[Ord. 275, 2/9/2000, § 201]
1.
General Interpretation. For the purposes of this Chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
The singular shall include the plural, and the plural shall include
the singular.
C.
The masculine gender shall include the feminine and the neuter and
vice-versa.
D.
The word "shall" is always mandatory, and the word "may" or "should"
is always permissive.
E.
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 occupied.
F.
Any word or term not defined in this Chapter shall be used with a
meaning of standard usage.
G.
If a term is not defined in this Zoning Ordinance, but is defined
in the Subdivision and Land Development Ordinance (SALDO), the definition
in the SALDO shall also apply to this Zoning Ordinance. If a term
is not defined in the Zoning Ordinance and is not defined in the SALDO,
but is defined in the Stormwater Management Ordinance, then the definition
in the Stormwater Management Ordinance shall apply to this Zoning
Ordinance. If a term is not defined in any of those ordinances, then
the Zoning Officer shall determine a definition based upon the plain
and ordinary meaning of the term, within the context of the provision.
A standard reference dictionary should be consulted in such case.
[Added by Ord. No. 393, 9/11/2019]
[Ord. 275, 2/9/2000, § 201; as amended by Ord.
290, 3/9/2005, § 1; by Ord. 307, 3/29/2006, § 5;
by Ord. 351, 4/10/2012, § 2; by Ord. 356, 12/12/2012, § 2;
by Ord. 357, 12/12/2012, § 2; by Ord. 368, 6/11/2014, § 1;
and by A.O.]
When used in this Chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
Any motor vehicle outside of a fully enclosed building.
Next to or adjacent to, and includes the words "directly
across from streets, natural features, and rights-of-way."
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth pursuant to the Act.[1]
[Added by Ord. 379, 2/8/2017]
A privately owned, constructed, and maintained vehicular
access from a public or private street to four or more off street
parking spaces or to at least one loading space.
A building (such as a private garage, private tollhouse or
children's playhouse or a noncommercial greenhouse) which is subordinate
and accessory to a principal building on the same lot and which is
used for purposes customarily incidental to those of the principal
building.
A structure serving a purpose customarily incidental to the
use of the principal building and located on the same lot as the principal
building.
A use subordinate and customarily incidental to the principal
use on the same lot.
43,560 square feet.
An amendment to the Pennsylvania Appalachian Trail Act that
authorizes actions to protect the Appalachian Trail corridor.
[Added by Ord. No. 393, 9/11/2019]
A use involving the process of converting an existing traditional
farm building or structure, including but not limited to barns and
silos, to a new use other than that for which the traditional farm
building or structure was originally designed and used in a manner
consistent and compatible with existing agricultural uses by maintaining
exterior integrity and adapting the interior to the new use. The adaptive
reuse of existing agricultural structures is intended to help the
preservation, restoration and maintenance of said structures, provided
the nature and conduct of such adaptive use shall enhance and preserve
the exterior integrity of the structures; enhance and preserve the
aesthetic appearance of the remainder of the property; and maintain
the general character of the agricultural use.
[Added by Ord. No. 388, 6/13/2018]
A state of being side by side, next to, adjoining, contiguous,
or abutting one to another.
A commercial establishment having as a substantial or significant
portion of its stock-in-trade, books, magazines, photographs or other
materials which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" (as defined in this Section) or an
establishment with a segment or section devoted to the sale or display
of such material.
An enclosed building or outdoor theater used for presenting
motion pictures, slides or video tapedisks or similarly reproduced
images distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified anatomical areas" (as defined
in this Section) for observation by patrons therein.
A use that involves the bulk wholesale sale, storage, treatment,
packaging, bottling and/or processing of agricultural crops, such
as a feed mill, a winery or a cider processing facility. This term
may also include composting of agricultural crops or yard waste, commercial
greenhouses or aquaculture. This term shall not include a slaughterhouse,
a tannery, a water extraction use for off-site nonagricultural consumption,
bulk composting of manure generated by multiple different agricultural
operations, industrial processing, burning or drying of sewage sludge
or septage, or composting of meat processing waste.
[Added by Ord. No. 388, 6/13/2018; amended by Ord. No.
393, 9/11/2019]
The raising and keeping of field crops for any commercial
purpose. "Agriculture" does not include animal husbandry, or commercial
forestry. Agriculture does include "silviculture." An agricultural
use may be combined with one dwelling unit on the same lot, provided
that the requirements are met for the dwelling, regardless of whether
the agricultural land is leased or not to another operator.
[Amended by Ord. No. 393, 9/11/2019]
A public or private way affording only secondary means of
access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
A building, structure, or area of land where animals are
given medical care, other than the premises where such animals are
normally kept.
The raising and keeping of livestock or poultry for any commercial
purpose. The keeping of livestock or poultry as farm pets or for domestic
purposes pursuant to the regulations of this Chapter and the raising
of garbage-fed pigs or minks shall not be construed as animal husbandry.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include "tower-based
wireless communications facilities" as defined in this Section.
[Added by Ord. 380, 4/3/2017]
A trail extending from Maine to Georgia that is managed by
the National Parks Service, and which is maintained by volunteer trail
organizations with the assistance of the Appalachian Trail Conservancy.
[Added by Ord. No. 393, 9/11/2019]
A volunteer-based organization dedicated to the preservation
and management of the natural, scenic, historic, and cultural resources
associated with the Appalachian National Scenic Trail.
[Added by Ord. No. 393, 9/11/2019]
The cultivation of plants, fish and/or shellfish for commercial
purposes in an aquatic environment; fish farming.
A building containing a stage and seating for meetings and
performances.
Buildings and land where gasoline and other automobile parts
and supplies are sold at retail and where major repairs are conducted.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail
and where minor repairs are conducted. Uses permissible at a service
station do not include major mechanical and body work, straightening
of body parts, painting, welding, or other work involving noise, glare,
fumes, smoke, or other characteristics to an extent greater than customary.
Outside storage of inoperable or unlicensed vehicles at service stations
is limited to a maximum two-day period of time for each such vehicle.
The dismantling or disassembling of used motor vehicles or
recreation vehicles, or the storage, sale, or dumping of dismantled,
partially dismantled, obsolete, or wrecked vehicles or their parts.
An open area, other than a street, used for the display,
sale, or rental of new or used motor vehicles, recreation vehicles,
or boats in operable condition, and where no major repair work is
done.
An establishment for receiving, keeping, lending or, sometimes
issuing money and making easier the exchange of funds by checks, notes,
etc. It includes savings and loan, finance companies, credit unions
and other similar enterprises.
A structure, other than a tower, that currently supports
or houses an antenna, transceiver, or other associated equipment that
constitutes part of a base station at the time the application is
filed, even if the structure was not built for the sole or primary
purpose of providing such support. It does not include structures
that do not, at the time of application, support or house base station
components.
[Added by Ord. 380, 4/3/2017]
A story in a building (excluding a subterranean building)
which has a structural ceiling five feet or more above the average
level of finished grade abutting the exterior wall(s) fronting on
any road. A basement shall be counted as one story in determining
the permissible number of stories.
A residential use consisting of one dwelling unit with no
more than six rooms or suites that may be rented to transient guests
for overnight or weekly accommodation for a fee. Only the breakfast
meal may be prepared for the guests by the proprietor and no other
meals are provided by the proprietor. The rented rooms do not contain
cooking facilities and do not constitute separate dwelling units.
[Added by Ord. No. 388, 6/13/2018]
An indoor establishment in which legal betting activities
are conducted, including pari-mutual wagering activities, but excluding
"games of chance" under the Local Option Small Games of Chance Act,
10 P.S. § 311 et seq. The term shall specifically include
"nonprimary locations" as defined in the Race Horse Industry Reform
Act, as amended, 35 P.S. § 325.101 et seq.[2]
Property bounded on one side by a street, and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Township line, tract of land held in separate ownership, or any combination
thereof.
The Zoning Hearing Board of the Township of Plainfield.
The Board of Supervisors of the Township of Plainfield.
A dwelling in which the owner or tenant rents at least one
(but not more than five) rental units for residential or lodging purposes,
regardless of whether meals are furnished or not.
A structure designed as a bomb or fallout shelter under applicable
federal or state standards.
A retail restaurant/tavern restaurant establishment with
on-premises consumption of malt and brewed beverages produced on the
premises (by way of an on-site microbrewery as defined herein) or
on real property immediately adjacent to the premises (at a microbrewery
as defined herein) or at a remote location where the brew pub owner
also has an ownership interest in the microbrewery that produces the
malt and brewed beverages being consumed at the brew pub. The brew
pub must be licensed by the Commonwealth of Pennsylvania Liquor Control
Board and any successor agency of the Commonwealth of Pennsylvania.
Sales of malt and brewed beverages that are not produced on the premises,
on real property immediately adjacent to the premises, or at a remote
location where the brew pub owner also has an ownership interest in
the microbrewery that produces the malt and brewed beverages being
consumed at the brew pub are prohibited. The definition does not include
on-premises special events, which are defined within the "public special
event use accessory to a brewery, brew pub, distillery, microbrewery,
microdistillery, vineyard or winery" use.
[Added by Ord. No. 388, 6/13/2018]
A facility for the production, packaging and sampling of
malt and brewed beverages of alcoholic and/or nonalcoholic content
for retail or wholesale distribution, on or off the premises, and
which produces more than 25,000 barrels of a combination of malt and/or
brewed beverages (whether alcoholic or nonalcoholic) per year. Sales
of malt and brewed beverages of alcoholic and/or nonalcoholic content
that are manufactured outside the facility are prohibited. The definition
does not include on-premises special events, which are defined within
the "public special event use accessory to a brewery, brew pub, distillery,
microbrewery, microdistillery, vineyard or winery" use.
[Added by Ord. No. 388, 6/13/2018]
A strip of land at least 20 feet in width which may be a
part of the minimum setback distance and which is free of any principal
or accessory building, parking, outdoor storage or any other use than
open space.
A structure having a roof supported by columns or walls,
used for the shelter, housing, or enclosure of persons, animals, or
property. "Building" is interpreted as including "or part thereof."
The ratio obtained by dividing the maximum horizontal cross
section of all principal and accessory buildings on a lot by the total
area of the lot upon which the buildings are located.
Any premises for the transient housing or parking of motor-driven
business and the loading and unloading of passengers.
A club, bar, tavern, theater, hall or similar place which
features topless or bottomless dancers, entertainers or employees,
strippers, simulated sex acts, live or actual sex acts, or similar
entertainers or entertainment.
Any lot, parcel or tract of land upon which space is rented
for one or more tents, recreation vehicles, camping trailers, travel
trailers, pickup coaches, motor homes, or any combination thereof
for temporary occupancy.
The individual designated by a patient to deliver medical
marijuana.
[Added by Ord. 379, 2/8/2017]
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway designed for vehicular
traffic.
A part of the interior of a building (excluding a subterranean
building) which has a structural ceiling less than five feet above
the average level of finished grade abutting the exterior wall(s)
fronting on any road. A cellar shall not be counted as one story in
determining the permissible number of stories.
A sewage disposal system which collects, treats, and disposes
of sewage from three or more occupied lots or 10 or more dwelling
units.
A water supply system which transmits water for domestic
use from a common source to three or more occupied lots or 10 or more
dwelling units.
The acquisition, possession, use or transportation of medical
marijuana by patient, or the acquisition, possession, delivery, transportation
or administration of medical marijuana by a caregiver, for use as
part of the treatment of the patient's serious medical condition,
as authorized by certification by the Commonwealth pursuant to the
Act.[3]
[Added by Ord. 379, 2/8/2017]
Any uncontaminated, non-water-soluble, nondecomposable inert
solid material, including soil, rock, stone, gravel, unused brick,
block or concrete, or waste from clearing, grubbing and excavation,
used to level an area of land or bring an area of land to grade.
An entity that:
[Added by Ord. 379, 2/8/2017]
Holds a permit both as a grower/processor and a dispensary pursuant
to the Act;[4] and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
[Added by Ord. 380, 4/3/2017]
A mechanical, electrical or electronic (or combination thereof)
device designed to amuse, alarm, entertain, excite or thrill the user
which is used commercially and requires a fee, charge, admission or
recommendation for its use.[5]
A motor vehicle licensed by the commonwealth in a class other
than Class I or Class II.
Any area which is predominantly open space, is used principally
for active or passive recreation, and is used for a profit-making
purpose which is not considered and included under the definition
of a "commercial amusement."
The Planning Commission of the Township of Plainfield.
The Commonwealth of Pennsylvania.
[Added by Ord. 379, 2/8/2017]
An area of land and/or facility where municipal wastes, certain
organic residual solid wastes and sewage sludge are biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like
product.
The document entitled the Plainfield Township Comprehensive
Plan, or any part thereof, adopted by the Board of Supervisors.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act[6] of July 3, 1963, 68 P.S. § 700.101 et seq.,
or the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq.
A type of residential development that meets the requirements
for such use in Part 3 and which involves allowing increased flexibility
in certain dimensional zoning requirements for residential development
only while protecting designated greenway land in perpetuity.
[Amended by Ord. No. 397, 1/8/2020]
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; and the
demolition of a preexisting building, provided that further construction
be diligently carried on.
A use that primarily sells routine household goods, groceries
and prepared ready-to-eat foods to the general public, but that it
is not primarily a restaurant, and that includes a building with a
floor area of not more than 5,000 square feet. This use may also include
the accessory sale of gasoline, provided there are no more than four
gasoline pumps.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Northampton, Commonwealth of Pennsylvania.
The Joint Planning Commission for Lehigh and Northampton
Counties.
A building and/or land open to the public which contains
exhibits of a cultural interest, such as a museum, art gallery, nature
study area, etc.
A proposed zoning amendment made to the Board of Supervisors
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
A facility where animals that were killed during outdoor
hunting are butchered for food or a facility where animals that were
raised on the premises are butchered for food.
A network of spatially or geographically separated antenna
nodes that are connected to a common source (hub) through a transport
or communication medium in order to provide wireless communication
service in a specific locality.
[Added by Ord. 380, 4/3/2017]
Use involving supervisory care of people outside their home
for periods of 18 hours or less on a daily basis. This use may also
include educational programs which are supplementary to state required
education.
A use involving supervisory care of people outside their
home for periods of 18 hours or less on a daily basis. This use may
also include educational programs which are supplementary to state
required education. A minor day-care facility/nursery shall have no
more than five people.
The Pennsylvania Department of Conservation and Natural Resources.
[Added by Ord. No. 393, 9/11/2019]
The Pennsylvania Department of Environmental Protection.
[Added by Ord. No. 393, 9/11/2019]
A state of being surrounded on all sides by yards.
The diameter of a tree is measured at a height of 4.5 feet
above the ground, on the uphill side of the stem, using a tree caliper,
a diameter tape or a Biltmore stick.
An embankment constructed as a barrier to control the flow,
hold back or raise the level of water, consisting of a top width and
front and rear embankment slopes.
[Added by Ord. No. 393, 9/11/2019]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit issued by the Department of Health
(DOH) of the Commonwealth to dispense medical marijuana pursuant to
the provisions of the Act.[7]
[Added by Ord. 379, 2/8/2017]
Any building or structure used to dispense Medical Marijuana
by a licensed Dispensary.
Any premises or plant wherein alcohol or liquor is manufactured,
made and distilled from raw materials, blended or rectified, or any
place wherein alcohol or liquor is produced by any method suitable
for the production of alcohol for human consumption under such regulations
as are or may be promulgated by a proper agency of the United States
Government. The term shall include an accessory tasting room and retail
sales area and/or restaurant. A tasting room allows customers to taste
samples of products manufactured on-site and purchase related sales
items. Sales of alcohol manufactured outside the facility are prohibited.
The term shall not include a "winery" where alcohol is derived from
by-products of wine production by distillation for the sole purpose
of adding to the fermented products to fortify the same. The definition
does not include on-premises special events, which are defined within
the "public special event use accessory to a brewery, brew pub, distillery,
microbrewery, microdistillery, vineyard or winery" use.
[Added by Ord. No. 388, 6/13/2018]
A portion of the territory of the Township within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this Chapter.
Any physical activity that results in the modification of
topography by cutting or filling, stripping of topsoil, and/or placing
of physical structures or improvements thereon.
The outside edge of the area located directly beneath the
canopy of a plant upon which rain is intercepted before it falls to
the ground.
A privately owned, constructed, and maintained vehicular
access from a street or access drive to three or less off-street parking
spaces.
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof, or waste material of any kind.
A building containing one or more dwelling units. The term
"dwelling" shall not be deemed to include automobile court, rooming
house, tourist home, hotel, motel, hospital, nursing home, dormitory,
fraternity, sorority house, or other group residence.
SINGLE-FAMILY DETACHED DWELLINGA detached building containing only one dwelling unit. The term "single-family detached dwelling" shall be deemed to include a factory built "modular home" placed on a permanent perimeter foundation.
MODULAR HOME (defined by the Pennsylvania Industrialized Housing Act, 35 P.S. § 1651.1 et seq.)Any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site; housing units defined as mobile homes are excluded from this definition.
MOBILE/MANUFACTURED HOMEA transportable, single-family dwelling designed so that it can be used for permanent occupancy, contained in one unit or in two 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 with or without a permanent foundation. Mobile/manufactured homes shall be constructed in accordance with the Safety and Construction Standards of the U.S. Department of Housing and Urban Development. The term "mobile/manufactured home" shall not be deemed to include "recreation vehicle" nor a "modular home" placed on a permanent perimeter foundation.
TWO-FAMILY DWELLINGA detached building containing two dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of both dwelling units shall comply with all requirements for a two-family dwelling in that district.
MULTIPLE-FAMILY DWELLINGA building containing three or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple-family dwelling shall comply with all of the requirements for that type of multiple-family dwelling in that district.
LOW-RISE MULTIPLE-FAMILY BUILDINGA multiple-family dwelling (including townhouses, garden apartments, and other housing types) which do not contain more than six dwelling units, does not exceed three stories in height, and in which each dwelling unit has an independent outside access.
GARDEN APARTMENTA low-rise multiple-family building in which individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to a common cellar.
TOWN HOUSEA low-rise multiple-family building in which each dwelling unit extends from ground to roof and contains two points of independent outside access.
LOW-RISE APARTMENTA multiple-family dwelling not exceeding three stories in height, in which each dwelling unit shares a common outside access with one or more dwelling units.
HIGH-RISE APARTMENTA multiple-family dwelling over three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit and elevators serve each floor.
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities, and having outside access directly from the dwelling unit
or through a common access hall.
A condition that:
[Added by Ord. 380, 4/3/2017]
A tree having foliage that persists and remains green throughout
the year.
[Added by Ord. No. 393, 9/11/2019]
One or more persons related by blood, marriage, or adoption
(or a group of not more than five persons not related by blood, marriage,
or adoption) living together in a single dwelling and maintaining
a common household. The term "family" shall be deemed to include any
domestic employees or gratuitous guests, but shall not include any
roomer, boarder, or lodger.
A man-made body of water at least 2,000 square feet in area,
primarily used for agricultural or recreational purposes, but not
primarily used for swimming.
Federal Communications Commission.
[Added by Ord. 380, 4/3/2017]
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
Any clean soil or rock materials (sand or clay) used to raise
the ground elevation.
A place where fire engines and fire equipment are kept.
The total area of all floors, as measured to the outside
surfaces of exterior walls (or from the center line of party walls
separating two buildings), but excluding cellars, crawl spaces, garages,
carports, attics without floors, open porches, balconies, and terraces.
Shall have the same meaning as "Woodland."
[Added by Ord. No. 393, 9/11/2019]
The aerial cover formed by the crowns of trees with a DBH
of more than eight inches.
[Added by Ord. No. 393, 9/11/2019]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
[Amended by Ord. No. 393, 9/11/2019]
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variant and quantity or percentage
of medical marijuana or particular active ingredient.
[Added by Ord. 379, 2/8/2017]
The public right-of-way area located directly in front of
a physical structure.
[Added by Ord. 380, 4/3/2017]
An auto service station which also sells convenience store
items as an accessory use.
Municipal, county, state or federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments.
The elevation of finished ground or paving.
A parcel or parcels of land and/or water, within a conservation
development, set aside for the protection of natural and cultural
resources. Greenway land is permanently restricted against future
development. The terms "greenway" and "greenway land" are synonymous.
[Added by Ord. No. 397, 1/8/2020]
The number of dwelling units per total area of land, including
streets and other rights-of-way, parking areas and yards and other
open spaces.
A building occupied as a residence by no more than six residents
who receive twenty-four-hour resident supervision, licensed under
an applicable state program.
Involves the care of between two and 20 persons who are not
related to each other by blood, marriage, adoption or formal foster
relationship.
Involves the care of persons who need nonroutine support services
and oversight in order to reasonably function, because of physical
illness of infirmity, old age, physical disability, mental illness,
mental retardation or emotional disability, but that is not a criminal
treatment center or substance abuse center.
Involves persons residing in a family-like residential environment.
Operates under an applicable license or certification from the
appropriate state or county agency.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit from the DOH to grow and process
medical marijuana in the Commonwealth, pursuant to the provisions
of the Act.[8]
[Added by Ord. 379, 2/8/2017]
Any building or structure used to grow medical marijuana
by a licensed grower/processor that has a current and valid license
from the DOH pursuant to the Act.[9]
[Added by Ord. 379, 2/8/2017]
Those wastes where significant potential exists for causing
adverse public health or environmental impacts. For the purpose of
this Chapter, hazardous wastes include those defined as "hazardous
wastes" in the Pennsylvania Department of Environmental Protection
Rules and Regulations, §§ 275.260 — 276.261,
25 Pa. Code.
An area or facility used to promote, produce or maintain
the health of the public or its members for a fee.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added by Ord. 380, 4/3/2017]
The vertical distance derived from the average finished grade
at the foundation corners of the building or structure, to the highest
point of the building or structure excluding a chimney, spire, tower,
elevator, tank or other similar structure.
An area of land, water or a structural surface which is designed,
used or intended to be used for the landing and take-off of helicopters,
and any appurtenant areas which are designed to be used for helicopter
support facilities such as maintenance, refueling and parking. All
heliports shall be approved and shall meet all the applicable state
and federal regulations for their use.
PUBLIC USE HELIPORTAny heliport open to the general public and not requiring prior permission of the owner and/or operator to land.
PRIVATE USE HELIPORTAny heliport that restricts usage to the owner and/or operator or to persons authorized by the owner and/or operator.
An accessory use for commercial gain customarily conducted
within a dwelling which is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and does not change its
character.
A building used for the diagnosis, treatment or other care
of human ailments. Unless otherwise specified, "hospital" shall be
deemed to include a sanitarium, sanatorium, clinic, medical center
or other equivalent use.
A building or group of buildings which contains six or more
rental units for overnight lodging of travelers or for the temporary
occupancy of transients, licensed under applicable laws.
A document issued by the DOH that permits access to medical
marijuana.
[Added by Ord. 379, 2/8/2017]
Any area covered by a structure or other cover, including
asphalt and tar blacktopping, which is incapable of being penetrated
by moisture.
An area of land with an appurtenant enclosed structure in
which controlled combustion is used for the primary purpose of thermally
breaking down solid waste, which is equipped with a flue, and which
is approved by the Pennsylvania Department of Environmental Protection
regulations.
Those plants listed on the DCNR publication entitled "Invasive
Plants in Pennsylvania."
[Added by Ord. No. 393, 9/11/2019]
International Society of Arboriculture.
[Added by Ord. No. 393, 9/11/2019]
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, garbage, refuse, paper, glass, containers
and structures. It shall not include, however, refuse or garbage kept
in a proper container for the purpose of prompt disposal.
Any place where any junk or abandoned or junked motor vehicles
are stored, disposed of or accumulated.
Any lot on which six or more mature (over six months of age)
dogs or cats are kept.
Shall consist of all the following: sink with piped water,
a permanent cookstove and/or a refrigerator.
Any change of the land surface including removing trees or
vegetative cover, excavation, filling, grading and/or the construction
of any structure. This term shall not include the following: removal
of hazardous or invasive vegetation; customary agricultural practices
such as tilling, plowing, mowing, and nonforestry harvesting; customary
landscaping practices (such as planting and trimming vegetation);
and cutting of trees that are dead, diseased or dangerous.
[Amended by Ord. No. 393, 9/11/2019]
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a lease (if he
is authorized under the lease to exercise the right of the landowner),
or other person having a proprietary interest in land.
Discarded items not naturally occurring on the site, such
as tires, oil cans, equipment parts and other rubbish.
[Added by Ord. No. 393, 9/11/2019]
See "boarding house."
Any parcel or tract of land intended as a unit of ownership,
transfer of ownership, use, rent, improvement or development. The
term "lot" includes the word "plot," "parcel," and "tract." Contiguous
nonconforming lots under common ownership shall be considered one
lot.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
REVERSE FRONTAGE LOTSLots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
THROUGH LOTAn interior lot having frontage on two streets.
The area contained within the lot lines, excluding space
within all existing and future road rights-of-way.
The mean horizontal distance between the front and the rear
lot line. The greater frontage of a corner lot is its depth and the
lesser frontage is its width.
The property lines bounding the lot.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from a street right-of-way. The front lot line shall be the same as an existing or future right-of-way line (whichever establishes a greater width).
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three sided lot has no rear lot line.)
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
The horizontal distance between the side lot lines measured
along the minimum prescribed front yard setback lines as set forth
in this Chapter.
Includes major mechanical and body work, straightening of
body parts, painting, welding, storage of automobiles not in operating
condition, or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations.
Existing slopes which in their natural state were less than
15% but which have been altered by man. Such as:
Any place or establishment where a massage is available.
A massage being construed to mean the performance of manipulative
exercises upon the human body of another by rubbing, kneading, stroking,
or tapping with the hand or hands or with any mechanical or bathing
device with or without supplementary aids, including, but not by way
of limitation, a massage school. Health clubs and related uses where
more than 10% of the total floor areas is devoted to massage areas
shall be deemed a massage parlor.
An area of land and/or facility where solid, liquid or gaseous
materials are extracted from solid waste by means of a mechanical,
thermal or chemical process for reuse at another site, provided no
hazardous waste is produced.
Marijuana for certified medical use as legally permitted
by the Commonwealth and the provisions of the Act.[10]
[Added by Ord. 379, 2/8/2017]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more grower/processor facilities
and/or dispensary facilities.
[Added by Ord. 379, 2/8/2017]
A dispensary facility or a grower/processor facility.
[Added by Ord. 379, 2/8/2017]
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
An area of land or building owned, leased, or occupied by
an association of persons, operated solely for a recreational, social,
fraternal, religious, political or athletic purpose, and whose activities
are confined to the members and guests and are not extended to the
general public.
A facility for the production, packaging and sampling of
malt and brewed beverages of alcoholic and/or nonalcoholic content
for retail or wholesale distribution, on or off the premises, and
which produces less than 25,000 barrels of malt beverages per year.
Sales of malt and brewed beverages of alcoholic and/or nonalcoholic
content that are manufactured outside the facility are prohibited.
The definition does not include on-premises special events, which
are defined within the "public special event use accessory to a brewery,
brew pub, distillery, microbrewery, microdistillery, vineyard or winery"
use.
[Added by Ord. No. 388, 6/13/2018]
A microdistillery is a distillery that produces less than
100,000 gallons of distilled liquor per year and has the right to
sell bottled liquors on the leased premises to the Liquor Control
Board licensees and the public. The term shall include an accessory
tasting room and retail sales area and/or restaurant. A tasting room
allows customers to taste samples of products manufactured on-site
and purchase related sales items. Sales of alcohol manufactured outside
the facility are prohibited. The definition does not include on-premises
special events, which are defined within the "public special event
use accessory to a brewery, brew pub, distillery, microbrewery, microdistillery,
vineyard or winery" use.
[Added by Ord. No. 388, 6/13/2018]
A site where a mineral, stone, sand, gravel or topsoil is
extracted.
Includes:
Sale and servicing of spark plugs, batteries and distributors
and distributor parts.
Tire servicing and repair, but not recapping or re-grooving.
Replacement of mufflers and tailpipes, water hoses, fan belts,
brake fluid, light bulbs, fuses, floor mats, seat covers, windshield
wipers and wiper blades, grease retainers, wheel bearings, mirrors
and the like.
Radiator cleaning and flushing.
Washing and polishing, and sale of automotive washing and polishing
materials.
Greasing and lubrication.
Providing and repairing fuel pumps, oil filters and lines.
Minor servicing and repair of carburetors.
Emergency electrical repairs.
Adjusting and repairing brakes.
Minor motor adjustment not involving removal of the head or
crankcase or racing the motor.
Mini grocery store with sales of packaged foods, beverages,
tobacco and similar convenience goods for filling station customers,
as accessory to principal operation.
Provision of road maps and other informational material to customers;
provision of rest room facilities.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
residential use.
The co-location, improvement, upgrade, expansion, removal,
or replacement of an antenna or any other transmission equipment associated
with the supporting structure.
[Added by Ord. 380, 4/3/2017]
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added by Ord. 380, 4/3/2017]
See "hotel."
The building plus contiguous space to which freight is brought
for transfer, assembly and/or sorting for shipment by motor truck.
The Pennsylvania Municipalities Planning Code, as amended.
[Added by Ord. No. 393, 9/11/2019]
A no-impact home-based business is a business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the principal 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 a residential
use.
[Added by Ord. No. 388, 6/13/2018]
A lot which does not conform with the minimum lot width,
or area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
Chapter or is legally established through the granting of a variance
by the Board. Contiguous nonconforming lots under common ownership
shall be considered one lot.
A structure which could not be built under this Chapter by
reason of restrictions on area, lot coverage, height, yards, or other
characteristics of the structure or its location on the lot, but was
lawfully in existence prior to the effective date of this Chapter.
A use which does not comply with the applicable use provisions
of this Chapter, but which was lawfully in existence prior to the
effective date of this Chapter.
All non-tower wireless communications facilities (WCF), including,
but not limited to, antennas and related equipment mounted to a wireless
support structure. Non-tower WCFs shall not include support structures
for antennas or any related equipment that is mounted to the ground
or at ground level.
[Added by Ord. 380, 4/3/2017]
See "day-care facility."
The raising of trees (for transplanting), ornamentals, shrubs,
flowers, or houseplants for any commercial purpose.
A building containing sleeping rooms used by adults 55 years
old or older and/or people who are disabled who where such adults
are lodged and furnished with meals and are cared for in a licensed
skilled nursing care facility by the Department of Public Welfare.
A building in which a business is conducted, but is not a
personal service, professional service, or retail store.
The Official Map as adopted or amended by the Board of Supervisors
showing the characteristics of streets, watercourses, and public grounds.
The map as adopted or amended by the Board of Supervisors
classifying the streets of the Township into functional categories.
The map as adopted or amended by the Board of Supervisors
which designated the location and boundaries of zoning districts.
An area of land or water, or a combination of land and water
on a parcel of land that is free of improvement and impervious surfaces.
A parcel or parcels of land, or an area of water, or a combination
of land and water within a development site which is open space designed
and intended for the use or enjoyment of residents of a development.
The raising and keeping of tree crops for any commercial
purpose.
The Plainfield Township Zoning Ordinance, including the Official
Zoning Map, Official Street Classification Map, and any amendments
enacted by the Board of Supervisors.
A set of development standards and regulations applied to
a delineated area over the area's underlying zoning district regulations.
Overlay districts are used for many purposes. Examples include conservation
of sensitive environmental features (such as waterways).
[Added by Ord. No. 393, 9/11/2019]
Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
The Pennsylvania Department of Transportation.
[Added by Ord. No. 393, 9/11/2019]
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this Chapter which authorizes an applicant to proceed with said use, building, or structure.
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any Building Code which may be adopted by the Township which authorizes an applicant to commence with said construction, alteration or reconstruction.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land, or re-occupancy of a structure or land indicating that the premises comply with the provisions of this Chapter and may be used for the purposes set forth in the occupancy permit.
A use which does not require special action by the Zoning
Hearing Board or by the Board of Supervisors before a zoning permit
is granted by the Zoning Officer.
An individual, partnership, organization, association, trust,
or corporation. When used in a penalty provision, "person" shall include
the members of such partnership, the trustees of such trust, and the
officers of such organization, association, or corporation.
A residential use providing residential and support services
primarily to adults over age 55 that is licensed as a personal center
by the Commonwealth of Pennsylvania.
A building in which a business provides a service oriented
to personal needs which do not involve primarily retail sales of goods
or professional advisory services. Personal services include barber
and beauty shops, shoe repair shops, household appliance repair shops,
and other similar establishments.
An area of land which is commercially rented for picnics.
Picnic groves do not provide for machine-operated amusement rides.
An area of land under single ownership containing any combination
of two or more principal uses permitted by right or as a special exception,
in the district in which the development is proposed, provided a special
exception approval must be obtained for any proposed use so listed
in the regulations of the district in which the development is proposed.[11]
The Planning Commission for the Township of Plainfield.
The date on which a municipal waste processing and/or disposal
facility permanently ceases to accept waste and meets all the Pennsylvania
Department of Environmental Protection's regulations and requirements
with respect to post-closure.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active or passive recreation by residents of a development or the general public, or agricultural or equestrian uses, or that is approved by the Township to include a single-family detached dwelling with a conservation easement as provided in § 27-305, Subsection 9.
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned, unless the preserved land is approved
by the Township for agricultural or equestrian uses or a golf course.
Will be preserved by a conservation easement or a deed restriction
enforceable by Plainfield Township to permanently prevent re-subdivision
and uses of land other than those specifically allowed within preserved
land.
Does not use any of the following areas to meet minimum preserved
land requirements:
Existing and ultimate street rights-of-way.
Vehicle streets or driveways providing access to other lots.
Land beneath building(s) or land within 20 feet of a building
(other than buildings that are specifically allowed by the conservation
development provisions of this Chapter).
Off-street parking (other than parking is necessary to serve
approved recreation or agricultural uses).
Portions of land that have a width of less than 40 feet.
For preserved land intended to be open to the public or residents
of a development, the land shall have provisions for entry with a
forty-foot minimum width from a street open to the public, unless
the preserved land has suitable street access through adjacent preserved
land.
Land that includes a stormwater detention basin shall not count
towards the minimum amount of preserved land, except for a basin or
portions of a basin that the applicant proves to the satisfaction
of the Board of Supervisors would be reasonably safe and useful for
active or passive recreation during the vast majority of weather conditions
or would serve as a scenic asset that has the appearance of a natural
pond.
No more than 70% of the following land areas shall count towards
the minimum preserved land: land within a right-of-way or easement
for electric overhead transmission lines with a capacity of 35 kilovolts
or greater or pressurized petroleum product or gas pipelines with
a single or combined diameter of 12 inches or greater.
The building in which the principal use of a lot is conducted.
The single dominant use or single main use on a lot.
A place where charged or convicted criminals or juvenile
delinquents are confined, detained or held in custody.
An area of land which is designated, used or intended to
be used for the landing and take-off of airplanes or ultra-light aircraft,
and any appurtenant areas which are designed to be used for airplane
support facilities such as maintenance, refueling and parking facilities.
Airports and airstrips shall be approved and shall meet all the applicable
state and federal regulations. Use of the airport or airstrip shall
be restricted to the property owner or no more than four airplanes
or ultra-light aircraft authorized by the owner. The property owner
shall not permit any other person to store an airplane or ultra-light
aircraft for more than eight successive days.
A building in which services are performed by a member of
a profession, including but not limited to an accountant, architect,
author, community planner, dentist, engineer, insurance agent, landscape
architect, lawyer, minister, notary, optometrist, physician, realtor,
or undertaker.
The permanently protected federal, state, or municipal land
surrounding the Appalachian Trail, which is of varying dimensions
that including National Park Service (NPS) land and state public land
(such as state game lands).
[Added by Ord. No. 393, 9/11/2019]
Notice required by Act 247, the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq. Currently Act 247
requires notice be given not more than 30 days and not less than seven
days in advance of any public hearing required by this Chapter. Such
notice shall be published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing.
A public nuisance is a use that is operated in a less than
desirable manner which neglects normal standards of the industry or
violates the provisions of this Chapter. A use shall not be considered
a nuisance per se, but only if operated in this objectionable manner.
The public special event use accessory to a brewery, brew
pub, distillery, microbrewery, microdistillery, vineyard or winery
is an accessory use to any of the following uses, which shall include
a brewery, brew distillery, microbrewery, microdistillery, vineyard
or winery, for the commercial purpose of holding special events.
[Added by Ord. No. 388, 6/13/2018]
A vehicle (regardless of size) which is designed as a temporary
dwelling for travel, recreational and vacation uses (regardless of
whether it is self-propelled or is designed to be towed or carried
by another vehicle. "Recreation vehicle" includes campers, pickup
coaches, travel trailers, or motor homes.
An area of land and/or facility where solid waste such as
paper, cardboard, glass, aluminum or plastic that is no longer useful
for its intended purpose is separated, accumulated and mechanically
processed for reuse at another site.
An area of land and/or facility where a solid, liquid or
gaseous fuel is produced from solid waste by means other than incineration.
The registry established by the DOH for all medical marijuana
organizations and practitioners in the Commonwealth pursuant to the
provisions of the Act.[12]
[Added by Ord. 379, 2/8/2017]
One or more rooms intended to be occupied by one family as
separate living quarters, but does not contain, one or more of the
following: sanitary facilities, kitchen facilities or direct access
from the outside or through a common hall.
The replacement of non-tower WCF or transmission equipment
of an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight, and height as the commercial
communications facility initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added by Ord. 380, 4/3/2017]
Four types of restaurants are classified for this Chapter:
STANDARD RESTAURANTAn establishment used for the purpose of furnishing meals to the public which are to be consumed within the building or the place of business, with no or limited take-out service and where waiters and/or waitresses serve all food and beverages to patrons.
FAST-FOOD RESTAURANTA restaurant providing for an inside window or service area or cafeteria line where customers place their orders and food is served for consumption either at seating areas within the building or for takeout for consumption off the premises.
FAST-FOOD RESTAURANT WITH DRIVE-IN SERVICEA restaurant providing service to customers remaining seated in automobiles, either through an exterior window or service area or through service to parked automobiles.
FOOD STANDA place such as a snack bar, dairy bar or hamburger or hot dog stand where customers are served at an exterior window or service area and where no inside seating facilities are provided.
A building in which retail merchandise is sold, except for
any type of business selling any type of retail merchandise which
is specifically listed in this Chapter.
The commercial boarding or renting of horses.
The surface of and space above and below any real property
in the Township set aside for streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area of property under the control of the Township or Commonwealth,
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 or Commonwealth.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Amended by Ord. 380, 4/2/2017]
RIGHT-OF-WAY, EXISTINGThe surface of, as well as the space above and below, the legal right-of-way as established by the Commonwealth, Township, or other appropriate governing authority and currently in existence.
RIGHT-OF-WAY, FUTUREThe surface of, as well as the space above and below the future or planned right-of-way deemed necessary to provide adequate width for street, transportation, or other improvements. Future right-of-way widths are designated in § 27-405, Establishment of Future Right-of-Way Widths for Roads.
See "boarding house."
The Plainfield Township Subdivision and Land Development
Ordinance, as amended.
[Added by Ord. No. 393, 9/11/2019]
All of the following: sink with piped water, a toilet, and
a bathtub or shower with piped water.
An area of land and the structures and improvements to the
land where solid waste is disposed in the land (but not including
the application of sewage sludge for reclamation or agricultural utilization),
provided such disposal is approved by the Pennsylvania Department
of Environmental Protection after obtaining zoning approval from the
Township.
DISPOSAL ZONEThe part of a sanitary landfill where solid waste was, is or will be disposed, as permitted by this Chapter.
SETBACK ZONEThe part of a sanitary landfill where disposal of solid waste is not permitted by this Chapter.
POST-CLOSURE LANDFILL SITEA sanitary landfill or portion thereof that has permanently ceased to accept solid waste in compliance with all applicable Pennsylvania Department of Environmental Protection regulations.
A fence or natural obstruction of sufficient height (but
not less than six feet high) to effectively visually obscure the area
being screened from adjoining areas.
An accessory use for the sale of dairy, farm, greenhouse,
horticultural or nursery products.
A building or group of buildings divided into individual
separate access units (not to be larger than 10 feet by 20 feet),
which are rented or leased for the storage of personal and small business
property.
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of the appropriate state
agency and of the Township.
CENTRALIZED SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, treats, and disposes sewage from more than one dwelling, principal use, or lot.
PUBLIC SEWAGE DISPOSAL SYSTEMA centralized sewage disposal system owned and operated by a public authority.
ON-LOT SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, treats, and disposes of sewage or holds sewage from only one dwelling, principal use, or lot.
A use having more than 25,000 square feet of floor area involving
five or more retail or personal service uses or establishments that
primarily involves retail sales, designed as an integrated unit served
by common parking and service facilities and having architecture and
landscaping unity. A shopping center may also include a mix of permitted
personal service, office and/or commercial recreation use. A mall
shall be considered to be a shopping center.
A database of information maintained by the Township that
includes information regarding property owners who are permitted to
offer residential units for short-term residential rental. The short-term
residential rental registry shall be available for public review to
the extent required by the Commonwealth of Pennsylvania Right-to-Know
Law,[13] as amended, or any successor legislation.
[Added by Ord. No. 388, 6/13/2018]
Short-term residential rentals, which term shall include
vacation rentals, apartment rentals, homestays, hostel beds, and homesharing,
is a temporary tourist or transient lodging use, that is leased or
rented via the utilization of an online marketplace website (also
known as an e-commerce website), mobile smartphone application, a
standard written lease agreement, or other financial arrangement entered
into between two parties. This term shall not include a "bed-and-breakfast"
as that use is specifically defined herein.
[Added by Ord. No. 388, 6/13/2018]
A visual display or image which is affixed to, painted or
represented directly or indirectly upon a building, structure, land
or any surface and which directs attention to an object, product,
service, place, activity, person, institution, organization, or business,
regardless of whether such display or image is permanent or temporary,
but excluding displays or images which are decorative only.
OFF-PREMISES SIGNA sign which provides direction or directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Off-premises signs include small, standardized directional pole signs, as well as billboards and other off premises advertising signs (See Part 6 for off-premises sign regulations).
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed (including signs offering premises for sale, rent or development, or advertising building trades during construction or alteration). (See Part 6 for on-premises sign regulations.)
FREESTANDING SIGNA sign which is not attached to a building.
PARALLEL SIGNA sign which is attached to or is part of the facade of a building and does not extend more than one foot from such facade.
PROJECTING SIGNA sign which is attached to the facade of a building and extends more than one foot, but not more than six feet, from such facade.
WINDOW SIGNA sign affixed to or visible through a window of a building.
The gross surface area of a sign shall be the entire area
within a single continuous perimeter enclosing the extreme limits
of such sign and in no case passing through or between any adjacent
elements of the sign. However, such perimeter shall not include any
structural or framing elements lying outside the limits of such sign
and not forming an integral part of the display.
The raising, keeping and harvesting of trees for commercial
products by nurturing a growth of trees, whether from natural sprouting
or purposeful planting for the purpose of maintaining or improving
quality. "Silviculture" includes, but is not limited to, the production
of Christmas trees, pulp, fuel and timber.
A single-family detached dwelling designed to have a minimal
impact on the surrounding terrain, meeting all of the following additional
requirements:
Having a driveway permit providing access to an existing public
road shown on the Township's Official Street Classification Map or
Township-owned access with a driveway length of less than 350 feet
as measured along the driveway from the edge of the road cartway to
the edge of the garage or house.
Principal structures and all accessory buildings to have total
footprint of less than 5,000 square feet.
Total of impervious coverage plus stone/gravel cover for the
lot to be less than 10,000 square feet.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
A facility where animals that were not raised on the premises
are butchered for food, other than custom butchering.
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (solar time) on any area of a lot not within required
yard areas.
Those types of wastes that are permitted by this Chapter
to be processed or disposed in the Township and includes construction/demolition
waste, municipal waste, residual waste, sewage sludge and ash residue,
but does not include chemotherapeutic waste, hazardous waste or infectious
waste.
CONSTRUCTION/DEMOLITION WASTEWaste resulting from the construction or demolition of buildings and other structures including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, blocks and unsegregated concrete, but does not include clean fill nor dredging waste nor any waste considered as hazardous waste by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
MUNICIPAL WASTEWastes resulting from the operation of residential, commercial or nonhealth care institutional establishments and from community activities, but does not include any waste defined as hazardous waste or infectious waste by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
RESIDUAL WASTEThe waste of industrial, mining and agricultural operations (including any sludge, ash or processed wastes) that is considered nonhazardous by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
SEWAGE SLUDGEThe coarse screenings, grit and de-watered or air-dried sludge, septic and holding tank pumpings and other residues from municipal and residential sewage collection and treatment systems that may be disposed of in municipal waste landfills in accordance with Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
CHEMOTHERAPEUTIC WASTEWaste resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
Waste which because of its quantity, concentration or physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
Any waste considered hazardous by Pennsylvania Department of
Environmental Protection regulations or the Environmental Protection
Agency regulations.
INFECTIOUS WASTEWaste which, prior to processing or disposal, is or may be contaminated by a disease-producing microorganism or material or may pose a substantial present or potential hazard to human health when improperly processed, stored, transported, disposed or otherwise managed and includes any waste so considered by Pennsylvania Department of Environmental Protection regulations or the Environmental Protection Agency regulations.
An area of land and/or facility that is approved by the Pennsylvania
Department of Environmental Protection where solid waste is received,
temporarily stored and accumulated for transfer to a facility for
further processing or disposal.
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
Chapter, provided the use complies with the conditions and standards
required by this Chapter.
Machinery, equipment, and vehicles over 13,500 lb. GVW, not
designated or used primarily for the transportation of person, including
but not limited to, farm equipment, ditch digging and well-boring
apparatus, earth moving and road construction and maintenance machinery,
such as asphalt spreaders, bituminous, mixers, bucket loaders, bulldozers,
excavators, graders, finishing machines, road rollers, scarifiers,
power shovels and drag lines, and cranes and tractors (all such devices
shall include those defined as "special mobile equipment" in the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 102).
Activities depicting, describing or relating to:
An area where groundwater intersects at the ground surface
either seasonally or perennially at a specific point, and which is
not the result of an excavation of bedrock.
[Added by Ord. No. 393, 9/11/2019]
State-of-the art design techniques applied to wireless communications
facilities and antennas 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 by Ord. 380, 4/3/2017]
Those areas having slopes of 15% or more.
Those areas having slopes of 15% or greater.
CLASS A STEEP SLOPESSlope areas meeting all of the following requirements:
Slopes of 25% or greater (e.g., sloping 25 feet or more vertical
per 100 feet horizontal.
When two-foot contour intervals are used, only when there are
three adjacent contour intervals such that, in aggregate, they delineate
a slope of at least 25%.
Slopes of 25% or greater occurring in individual areas or pockets
being greater than 1,000 square feet in size.
CLASS B STEEP SLOPESSlope areas meeting all of the following requirements:
Slopes of 15% or greater (e.g., sloping 15 feet or more vertical
per 100 feet horizontal.
When two-foot contour intervals are used, only when there are
three adjacent contour intervals such that, in aggregate, they delineate
a slope of at least 15%.
Slopes of 15% or occurring in individual areas or pockets being
greater than 1,000 square feet in size.
Not defined as Class A steep slopes.
CLASS C STEEP SLOPESSlope areas meeting any of the following requirements:
An individual isolated area or pocket of Steep Slope Overlay
District being 1,000 square feet or less in size.
Man-made slopes within the Steep Slope Overlay District that
naturally were less than 15%.
Land within 40 feet of Class A or Class B steep slopes. (This may require the area delineated as the Steep Slope Overlay District via § 27-503, Subsection 2C, to be expanded.)
All areas of the Steep Slope Overlay District that do not qualify
as Class A or Class B.
That portion of a building, included between the surface
of any floor and the ceiling next above it, having a vertical distance
of not less than seven feet shall be considered a full story. Any
such portion of a building having a vertical distance of less than
seven feet shall be considered a half-story. Basements shall be considered
full stories while cellars shall not be considered as being stories
or half-stories.
The break in the slope between the waterline of a watercourse
and the surrounding land area.
[Added by Ord. No. 393, 9/11/2019]
A public or private thoroughfare which affords the principal
means of access to abutting property and contains a right-of-way area
(in addition to the cartway); including avenue, place, way, parkway,
lane, boulevard, highway, road and any other thoroughfare except an
alley, access drive or driveway.
ARTERIALStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial streets are those streets which are so designated on the Official Street Classification Map.
COLLECTOR STREETStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so designated on the Official Street Classification Map.
LOCAL STREETStreets designed to provide direct access from abutting properties to collector and arterial streets. Local streets are those streets which are so designated on the Official Street Classification Map.
Any change in the structural parts of a structure such as
walls, columns, beams, girders, floors, roof or ceiling, or any addition
to any structure; or the moving of a structure from one location to
another. "Structural alteration" does not include normal maintenance,
minor repairs or interior alterations.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
structure shall include buildings, signs, fences, walls, towers, swimming
pools, porches, garages, and similar structures. "Structure" shall
be interpreted as including the words "or part thereof."
The modifications or proposed modification to the physical
dimensions of a tower, tower-based WCF, or base station that meet
any of the following criteria:
[Added by Ord. 380, 4/3/2017]
For communications towers outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
communications towers in the rights-of-way, it increases the height
of the facility by more than 10% or 10 feet, whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the WCF by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those communications towers in the public
rights-of-way, it protrudes from the edge of the structure by more
than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
A building covered by land on at least 50% of the total surface
of its walls and roof.
An area containing a swimming pool which is used by the public
or by members for a fee.
A man-made artificially constructed body of water or receptacle
for water lined with a man-made substance such as (but not limited
to) concrete, vinyl, metal or fiberglass, having a depth at any point
greater than 24 inches which is primarily used or intended to be used
for swimming or bathing. This term shall not include any "farm pond."
The use of any premises or structure for living and/or sleeping
purposes for less than 10 consecutive days in any calendar year.
A structure which is not designed to last or to be used for
a specific use for more than one year.
A area containing one or more tennis courts used by the public
or members for a fee.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
[Added by Ord. 380, 4/3/2017]
The Township of Plainfield, Northampton County, Pennsylvania.
The Township or county park use is defined as an area of
natural, semi-natural or planted open space that is set aside for
the purpose of human enjoyment, active or passive recreation, and/or
for the protection of wildlife or natural habitats that is owned and
managed solely by either Plainfield Township or Northampton County,
which are duly organized and lawfully existing political subdivisions
of the Commonwealth of Pennsylvania. For the purposes of this chapter,
the definition of a Township or county park shall also include a trailhead
that is owned and managed solely by either Plainfield Township or
Northampton County.
[Added by Ord. No. 399, 8/27/2020]
A lawful lot of record or contiguous lots in common ownership
that is submitted for subdivision or land development approval under
a single development plan. The land area of a tract shall not include
existing or ultimate rights-of-way of existing streets.
See "mobile home" (listed under "dwelling") and "recreation
vehicle."
An optional process, authorized under § 27-411, that allows the residential density that would otherwise be allowed on one tract to be transferred to increase the density on another tract. The developer of the second tract compensates the owner of the first tract for preserving their land, based upon an agreement negotiated and accepted by both parties.
An area of land and/or facility that is approved by the Pennsylvania
Department of Environmental Protection where solid waste is received,
temporarily stored or accumulated for transfer to a facility for further
processing or disposal.
See "non-tower wireless communications facility."
[Added by Ord. 380, 4/3/2017]
See "recreation vehicle."
Any self-supporting woody plant, not less than a two-inch
caliper.
[Added by Ord. No. 393, 9/11/2019]
Buildings and land where fuel, truck, trailer or bus parts
and/or supplies are sold at retail and/or where repairs are conducted.
Any activity, occupation, business, or operation carried
on or intended to be carried on in a structure or on a lot.
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles and the like). Utilities shall not include a public incinerator,
a public or private landfill, or any equipment, pole or tower related
to commercial communication facilities. In addition to public utilities,
this includes private utilities in a subdivision or land development.
[Added by Ord. 380, 4/3/2017]
Trees, shrubs, ground cover and other plants that stabilize
the soil.
[Added by Ord. No. 393, 9/11/2019]
Areas that are low points topographically and are typically
covered by shallow water for an average of two months during normal
years, but which may be completely dry for the remainder of the year,
and which are not man-made.
[Added by Ord. No. 393, 9/11/2019]
See "animal hospital."
A store which sells or rents video cassettes. A video store
shall have no more than 5% of its floor area devoted to adult or "X"
rated videos, posters or brochures, and any viewing of adult or "X"
rated videos shall be prohibited within the store. These provisions
shall apply to both principal and accessory uses.
Ground planted with grapevines or fruit trees cultivated
for the purpose of producing wine. A vineyard is an agricultural use
where grapes and/or other wine-producing crops are grown. A vineyard
used exclusively for the production of grapes and/or other wine-producing
crops shall be considered an agriculture use. The definition does
not include on-premises special events, which are defined within the
"public special event use accessory to a brewery, brew pub, distillery,
microbrewery, microdistillery, vineyard or winery" use.
[Added by Ord. No. 388, 6/13/2018]
A building or group of buildings primarily used for the commercial
storage, transfer and distribution of products and materials.
Material (including solid, semi-solid, liquid or contained
gaseous material) whose purpose or process is deemed to have been
completed, but does not include clean fill.
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow, shown as hydrology (blue lines) on
the latest version of the Zoning Map. Man-made swales that were constructed
specifically for stormwater management purposes are excluded from
this definition.
[Added by Ord. No. 393, 9/11/2019]
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
CENTRALIZED WATER SUPPLY SYSTEMA water supply system which transmits water from a common source to more than one dwelling, principal use, or lot.
PUBLIC WATER SUPPLY SYSTEMA centralized water supply system owned and operated by a public authority.
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use, or lot.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. 380, 4/3/2017]
All lands regulated as wetlands by DEP and/or the United
States Army Corps of Engineers, whichever is more inclusive. These
include areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances support a prevalence of vegetation
typically adapted for life in saturated soil conditions.
[Added by Ord. No. 393, 9/11/2019]
Includes nature center, outdoor education laboratory, woodland
preserve or arboretum.
A structure that converts wind energy into electricity, and
which typically includes a nacelle, rotor, tower, and any pad transformer.
[Added by Ord. No. 393, 9/11/2019]
Any premises where any alcohol or liquor is produced by the
applicable process by which wine is produced, or facility wherein
liquid such as wine is produced; and shall include the manufacture
by distillation of alcohol from the by-products of fermentation when
the alcohol so derived is used solely to fortify the fermented products,
under such regulations as are or may be promulgated by a proper agency
of the United States Government, and such alcohol, for that purpose
only, may be sold or exchanged between wineries holding permits in
this Commonwealth, without restriction. A winery processes grapes
and other fruit products or vegetables, to produce wine or similar
spirits. Processing includes crushing, fermenting, blending, aging,
storage, bottling, administrative office functions for the winery,
warehousing and wholesale sales. The winery use may provide for the
interior display or sale of wine and related retail merchandise, wine
tasting, tours, and instruction related to the wine making process.
The definition does not include on-premises special events, which
are defined within the "public special event use accessory to a brewery,
brew pub, distillery, microbrewery, microdistillery, vineyard or winery"
use.
[Added by Ord. No. 388, 6/13/2018]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. 380, 4/3/2017]
Wireless telecommunications services, such as, but not limited
to, paging, cellular phones, Internet, and other satellite telecommunication,
which are generally operated by a service provided for commercial
use. This excludes cable television services utilizing satellite delivery.
[Added by Ord. 380, 4/3/2017]
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
wireless commercial communications service.
[Added by Ord. 380, 4/3/2017]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or land or property, either privately owned or municipal.
[Added by Ord. 380, 4/3/2017]
A freestanding structure, such as a tower-based WCF, monopole,
tower, base station or any other support structure, that could support
the placement or installation of a wireless commercial communications
facility if approved by the Township.
[Added by Ord. 380, 4/3/2017]
A plant community where tree species are dominant or co-dominant
and the branches of the trees form a complete or nearly complete aerial
canopy. Any area, grove or stand of mature or largely mature trees
(larger than six inches DBH) covering an area of 1/4 acre or more,
or consisting of 10 individual trees larger than eight inches DBH,
shall be considered a woodland. The extent of any woodland shall be
measured from the outer-most drip line of all the trees in the community.
An open space on the same lot with a structure (or a group
of structures) which lies between the structure (or group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line or side street lot line.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
See "district."
See "Board."
The administrative officer charged with the duty of enforcing
the provisions of this Chapter.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: Said act was repealed 2-23-2016 by P.L. 15,
No. 7.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: The former definition of "commercial communications
tower or antenna," which followed this definition, was repealed 4/2/2017
by Ord. 380.
[6]
Editor's Note: The Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq., repealed and replaced the Unit Property Act, 68 P.S. § 700.101
et seq.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[10]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[11]
Editor’s Note: The former definition of “planned
residential development (PRD),” which immediately followed,
was repealed by Ord. No. 393, 9/11/2019.
[12]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[13]
Editor's Note: See 65 P.S. § 67.101 et seq.
