plan, if required, on which is shown proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features, grade changes, buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the Township.
A. 
That form of lighting wherein the light passes from the source through a translucent cover or shade.
B. 
That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
C. 
That form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LIVESTOCK
Any wild or domestic animal of, or related to, the bovine, equine, swine or sheep family. Includes llamas, alpacas, and similar animals.
LOADING SPACE
An off-street space on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise or materials and which abuts in or has access to a street.
LONG-TERM-CARE NURSING CENTER
A facility defined and licensed by the Commonwealth of Pennsylvania Department of Health in accordance with Title 28 of the Pennsylvania Code, Chapter 201. The facility provides skilled or intermediate nursing care services 24 hours a day and seven days a week to individuals who do not require more intensive hospital-based care.
LOT
A designated parcel, tract, plat or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
A. 
The area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street right-of-way, but including the area of any easement.
B. 
A lot at the junction of and abutting on two or more intersecting streets or private roads.
C. 
A lot not meeting minimum frontage requirements and where access to the public road is by a fifty-foot-wide strip of land that is a part of the lot but that is not used in determining the applicable minimum lot area requirement. The lot area of a flag lot shall be calculated by using only that portion of the lot that satisfies the minimum lot dimensions.
D. 
A lot other than a corner lot.
E. 
The horizontal distance between the side lines of a lot measured at the minimum building setback line. Where there is only one side lot line, lot width shall be measured between such lot line and the opposite lot line or future right-of-way line. The width of a lot on a cul-de-sac is measured as the chord distance length of the minimum building setback line.
F. 
A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
G. 
A lot having frontage on two parallel or nonintersecting streets. In the case of a lot fronting on streets of different classifications, access to the lot shall be from the lower-classified roadway.
LOT COVERAGE
A percentage of the lot which has an impervious surface.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way.
LOT, DEPTH
The horizontal distance measured between the street right-of-way and the closest rear property line. On a corner and reverse frontage lot, the depth shall be measured from the street right-of-way line of the street address to the directly opposite property line.
MANUFACTURING
The processing and/or converting of raw unfinished or finished materials, or products, or any, or either of them, into an article or substance of different character, or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MEMBERSHIP CLUB
An area of land or building used by a recreational, civic, social, fraternal, religious, political, or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, but not including members of the general public. These uses are restricted to those not conducted primarily for gain, although a restaurant may be operated primarily to serve members and their guests. This use shall not include boardinghouse, restaurant open to the general public, or an auditorium, unless that particular use is permitted in that district and the applicable requirements of that use are met.
METEOROLOGICAL TOWER
A tower used for the measurement of wind speed.
MINI STORAGE WAREHOUSES
A facility providing for the enclosed storage of household items, vehicles, or recreational equipment, where said items are retained for direct use by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.
MIXED-USE DEVELOPMENT
The development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the necessary utility connection and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOBILE HOME SALES LOT
An open lot for the outdoor display of new or used mobile homes.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances, and designed for temporary occupancy by primarily transient automobile travelers and providing for accessory off-street parking facilities.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as a use which is clearly secondary to the residential use of the 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.
NONPARTICIPATING LANDOWNER
Any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
NONCONFORMING LOT
See "lot, nonconforming."
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment thereto 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.[12]
NURSERY, HORTICULTURE
Any lot or parcel of land used to cultivate, propagate, grow and/or sell trees, shrubs, vines, and other plants including the buildings, structures, and equipment customarily incidental and accessory to the primary use.
NURSING OR CONVALESCENT HOME
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons.
OCCUPIED BUILDING
A residence, school, hospital, church, public library, commercial building or other building used for public gathering that is in use when the permit application is submitted.
OFF-STREET PARKING
A temporary storage (surface or structure) for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedication right-of-way, and is located upon the same lot as a principal use or, in the case of joint parking, within close proximity.
OFFICE
A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall not include retail or industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.
OPERATOR
The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
OUTDOOR STORAGE
The keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
OVERLAY ZONE
A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.
PARCEL
A lot, plot or tract of land designated by any legally recorded or approved means as a single unit. The term includes, but is not limited to, tax parcels, lots or deeded areas.
PARKING LOT
Any lot, municipally or privately owned for off street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or may be provided for a fee.
PARKING SPACE
The space within a building, or on a lot or parking lot, for the parking or storage of one motor vehicle.
PARTICIPATING LANDOWNER
A landowner upon whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
PARTY WALL
A common shared wall between two separate structures, buildings, or dwelling units.
PEDESTRIAN WALKWAY
A specified easement, walkway, path, sidewalk or other reservation which is designed and used exclusively by pedestrians.
PERSONAL SERVICE ESTABLISHMENT
Service activities shall include and be similar to barbershops, beauty salons, health spas, massage parlors; photographic studios; self-service laundry and dry-cleaning establishments, laundromats; radio and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches; tailor and dressmaking shops; and pet grooming with no overnight boarding. Personal service establishments shall not be construed to be adult-related uses as defined herein.
PLAN
See "plat."
PLAN, SKETCH
An informal plan indicating salient existing features of a tract and its surroundings and the general layout of proposed subdivision or land development. The sketch plan does not constitute a formal submission of a preliminary or final plan and is voluntarily offered to all applicants for guidance.
PLAT
The map or plan of a subdivision or land development whether preliminary or final. (For the purpose of this chapter, the terms "plat" and "plan" have the same meaning.)
PREAPPLICATION CONFERENCE
An initial meeting between developers and the Zoning Officer/Code Enforcement Official and/or Township Engineer which affords applicants and/or developers the opportunity to present their proposals informally.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of the first or second class as designated by the USDA Natural Resource and Conservation Services county soil survey.
PRINCIPAL SOLAR ENERGY SYSTEM
See "solar energy system, principal."
PRINCIPAL USE
The main or primary use of property, buildings or structures.[13]
PRIVATE STREET/ROAD
A nonpublic right-of-way which provides vehicular access to one or more lots.
PROCESSING
A function which involves only the cleaning, sorting, sizing, packaging, or any combination thereof, of products and materials.
PROFESSIONAL OFFICES
Includes but are not limited to offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians, banks, financial institutions, contractors (excluding storage) and similar office-oriented uses.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned and operated facilities;
C. 
Publicly owned or operated scenic and historic sites.
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 in accordance with the Pennsylvania Municipalities Planning Code.[14]
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq., as amended.[15]
PUBLIC NOTICE
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC PARKS AND RECREATION AREAS
Locations for leisure-time activities, including but not limited to sports and entertainment that are open to anyone without restriction, except for the rules and standards of conduct and use.
PUBLIC RECREATION FACILITY
Recreation facilities owned and/or operated by an agency of the municipality or other governmental body, including but not limited to parks, swimming pools, golf courses, etc.
PUBLIC STREET/ROAD
A street ordained or maintained or dedicated and accepted by a borough, city, township, county, state or federal governments and open to public use.
PUBLIC UTILITY, BUILDING AND STRUCTURES
Any structure which belongs to a public utility for uses such as electrical, telephone, gas, water and sewer which are regulated by the PUC or any other governmental agency.
QUARRY
A lot or land or part thereof used for the purpose of extracting stone, sand, clay, gravel, or topsoil for sale, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RECYCLING CENTER
A building or site that is not a junkyard, at which recoverable resources such as newspaper, cardboard, glass, plastic containers, and/or metal cans are collected, separated, stored, flattened, crushed or bundled prior to shipment to others for further treatment or reprocessing.
REPAIR SERVICES
Shops for the repair of appliances, watches, guns, bicycles and other household items.
RESTAURANT
A public eating place primarily offering sit-down counter or table service and custom-prepared foods for on-premises consumption.
RETAIL BUSINESS
Retail business shall include variety stores, apparel stores, florists, drugstores, grocery stores, eating and drinking establishments, liquor stores, antique shops, music shops, sporting goods stores, book, stationery, magazines, candy and tobacco shops, and other activities that sell merchandise and other products on a retail basis.
RETIREMENT FACILITY
Planned development designed to meet the needs of, and exclusively for, the residence of senior citizens.
RIGHT-OF-WAY
An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
RIPARIAN BUFFER AREA
An area of land adjacent to a perennial or intermittent stream.
ROADSIDE STAND
A prospective use, intended for limited duration, for the display and retail sale of agricultural products.
ROTOR
That portion of the wind turbine, i.e., blades and associated hub and shaft, which is intended to be moved or activated by the wind.
SANITARY FACILITY, LANDFILL OR INCINERATOR
Land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place or where hazardous waste is treated, stored or disposed. The term includes land thereby used or affected during the lifetime of operations, including areas where solid waste management actually occurs, support facilities, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities, contiguous borrow areas and other activities in which the natural land surface has been disturbed or used as a result of or incidental to operation of the facility. A waste facility must meet the requirements of Title 25 of the Commonwealth of Pennsylvania Code, Article VII to Article IX, and any state or federal act or laws, as applicable and amended, such as the Solid Waste Management Act,[16] the Clean Streams Law,[17] and all applicable federal regulation, such as the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 to 6992 and 40 CFR Parts 260 to 279. A waste disposal or processing plant may include landfills, incinerators, impoundment, transfer facilities, composting facilities or resource recovery facilities, as defined in the Pennsylvania Code.
SCHOOL
Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL, COMMERCIAL
A school conducted for profit for such instruction as business, art, music, trades, handicraft, dancing or riding.
SCHOOL, VOCATIONAL
Same as elementary and secondary school, except that the primary activity is training in a trade or vocation.
SCREEN PLANTING
A vegetative material of sufficient height and density to conceal from the view of adjoining properties the structures and uses on the premises on which the screen planting is located.
SCREENING
The provision of a barrier to visibility, airborne particles, glare and noise between adjacent properties uses and/or districts composed entirely of trees, berms, shrubs, privacy fences, walls and/or other similar type materials.
SETBACK
The distance between the building and any lot line.
SETBACK LINE
See "building setback line."
SEWAGE DISPOSAL SYSTEM (ON LOT)
Any system designed to eliminate sanitary sewage within the boundaries of the lot the system serves.
SEWAGE DISPOSAL SYSTEM (PUBLIC OR COMMUNITY)
A sanitary sewage collection method in which sewage is carried from the site by a system of pipes to the central treatment and disposal plant.
SHADOW FLICKER
Alternating changes in light intensity caused by a moving wind rotor blade casting shadows on the ground and stationary objects.
SIDEWALK
A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIGHT DISTANCE
The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
SIGN
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This excludes national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of governments.
SIGN, AREA
The area of a sign including all lettering, wording, and accompanying design and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
SIGN, AWNING, CANOPY OR MARQUEE
A sign that is mounted, painted or attached to an awning, canopy or marquee that is otherwise permitted by ordinance.
SIGN, BILLBOARD
See "sign, off-premises."
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN, DIRECTIONAL
Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, FACE
The area or display surface used for the message.
SIGN, FREESTANDING
A sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
300 Sign Types.tif
SIGN, GROUND
Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
SIGN, HEIGHT
The vertical distance measured from the average surrounding ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols, when not accompanied by lettering, shall not be restricted by the sign heights of this chapter when attached to a tower or spire of a house of worship.
SIGN, OFF-PREMISES
A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.
SIGN, PROJECTING
A sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.
SIGN, REAL ESTATE
A sign relating to the property upon which it is located, offering such property for sale or lease.
SIGN, ROOF
A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof the eave line of a building with a gambled or gable or hip roof, or the deck line of a building with a mansard roof.
SIGN, TEMPORARY
Any sign or advertising display constructed of cloth fabric, plywood, or other light material and designed or intended to be displayed for a short period of time.
SIGN, WALL
A sign primarily supported or painted on a wall of a building. A wall sign shall also include a sign displayed upon an awning, marquee or canopy.
SIGN, WINDOW
A sign which is attached to a window or transparent door or that can be read through a window or transparent door.
SIMILAR USE
A use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele.
SLOPE
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SOLAR EASEMENT
A solar easement means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY SYSTEM, ACCESSORY
An area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more freestanding ground, or roof-mounted solar arrays or modules, or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
SOLAR ENERGY SYSTEM, PRINCIPAL
An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
SOLAR PANEL
That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
A. 
A grouping of multiple solar modules with purpose of harvesting solar energy.
B. 
The smallest basic solar electric device which generates electricity when exposed to light.
C. 
A grouping of solar cells with the purpose of harvesting solar energy.
SOLID WASTE TRANSFER FACILITY
Land or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application.
SPECIAL EXCEPTION USES
A use permitted in a particular zoning district and approved by the Zoning Hearing Board pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.[18] A special exception use must be approved by the Zoning Hearing Board.
STABLE, BOARDING/RIDING
A structure designed for the feeding, housing, and/or exercising of horses, and where horses are kept for sale, hire, riding, and/or stabled for compensation.
STEEP SLOPE
Land with a 15 feet or greater change in elevation 100 feet or less in horizontal distance or, in other terms, 15% or greater on the average. The following formula is the acceptable method of determining average slope:
300 Equation.tif
Where:
S
=
Average percent slope of site
I
=
Contour interval in feet
L
=
Sum of the length of contours in feet
A
=
Land area in areas of parcel being considered
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other way, whether public or private, used or intended to be used by vehicular traffic or pedestrians.
STREET WIDTH
The distance between street lines measured at right angles to the center line of the street.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER
The owner or authorized agent of the owner of a lot, tract or parcel of land to be subdivided for sale or land development under the terms of this chapter.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development; provided, however, that the subdivision or lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds 50% of the fair market value of a property either before the improvement is started or, if the property has been damaged and is being restored, before the damage occurred.
TOTAL HEIGHT
When referring to a wind turbine, the distance measured from the surface of the tower foundation to the highest point of a wind rotor blade when the blade is positioned at 90° to the surface of the ground.
TOWER
The supporting structure of a wind turbine on which a rotor and accessory equipment are mounted. The basic types of towers include self-supporting (freestanding) or guyed.
TRAILER
See "mobile home."
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
Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
USE
The specific purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
USE, ACCESSORY
See "accessory use."[19]
USE, NONCONFORMING
See "nonconforming use."[20]
USE, PRINCIPAL
See "principal use."[21]
UTILITY LINE
A line built and maintained in order to transport materials, utilities or services by underground or aboveground means, including gas, electric, oil, cable, water, sewage, telephone, fiber optic cables, stormwater, computer lines and other lines.
VARIANCE
The permission granted by the Zoning Hearing Board for an adjustment to some regulation which if strictly adhered to would result in an unnecessary hardship, where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of this chapter. (See § 300-154.)
VEGETATIVE COVER
An area covered with a vegetative material: grass, shrubs, vines and trees.
VEHICLE AND EQUIPMENT REPAIR GARAGE
An area where repairs, improvements and installation of parts and accessories for motor vehicles, equipment, and/or boats are conducted. A vehicle and equipment repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding or transmissions.
VETERINARY
See "animal hospital."
WAREHOUSE
A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WATERCOURSE
A stream of water, river, brook, creek, or channel or ditch for water, whether natural or man-made.
WETLANDS
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (This is the definition used by U.S. Environmental Protection Agency and U.S. Army Corps of Engineers.)
WIND ENERGY FACILITY
An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmissions lines and other appurtenant structures and facilities.
A. 
A system designed as a secondary use on a lot, herein the power generated is used primarily for on-site consumption.
B. 
A system designed as the primary use on a lot, wherein the power generated is used primarily for off-site consumption.
WIND TURBINE
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
300 Wind Turbine.tif
YARD LINE
See "building setback line."
YARD, BUFFER
See "buffer yard."
YARD, DEPTH
The shortest distance between a lot line and a required setback line.
YARD, FRONT
A space parallel to the front lot line and extending the full width of the lot between a required front setback line and the front lot line.
YARD, REAR
A space parallel to the rear lot line and extending across the full width of the lot between the required rear setback line and the rear lot line.
YARD, SIDE
A space parallel to the side lot line and extending from the front yard to the rear yard between the required side setback line and the side lot line.
Required Yard Setbacks
300 Setbacks.tif
ZONING DISTRICT
A section of a municipality designated in the Zoning Ordinance text and delineated on the Zoning Map, in which requirements for the use of land and building and development standards are prescribed.
ZONING MAP
The map setting forth the boundaries of the zoning districts of North Newton Township which shall be part of this chapter.
ZONING OFFICER
The administrative officer appointed by the North Newton Township Board of Supervisors to administer the Zoning Ordinance and issue zoning permits.
ZONING PERMIT
A document signed by a Zoning Officer, as required in the Zoning Ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, that acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The Municipality Authorities Act of 1945 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). The Municipality Authorities Act is now located at 53 Pa.C.S.A. § 5601 et seq.
[4]
Editor's Note: See Ch. 140, Construction Codes, Uniform.
[5]
Editor's Note: See Ch. 140, Construction Codes, Uniform.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[8]
Editor's Note: See 68 Pa. C.S.A. § 5101 et seq.
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[10]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[11]
Editor's Note: See Ch. 140, Construction Codes, Uniform.
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[13]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[14]
Editor's Note: See 53 P.S. § 10101 et seq.
[15]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[16]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[17]
Editor's Note: See 35 P.S. § 691.1 et seq.
[18]
Editor's Note: See 53 P.S. §§ 10601 et seq. and 10901 et seq., respectively.
[19]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[20]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[21]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).