Specific words and phrases. The following words are defined in order
to facilitate the interpretation of the chapter for administrative
purposes and in the carrying out of duties by appropriate offices
and by the Zoning Hearing Board.
ABANDONED VEHICLE
Those vehicles without registration and/or inspection which
have been parked on private and/or public property. For the purpose
of this definition, vehicles missing essential driving parts shall
be considered "abandoned."
ABANDONMENT
The relinquishment of property or a cessation of the use
of the property by the owner with the intention neither of transferring
rights of the property to another owner nor of resuming the use of
the property.
ABUTTING
Having property or district lines in common, or having a
common border with, or being separated from such a common border by
a right-of-way, alley, railroad, waterway, or other easement.
ACCESS
A way or means of approach to provide vehicular or pedestrian
physical entrance and exit to a property.
ACCESS DRIVE
A paved surface or other surface, other than a street, which
provides vehicular and/or pedestrian access from a street or a private
road to a lot or contiguous lots containing any use other than a single-family
dwelling unit or a farm. Access drives shall be located and constructed
so as to provide safe ingress and egress with respect to the lot.
If the access drive provides access to a state highway, issuance of
a highway occupancy permit by the Pennsylvania Department of Transportation
shall be required prior to the issuance of any permit under this chapter.
ACCESSORY AGRICULTURAL USE
An agricultural use or building that specifically supports
the agriculture activity on the same farm or lot.
ACCESSORY APARTMENT
A second dwelling unit either in or added to an existing
single-family detached dwelling for use as a complete, independent
living facility with provision within the accessory apartment for
cooking, eating, sanitation and sleeping. Such a dwelling is an accessory
use to the main dwelling.
ACCESSORY BUILDING OR USE
A building or use customarily incidental and subordinate
to the principal use of the land or building and located on the same
lot with the principal use.
ACCESSORY DAY CARE
A subordinate building or a portion of the main building
on a lot which serves primarily as a state-licensed and/or registered
facility day-care facility, as defined herein. See the definition
of "day care" herein for various types of permitted facilities.
[Amended 10-4-2023 by Ord. No. 828]
ACCESSORY EQUIPMENT or WIRELESS ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 11-17-2021 by Ord. No. 813]
ACT
The latest version of the Pennsylvania Municipalities Planning
Code (MPC), as amended.
ADAPTIVE REUSE OF FEDERALLY OR LOCALLY DESIGNATED HISTORIC BUILDINGS
The reuse of a building (designated as an historic building
by the National Register of Historic Places, Cumberland County Historical
Society or a local historic organization) for one of the following
purposes: any permitted use under the district in which it is located
or a cultural facility, including art gallery/studio, museum, or library.
ADDITION
Any construction which increases the size of a building,
such as a porch, attached garage or carport, or a new room or wing.
ADJACENT STRUCTURES
For small wireless communications facilities, any similarly
situated infrastructure within a 250-foot radius that is of the same
design, construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and streetlight
poles. The height of an adjacent structure is the vertical distance
measured from the ground level to the highest point on a structure,
not including antennas mounted on the tower and any other appurtenances.
[Added 11-17-2021 by Ord. No. 813]
ADJOIN
To be separated by common property lines, district lines,
lot lines, rights-of-way, railroad, alley, waterway, or other easement.
ADJUSTED TRACT AREA APPROACH
One of two methods of determining the maximum number of permitted dwelling units in conservation subdivisions where the adjusted tract area of the site equals the gross tract area minus the constrained land on the site. The actual methodology is provided in §
245-11.7 herein. The other method is the yield plan.
ADULT REGULATED FACILITY
An establishment open to the general public of the age of
18 years or older, where more than 20% of the occupied area of the
facility is used for one or more of the following purposes:
(1)
ADULT BOOKSTOREEstablishment which offers for sale, for rent, for lease, for view on the premises or for loan, pictures, photographs, drawings, sculptures, motion-picture film, or similar visual representation of sexual conduct or sexual excitement, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement, or which offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.
(2)
ADULT THEATERAn establishment in which there is offered for view motion-picture film, videotape or similar visual representation of sexual conduct or excitement, commonly referred to as "X-Rated" movies, peep shows, or the equivalent thereof.
(3)
CABARETAn establishment, club restaurant, theater or hall which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or specified sexual activities for observation by patrons therein.
(5)
The following definitions relate to the further understanding
of the adult regulated facility:
(a)
NUDITYThe showing of the human male or female genitals or pubic area or buttocks with less than fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genital in a discernibly turgid state.
(b)
PORNOGRAPHYThe depiction or dissemination of nudity, sexual conduct, sadomasochistic abuse or explicit and detailed verbal descriptions or narrative accounts of nudity, sexual excitement, sexual conduct or sadomasochistic abuse which, to the average person applying contemporary community standards, has as its dominant theme, taken as a whole, an appeal to prurient interest.
(c)
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(d)
SEXUAL CONDUCTActs of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such a person is female, breast.
(e)
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
AGENT
Any person other than the developer who, acting for the developer,
submits to the Planning Commission and Township Commissioners land
development plans for the purpose of obtaining approval thereof.
AGRIBUSINESS
Activities, including the distribution of farm equipment
and supplies, and the processing, storage and distribution of farm
commodities. Agribusiness operations do not include the raising of
live animals or the display and retail sale of agricultural products.
AGRICULTURAL LAND, PRIME (PRIME AGRICULTURAL LAND)
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture natural resource and conservation services county soil
survey.
AGRICULTURE 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. See "agriculture, intensive" for further
description of specific agriculture activities.
AGRICULTURE, INTENSIVE (INTENSIVE AGRICULTURAL USE)
Intensive agricultural uses include, but are not necessarily
limited to: slaughter areas; areas for processing of manure; concentrated
animal feeding operations, as defined herein.
(1)
Confined livestock operations or concentrated animal feeding
operations (CAFO). 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. 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
100,000 laying hens or broilers (if a facility uses continuous overflow
watering).
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 agricultural
operation. These activities shall be related to agriculture or natural
resources and incidental to the primary operation of the site. These
activities may include a fee for participants. Uses may include, but
are not limited to, hay rides, corn mazes, farm tours, rodeo, educational
exhibits, agriculturally related events, recreation-related tours
and activities.
AIRPORT
A place where aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair, and various accommodations
for passengers.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A public thoroughfare other than a side street, which affords
only a secondary means of access to abutting property, and not intended
for general traffic circulation.
ALTERATIONS
As applied to a building or structure, any change or rearrangement
in the total floor area, in the structural parts, or in the exit facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or by moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
AMENDMENT
A change in use in a district which includes revisions to
the zoning text and/or the Official Zoning Map; the authority for
any amendment lies solely with the Township Commissioners.
ANIMAL
Any domestic animal or fowl, any wild animal or any household
pet. Any of a kingdom (Animalia) of living beings typically differing
from plants in capacity for spontaneous movement and motion in response
to stimulation.
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, housing or boarding of
small domestic animals such as dogs, cats, rabbits and birds or fowl
by a veterinarian. Boarding of such animals shall be for medical or
surgical treatment only.
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.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities.
APARTMENT
A building occupied by three or more dwelling units (see
"dwelling").
(1)
APARTMENT, CONVERSIONA multifamily dwelling constructed by converting an existing single-family dwelling into no more than two additional dwelling units, which does not substantially alter the exterior of the building.
(2)
APARTMENT HOUSEA building arranged, intended or designed to be occupied by three or more families living independently of each other.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his or her personal
representatives, successors and assigns.
APPLICATION or WIRELESS APPLICATION
A formal request submitted to the municipality to site, construct,
operate, remove or modify a wireless support structure, equipment
compound, or a wireless telecommunications facility.
[Added 11-17-2021 by Ord. No. 813]
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plot or plan, or for the approval
of a development plan.
APPROXIMATED FLOODPLAIN
Those portions of land within the FP-Floodplain District
subject to inundation by the one-hundred-year flood where a detailed
study has not yet been performed but where a one-hundred-year floodplain
boundary has been approximated. Where the specific one-hundred-year
flood elevation cannot be determined for this unique area using other
sources of data such as the United States Army Corps of Engineers
Floodplain Information Reports, United States Geological Survey Flood
Prone Quadrangles, etc., then the applicant for the proposed use,
development, and/or activity shall determine this elevation in accordance
with hydrologic and hydraulic engineering techniques. Only professional
engineers or others of demonstrated qualifications shall undertake
hydrologic and hydraulic analyses, who shall certify that the technical
methods used correctly reflect currently accepted technical concepts.
Studies, analyses, computations, etc., shall be submitted in sufficient
detail to allow a thorough technical review by the Township. In addition,
information from other federal, state and other acceptable sources
shall be used to determine a floodway area, if possible.
ARCHITECTURAL CONTROL
Regulations governing the appearance or architectural style
of buildings or structures.
AREA
The total outside surface of anything, as measured in square
feet.
(1)
LOT AREAThe area contained within the property lines of individual parcels of land shown on a subdivision plan, excluding any area within a street right-of-way and including the area of any easement or future street right-of-way.
(2)
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps (gross living area).
AUTOMOBILE SERVICE STATION
A building on a lot or part thereof that is used primarily
for carrying out repairs, services, etc. for motor vehicles. See also
"gasoline service station" and "vehicle repair garage."
[Added 8-21-2024 by Ord. No. 836]
AVERAGE GROSS RESIDENTIAL DENSITY
The number of dwelling units per acre in a planned residential
development, computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development which are not planned to be devoted to commercial use.
If the developer is required to dedicate land for sites for schools
or other public facilities, such land shall be included in the total
land area used in computing maximum permissible average gross density.
If he is required to set aside land for such purposes, it shall not
be included in the computation of average gross density. If such land
is not acquired by the appropriate body by the date of the sale or
rental of 51% of the dwelling units in the planned residential development,
then, at the option of the developer, the land may be used for residential
purposes, subject to the provisions of the Zoning Ordinance.
BAFFLE
A freestanding randomly located structure, fence-like in
nature and materials of construction, except that it is not normally
attached to any building, does not particularly follow lot lines,
nor enclose a particular area, but rather screens one segment of one
property from another for the primary purpose of ensuring privacy;
a baffle or screen of this nature may be utilized for the support
of various types of living plant materials such as vines, climbing
roses or espaliered trees and shrubs.
BASEMENT
A story partly underground but having at least 1/2 or more
of its height (measured from floor to ceiling) above the average level
of the adjoining ground. A basement shall be counted as a story for
the purpose of height measurement if the vertical distance between
the ceiling and the average level of the adjoining ground is more
than five feet or if used for business or dwelling purposes, other
than a game or recreation room.
BED-AND-BREAKFAST HOME
An owner-occupied residence where not more than five guest
rooms are rented to not more than 10 overnight guests on a daily basis
for periods not exceeding one week.
BED-AND-BREAKFAST INNS
An owner-occupied residence where not more than 10 guest
rooms are rented to not more than 20 overnight guests on a daily basis
for periods not exceeding one week.
BERM
A mound of soil, either natural or man-made, used to obstruct
views.
BLOCK
A tract of land bounded on one side by a street and on the
other sides (normally three) by streets, railroad rights-of-way, waterways,
unsubdivided areas and other definite barriers.
BOARDING STABLE
A structure designed for the feeding, housing and exercising
of horses not owned by the owner of the premises and for which the
owner of the premises receives compensation.
BOARDINGHOUSE
An owner-occupied housing unit where, for compensation, provisions
are made for lodging and meals for no more than five persons in an
existing building and its appurtenant structures specifically designed
or otherwise suitable in whole or in part for the accommodation of
roomers.
BUFFER AREA
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other landscaping material and within which
no structure is permitted except a wall or fence.
BUFFER YARD
An open area whose dimensions normally exceed the normal
building setback or yard requirement used to protect low-density uses
and zoning districts from adjacent higher-density uses and districts.
BUILDING
Any structure on a lot having a roof supported by columns
or walls and designed and/or intended for the shelter, housing or
enclosure of persons, animals or chattel and including covered porches
or bay windows and chimneys. Multiple structures connected with a
covered walkway shall be considered as one building.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
BUILDING LINE
A line parallel to the front, side or rear lot line set so
as to provide the required yard.
BUILDING SETBACK LINE
See "setback (building setback line)."
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
BUILDING, HEIGHT OF
The mean grade at the front of the structure to the highest
point of the structure, excluding chimneys, spires, towers, elevator
penthouses, tanks and similar projections.
BUILDING, PRINCIPAL
A structure enclosed within exterior walls or fire walls;
built, erected and framed of component structural parts, designed
for the housing, shelter, enclosure, and support of individuals, animals
or property of any kind; main structure on a given lot; a building
in which is conducted the principal use of the lot on which it is
situated.
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 stationary 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
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.
CARPORT
An accessory building or part of the main structure open
on three sides and primarily designed or used for parking automobiles.
CARTWAY or ROADWAY
The portion of a street right-of-way which is paved, improved,
designated or intended for vehicular traffic.
CELLAR
A story partly underground having more than 1/2 of its clear
height below the average level of the adjoining ground. A cellar shall
not be considered in determining the required number of stories.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
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.
CERTIFIED MEDICAL USE, MEDICAL MARIJUANA
The acquisition, possession, use or transportation of medical
marijuana by a 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.
CHANGE OF USE AND OCCUPANCY
A statement or permit signed by a duly authorized Township
officer, setting forth that a building, structure or use legally complies
with the Zoning Ordinance and other applicable codes and regulations
and that the same may be used for the purposes stated therein.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines.
CLINICAL REGISTRANT, MEDICAL MARIJUANA
An entity that:
(1)
Holds a permit both as a grower/processor and a dispensary;
and
(2)
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.
CLUB, CLUBHOUSE or LODGE, PRIVATE
A building, structure, or part thereof, used to house an
organization catering exclusively to members and their guests, or
premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership or fund-raising of such club.
Clubs shall include, but not be limited to, service and political
organizations, labor unions, as well as social and athletic clubs.
This definition does not include "night clubs." The private clubs
or lodges, as defined, shall not be an adjunct to, operated by or
in connection with a tavern, cafe or other public place.
CO-LOCATION
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF, or on any structure that has been approved
by the Township.
COMMERCIALLY REASONABLE
Terms and pricing that are reasonably consistent with similar
wireless communications facility leases and agreements within a twenty-five-mile
radius of the municipality.
[Added 11-17-2021 by Ord. No. 813]
COMMERCIAL, RECREATIONAL or ENTERTAINMENT FACILITY
A building housing an activity operated as a business, open
to the public for the purpose of public recreation or entertainment,
including, but not limited to, bowling alleys, theaters, swimming
pools, health clubs, museums, etc. This does not include adult-related
uses, amusement arcades, nightclubs or golf courses, as defined herein.
COMMISSION
The Upper Allen Township Planning Commission, unless otherwise
noted.
COMMISSION STAFF
The Township of Upper Allen Engineer, Zoning Officer and/or
other personnel retained by the Planning Commission.
COMMON AREA
The area in a subdivision or planned residential development,
including common open space, owned or leased and maintained by an
association or other combination of persons for the benefit of the
residents of the planned residential development and, if owned under
the Pennsylvania Unit Property Act, including all common elements
designated for the use of all dwelling unit owners.
COMMON ELEMENTS
Includes:
(1)
The land on which a building is located and portions of the
building which are not included in a unit;
(2)
The foundations, structural parts, supports, main walls, roofs,
basements, halls, corridors, lobbies, stairways and entrances and
exits of a building;
(3)
The yards, parking area and driveways;
(4)
Portions of land and building used exclusively for the management,
operation or maintenance of the common elements;
(5)
Installations of all central services and utilities;
(6)
All other elements of a building necessary or convenient to
its existence, management, operation, maintenance and safety or normally
in common use; and
(7)
Such other facilities as are designated as "common elements."
COMMON FACILITIES
When referring to a development, these facilities are common
or community open space, recreational facilities, community sewage
facilities, community water supply facilities, stormwater management
facilities, common parking areas and driveways, preservation areas,
private streets, or other community facilities.
COMMON OPEN 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. Common open space shall be substantially free
of structures, but may contain such improvements as approved in the
development plan that are appropriate to recreational and other open-space
uses of the land, and shall not include playground, athletic field
or other open space areas of any schools or churches to be included
within the proposed development.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots and the treatment and/or disposal of the sewage or
industrial waste on one or more of the lots or at any other site,
and which shall comply with all applicable regulations of the Pennsylvania
Department of Environmental Protection.
COMMUNITY WATER SUPPLY 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, consisting of maps, charts and textual material, that
constitutes decisions about the physical and social development of
the Township of Upper Allen, as amended from time to time.
CONCEPT PLAN
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
CONDITIONAL USE
A use which the Board of Commissioners of Upper Allen Township
is permitted to authorize in specific instances listed in this chapter,
under the terms, procedures and conditions prescribed herein.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices and other types of space in commercial
buildings or on property.
CONSERVATION AREAS
Undeveloped and undisturbed areas set aside for the preservation
and/or continuation of the natural environment, to promote recreational
use, agricultural use and retention of open space and undeveloped
floodplain areas and to provide areas of wildlife habitat.
CONSERVATION SUBDIVISION
A land development process that seeks to identify and permanently
protect special natural and/or environmental features and open space
in designated conservation areas, greenway areas or preserves.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
CONSTRUCTION, NEW
For the purpose of complying with the requirements of the
National Flood Insurance Program, new construction shall be identified
as structures for which the start of construction commenced on or
after January 30, 1980, and includes any subsequent improvements thereto.
CONTINUING CARE RETIREMENT COMMUNITY
A community licensed by the appropriate commonwealth agencies
offering a range of housing, support and health care services so older
people do not have to move when their needs change. Many offer independent
living (single or multifamily units) and personal care units as well
as long-term care nursing centers, all at one campus and developed
as a planned unit development.
CONTRACTOR'S YARD
A tract of land where a dealer stores new and/or used material,
machinery, equipment and other supplies for use by builders, developers,
erectors, excavators and other artisans. Such material, machinery,
equipment and other supplies may be made available for wholesale or
retail purposes or rental programs.
CONVENIENCE STORE, WITH OR WITHOUT GAS DISPENSING
An establishment that primarily sells routine household goods,
groceries, magazines, lottery tickets, prepared ready-to-eat foods,
drinks, and similar miscellaneous items to the general public, but
that is not primarily a restaurant. A convenience store may involve
the sale of gasoline. This term does not include a business which
is solely or primarily a restaurant, a business which has at least
10,000 square feet of retail floor space, and specifically prohibits
the repair of automobiles and the storage of inoperable automobiles
on site.
COOPERATIVE
Ownership in common with others of a parcel of land and of
a building or buildings thereon which would normally be used by all
the occupants, together with individual rights of occupancy of a particular
unit or apartment in such building or buildings or on such parcel
of land, and may include dwellings, offices and other types of space
in commercial buildings or on property, and where the lease, sale
or exchange of a unit is subject to the agreement of the group of
persons having common ownership.
COUNTY
County of Cumberland, Pennsylvania.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such buildings.
COURT, INNER
A court which does not extend to a street, alley, yard or
outer court.
COURT, OUTER
A court which extends to a street, alley, yard or other outer
court.
COVERAGE
That portion or percentage of the plot or lot covered by
the building area.
CUL-DE-SAC
A local street with only one outlet and having the other
end for the reversal of traffic movement.
CULTURAL FACILITIES
Includes art galleries/studios, auditoriums, museums, community
centers, adult education centers or other similar facilities open
to the public or connected with a permitted educational, philanthropic
or religious use.
CURB
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
CURBLINE
The outside edge of the cartway.
DAY CARE
Care provided for individuals, either children or adults,
by an unrelated individual. Care is provided for part of a twenty-four-hour
day. The following definitions apply to different types of child and
adult day-care facilities in accordance with Chapters 20, 3270, 3280,
and 3290 of Title 55, Human Services, of the Pennsylvania Code, and
the Pennsylvania Department of Aging, Pennsylvania Code, Title 6,
Chapter 11, as revised or amended.
[Amended 10-4-2023 by Ord. No. 828]
(1)
CHILD-CARE CENTERA state-certified facility, not used as a family residence, in which care is provided at one time for seven or more children unrelated to the operator of the facility.
(2)
GROUP CHILD-CARE HOMEA state-certified single-family home or facility in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator, including:
(a)
Care provided to a child at the parent's work site when the
parent is not present in the child-care space.
(b)
Care provided in private or public, profit or nonprofit facilities.
(c)
Care provided before or after the hours of instruction in nonpublic
schools and in private nursery schools and kindergartens.
(3)
FAMILY CHILD-CARE HOMEA state-certified single-family home operated for profit or not for profit, in which child day-care is provided for four, five, or six children at one time, including those residing in the home under the age of 16 years. The family day care shall be an accessory use to the residential dwelling and operated by the owner of the property or legal renter of the dwelling. The family day care shall meet all state and federal licensing and registration requirements and shall provide proof of compliance with the Commonwealth of Pennsylvania.
(4)
OLDER ADULT DAILY LIVING CENTERSA facility licensed through the Pennsylvania Department of Aging and operated for profit or not for profit to provide daily living services for part of twenty-four-hour day to four or more older adults who are 60 years of age or older or 18 years and older with a dementia-related disease and who are not a relative of the operator, in accordance with the Pennsylvania Code, Title 6, Chapter 11, as revised or amended.
DCED
The Department of Community and Economic Development of the
Commonwealth of Pennsylvania or any successor agency.
DCNR
The Department of Conservation and Natural Resources of the
Commonwealth of Pennsylvania or any successor agency.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance of this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the municipality
lies.
DECK or PATIO
A platform which is not covered by a roof or permanent awning
and is designed, intended or used for outdoor living purposes as an
accessory use to a structure.
DECORATIVE POLE
A municipality-owned pole that is specially designed and
placed for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments have been placed or are permitted to be placed.
[Added 11-17-2021 by Ord. No. 813]
DEDICATION
An act transmitting property or interest thereto.
DENSITY
The total number of dwelling units per acre of land.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable
expectancy which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
DETENTION BASIN
A man-made or natural water-collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property into natural or man-made outlets.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following: the Commissioners; or the Zoning Hearing Board.
Determinations shall be appealable only to the Boards designated as
having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or land development or submits a development plan under the
terms of this chapter.
DEVELOPMENT
A planning or construction project involving substantial
property improvement and, usually, a change of land use character
within the site; the act of using land for building or extractive
purposes.
DEVELOPMENT PERMIT
A zoning and/or building permit authorizing the construction,
repair, demolition, relocation and reconstruction of a structure,
or any other permit requested or issued in connection with any of
the activities defined under "development" herein.
DEVELOPMENT PLAN
The provisions for development of land under the provisions
of this chapter, 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. The phrase "provisions of
the development plan," when used in this chapter, shall mean both
the written and graphic materials referred to in this definition.
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, Official Map, floodplain
regulation, or other governmental regulation of the use and development
of land.
DISPENSARY, MEDICAL MARIJUANA
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
to dispense medical marijuana. For purposes of this chapter, this
use shall meet the requirements of retail establishments.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
DISTRICT ZONE
A district includes all buildings, lots and surface areas
within certain designated boundaries as indicated on the Zoning Map.
DISTURBANCE OF VEGETATIVE COVER
Removal, destruction or damaging of plants, including trees,
shrubs herbaceous growth, by methods including, but not limited to,
cutting, bulldozing, plowing, regrading, digging or intensive use
of herbicides (in which selective species are intended to be eradicated
or which the intent is to defoliate).
DOMESTICATED ANIMAL
A relatively docile animal kept by humans for work or food
or as a pet, especially one of a breed notably different from the
wild form.
DORMITORY
A building used as living quarters for a student body, religious
order, or other group as an associated use to a college, university,
boarding school, or orphanage, convent, monastery, farm labor camp,
or other similar use. Dormitories may include a group kitchen facility
to serve all residents. Dormitories constructed as part of a college
or university may include kitchen facilities for groups or residents.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading, or other means.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any land development or
contiguous land areas.
DRIVE-IN ESTABLISHMENT
Any commercial business, including an eating establishment,
offering refreshments, entertainment or services to patrons, who purchase
and/or consume such refreshments, entertainment or services on the
premises and/or outside of the building, including patrons who may
be served in their automobiles.
DRIVE-IN STAND
A building no larger than 400 square feet for the sale of
farm, nursery or greenhouse products produced on the premises where
offered for sale; not to be located closer than 50 feet to any intersection
nor within 10 feet of any right-of-way.
DRIVEWAY
A private roadway providing access for vehicles to a residential
parking space, garage, single-family dwelling, two-family dwelling
or other residential accessory structure within a lot or property.
DRIVEWAY/ACCESS ROAD
A cartway or traveled path, improved or unimproved, by means
of which ingress and egress to and from private property is gained
and which intersects with a Township, state or county right-of-way.
DRUGSTORE
A retail store where medicines, prescriptions and miscellaneous
articles such as food, cosmetics and film are sold.
DRY SPACE
Definitions related to floodplain management regulations,
including completely and essentially dry spaces, as follows:
(1)
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor into said structure.
(2)
ESSENTIALLY DRY SPACEA space that will remain dry during flooding, except for the passage of some water vapor or minor seepage into the structure; the structure is substantially impermeable to the passage of water.
DUSK
The state or period of partial darkness between day and night.
DWELLING
A building or structure designed for living quarters for
one or more families, including manufactured homes which are supported
either by a foundation or are otherwise permanently attached to the
land, but not including hotels, boardinghouses/rooming houses or other
accommodations used for transient occupancy.
DWELLING GROUP
A group of two or more one-family or multiple dwelling structures
occupying a lot under one ownership and having any yard in common.
DWELLING UNIT
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities and toilet and bathroom
facilities and arranged for occupancy by not more than one family.
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 or assembly
and installation on the building site in such a manner that all concealed
parts or processes of manufacture cannot be inspected at the site
without disassembly, damage or destruction.
DWELLING, 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, TWO-FAMILY (DUPLEX)
A building used by two families, with one dwelling unit arranged
on top of each other and having two side yards, or one dwelling unit
arranged beside the other and having one side yard and one party wall
in common with the other dwelling unit.
EASEMENT
An interest in real property generally established in a real
estate document or on a recorded plat or plan to reserve, convey or
dedicate the use of land for a specified or limited purpose without
the transfer of fee title. The easement may be for use under, on or
above said lot or lots. Such specified uses may include but are not
limited to transportation facilities, utilities, conservations, access,
stormwater management, solar exposure, planting strips, etc.
[Added 10-7-2020 by Ord.
No. 797]
EASEMENT, CONSERVATION
A legal agreement a property owner makes to restrict the
type and amount of development that may take place on his or her property.
The easement spells out the rights the landowner retains and the restrictions
on use of the property.
EASEMENT, UTILITY
A right-of-way granted for the limited use of land for public,
quasi-public or private purposes.
EDGE OF ROOF
On a pitched roof, the lowest portion of the fascia board
covering the roof rafters or, if no fascia board exists, the lowest
point of the roof rafters. On a flat roof, the top of the parapet
wall or three feet above the roof deck, whichever is less.
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public.
ELECTRONIC NOTICE
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
ELIGIBLE FACILITIES REQUEST
An application for modification of an existing wireless communications
facility or base station that involves:
[Added 11-17-2021 by Ord. No. 813]
(1)
Co-location of new transmission equipment;
(2)
Removal of transmission equipment; or
(3)
Replacement of transmission equipment.
EMERGENCY
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public or has caused or is
likely to cause facilities in the rights-of-way to be unusable and
result in loss of the services provided.
EMERGENCY MEDICAL TREATMENT FACILITY
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing emergency health
service to people on an outpatient basis.
ENGINEER, TOWNSHIP
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.
ENGINEERING LAND SURVEYS
Surveys for the development of any tract of land, including
the incidental design of related improvements, such as line and grade
extension of roads, sewers and grading but not requiring independent
engineering judgment; provided, however, that tract perimeter surveys
shall be functions of the professional land surveyor; the determination
of the configuration or contour of the earth's surface, or the position
of fixed object thereon or related thereto by means of measuring lines
and angles and applying the principles of mathematics, photogrammetry
or other measurement methods; geodetic or cadastral survey, underground
survey and hydrographic survey; sedimentation and erosion control
surveys; the determination of the quantities of materials; tests for
water percolation in soils; and the preparation of plans and specifications
and estimates of proposed work as described in this subsection.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
ENVIRONMENTAL IMPACT ASSESSMENT
An assessment of the impact of a use on the natural environment,
i.e., geology, topography, soils, hydrology, vegetation, wildlife,
wetlands, and air quality; and the cultural environment, i.e., lot
use, utilities, traffic, population, economics, services, historic
assets, and general character of the neighborhood. The assessment
of traffic impact must include a complete traffic analysis prepared
and sealed by a professional traffic engineer, identifying the impact
of the proposed development on existing traffic and circulation patterns
and proposing solutions to problems which may arise as consequence
of the proposed development.
ENVIRONMENTALLY SENSITIVE AREA
An area with one or more of the following environmental characteristics:
floodway, rock outcroppings, steep slope, one-hundred-year floodplain
or wetlands.
ESCROW
A deed, a bond, money or a piece of property delivered to
a third person to be delivered by him to the grantee only upon fulfillment
of a condition.
EXACTION
A contribution or payment required as an authorized precondition
for receiving a development permit.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, quarried, uncovered, removed, displaced, relocated
or bulldozed. It shall include the conditions resulting therefrom.
EXOTIC WILDLIFE
Includes, but is not limited to, reptiles and all bears,
coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves
and any crossbreed of these animals which have similar characteristics
in appearance or features. The definition is applicable whether or
not the birds, animals or reptiles were bred or reared in captivity
or imported from another state or nation.
FAMILY
One or more persons related by blood, marriage, legal guardianship,
licensed or court-appointed foster care or legal adoption, including
any domestic servants or gratuitous guests thereof, who maintain one
common household and reside in one dwelling unit; or no more than
two persons who are not related to each other by blood, marriage,
legal guardianship, licensed or court-appointed foster care, or legal
adoption, in addition to any respective minor children, domestic servants
or gratuitous guests thereof, residing in one dwelling unit and living
and cooking together as a single housekeeping unit. A roomer, boarder
or lodger is not considered a family member; any number of persons
possessing a handicap within the meaning of the Fair Housing Act [42
U.S.C. § 3602(h), or successor legislation] who reside in
one dwelling unit and live and cook together as a single housekeeping
unit.
FAMILY CARE FACILITY
A dwelling inhabited by a group of people who are not handicapped,
without regard for age, with or without specialized needs, who are
unrelated or related by legal marriage, birth or adoption, and who
are not afforded protection by the Fair Housing Act. This group of
people typically requires extended periods of or twenty-four-hour
adult supervision and guidance by persons who may be, but are typically
not, legal custodians. This definition does not include persons occupying
a hotel, dormitory, lodge or boarding home.
FARM
Any parcel of land which is used for agriculture operations
as defined herein.
FARM PRODUCT, VALUE-ADDED
A product processed by a producer from a farm product, including,
but not limited to, baked goods, jams and jellies, canned vegetables,
dried fruit, syrups, salsas, salad dressings, flours, cheeses, milk
products, coffee and other beverages, smoked or canned meats or fish,
sausages, or prepared foods.
FARM PRODUCTS
Items sold at a farmers market from a producer. Farm products
shall include, but are not limited to, agricultural products such
as fruits, vegetables, mushrooms, herbs, nuts, eggs, honey or other
bee products, flowers, nursery stock, livestock food products (including
meat, milk, cheese and other dairy products), and seafood.
FARMERS MARKET
A retail sales use operated by a governmental agency, a nonprofit
organization, or one or more producers that primarily sells farm products
and value-added farm products directly to consumers. Farmers markets
can include indoor and outdoor display and sales. A farmers market
may be a principal or accessory use of a site.
FCC
Federal Communications Commission.
FENCE
Any freestanding and uninhabitable device supported by posts
and 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 ensure privacy
or to protect the property so screened or divided or to define and
mark the property line when such device is permitted to be erected
on or within two feet of any front, side or rear line; for the purpose
of this chapter, a freestanding masonry wall when so located is considered
to be a fence; also for the purpose of this chapter, when the term
"lot line" is used in relation to fences, it shall be synonymous with
"rear lot lines," "side lot lines," and "front lot lines."
[Amended 10-7-2020 by Ord. No. 797]
FINDING
A determination or conclusion based on the evidence presented
and prepared by a hearings body in support of its decision.
FLOOD BOUNDARY, FIVE-HUNDRED-YEAR
The outer boundary of an area of land that is likely to be
flooded once every 500 years (i.e., that has 1/5 of one-percent chance
of being flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Soil 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 is necessary
to define this boundary.
FLOOD BOUNDARY, ONE-HUNDRED-YEAR
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Soil 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 is necessary
to define its boundary.
FLOOD HAZARD BOUNDARY MAP
A map indicating that an official flood hazard may be issued
or approved by the Federal Insurance Administrator.
FLOOD OF RECORD
The flood which has reached the highest flood elevation above
mean sea level at a particular location.
FLOOD, FIVE-HUNDRED-YEAR
A flood which is likely to be equaled or exceeded once every
500 years (i.e., that has a 1/5 of 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 Soil 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 is necessary
to define this flood.
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 Soil 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 is necessary
to define this flood.
FLOODPLAIN
A floodplain may be either or a combination of 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 any area subject to the unusual
and rapid accumulation of runoff or surface waters from any source.
FLOODPLAIN or FLOOD-PRONE AREA
A land area adjoining a river, stream, watercourse, ocean,
bay or lake which is likely to be flooded. Floodplain area special
flood hazards means that maximum area of the floodplain that, on average,
is likely to be flooded once every 100 years (i.e., that has a one-percent
chance of being flooded each year).
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 areas identified as floodway in the Flood Insurance Study
prepared by the Federal Emergency Management Agency. The term shall
also include floodway areas which have been identified in the other
available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
FLOODWAY FRINGE
Those portions of land within the FP-Floodplain District
subject to inundations by the one-hundred-year flood, beyond the floodway
in areas where detailed study and profiles are available.
FLOOR AREA OF A BUILDING (GROSS)
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FLOOR AREA RETAIL, NET
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer, but not
to include office space, storage space and other general administrative
areas.
FLOOR AREA, 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, closets, nor unheated areas such as enclosed porches.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of not less than six feet, and floor area of that
part of any room where the ceiling height is less than five feet shall
not be considered as part of the habitable floor area.
FLOOR, LOWEST
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage in an area other than a basement area, is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
FLORIST
One who sells or grows for sale flowers and ornamental plants.
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.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
FRONT FAÇADE AREA
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public rights-of-way.
[Added 11-17-2021 by Ord. No. 813]
FRONTAGE
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
FUTURE RIGHT-OF-WAY
The right-of-way width required for the expansion of existing
streets to accommodate anticipated future traffic loads; a right-of-way
established to provide future access to or through undeveloped land.
GARAGE
(1)
GARAGE, PRIVATEAn accessory building for the storage of one or more motor vehicles accessory and incidental to the primary use of the premises, provided that no business, occupation or service is conducted for profit therein.
(2)
GARAGE, PUBLICAny garage not a private garage and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.
GARBAGE
Animal and vegetable waste resulting from the handling, storage,
sale, preparation, cooking and serving of foods. (Also see "solid
waste.")
GARDEN STRUCTURES
Any accessory structure which may be used or occupied for
other than sleeping or general housekeeping purposes.
GARDENING
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
GASOLINE SERVICE STATION
A building on a lot or part thereof that is used primarily
for the retail sale of gasoline, oil or other fuel and which may include
facilities used for polishing, greasing, washing, dry-cleaning or
otherwise cleaning or servicing automobiles and other vehicles, not
to include mechanical repairs or body work.
GOLF COURSE
Any regulation eighteen-hole, nine-hole or executive (par
three) golf course, including any driving ranges, chip-n-putt, nine-hole,
or miniature golf courses.
GOVERNING BODY
The Board of Commissioners of the Township of Upper Allen,
Cumberland County, Pennsylvania.
GOVERNMENTAL AUTHORITY
Any federal, state or local agency having authority over
health factors, such as sewers, water and other related matters.
GREENWAYS
A greenway may be any one or combination of the following:
(1)
A linear open space established along either a natural corridor,
such as a riverfront, stream valley or ridgeline, or over land along
a railroad right-of-way converted to recreational use, a canal, a
scenic road, or other route;
(2)
A natural or landscaped course for pedestrian or bicycle passage;
(3)
An open space connector linking parks, natural reserves, cultural
features or historic sites with each other and with populated areas;
and
(4)
Strip or linear parks designated as a parkway or greenbelt.
GROSS BUILDING AREA
The total area of a building available for construction or
use, as measured from the exterior walls of the building. Gross building
area should be used in computing all square footage measurements for
buildings as well as dimension requirements.
GROUND COVER
Any vegetative and nonvegetative planting material such as,
but not limited to, ornamental grasses, shrubs, rocks, small stones,
bark and natural red earth which hold and stabilize soils.
[Added 10-7-2020 by Ord.
No. 797]
GROUND FLOOR
The floor of a building nearest the mean grade of the front
of the building.
GROUP CARE FACILITY
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimal level of
supervision but do not require medical or nursing care or general
supervision. A group care facility must be licensed and/or approved
by the Pennsylvania Department of Public Welfare.
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 section 802 of Title 21)." This definition was subsequently adjusted by Section 512
of the Americans with Disabilities Act to address certain situations related to substance abuse
treatment.
GROUP QUARTERS
Any dwelling or portion thereof which is designed or used
for persons unrelated to each other occupying the dwelling unit and
having common eating facilities. Group quarters include, but are not
limited to, boardinghouses or lodging houses, fraternity and sorority
houses, theme houses and other quarters of an institutional nature.
Group quarters owned and operated by a parent religious, educational,
charitable or philanthropic institution. Group quarters shall exclude
hotels, motels, dormitories, emergency shelters, student housing,
nursing facilities and personal care facilities. In zoning districts
where group quarters are permitted, other than institutional, group
quarters shall be limited to no more than 10 persons.
GROWER/PROCESSOR, MEDICAL MARIJUANA
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
For purposes of this chapter, this use shall meet the requirements
of manufacturing uses.
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 United States Environmental
Protection Agency, the Pennsylvania Department of Environmental Protection,
or the Township as having the potential to damage health or impair
safety. Hazardous materials include, but are not limited to, inorganic
mineral acids or sulphur, 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 United States 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:
(1)
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
(2)
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
(Note: "Hazardous waste" shall also include any added components
from the Solid Waste Management Act of July 7, 1980, P.L. 380, No.
97, as amended.)
|
HAZARDOUS 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.
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennae mounted on the tower and any other appurtenances.
HEIGHT OF A WIRELESS SUPPORT STRUCTURE
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added 11-17-2021 by Ord. No. 813]
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.
HISTORIC SITE
A structure or place of historical significance. May be designated
as such by local, state or federal government.
HOME GARDENING
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock and permitting the sale of produce raised thereon.
HOME OCCUPATION
A business or commercial activity that is conducted as an
accessory use in a principal unit clearly incidental and secondary
to the residential living use. The occupation shall be conducted entirely
within a dwelling and meeting the criteria set forth in this Zoning
Ordinance. No goods are to be publicly displayed on the premises other
than a sign as provided herein.
HONEYBEE
Honeybees are limited to European races of Apis mellifera.
HONEYBEE APIARY
A place where honeybee colonies and/or hives, and other beekeeping
equipment, are kept.
HONEYBEE COLONY
An aggregate of worker bees, drones, queen, and developing
brood living together in a social family unit in a hive.
HONEYBEE COMB
A mass of six-sided cells made of wax by honeybees in which
a brood is reared and honey and pollen are stored; composed of two
layers united at their bases.
HONEYBEE HIVE
A box or receptacle with movable frames, used for housing
a colony of bees.
HORTICULTURE
The growing of fruit, vegetables, flowers, ornamental plants
or trees for a profit.
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.
HOUSE OF WORSHIP
A building, structure, or group of buildings or structures,
including accessory uses, designed, intended or used for public worship.
This definition shall include temples, rectories, chapels, convents,
cathedrals, parish houses, synagogues, and church-related educational
and/or day-care facilities. Use as a residence is not permitted except
as a rectory for one family or as a convent or monastery.
IMPERVIOUS SURFACE
A surface that does not absorb rain, including all buildings
and other structures, parking areas, driveways, roads, sidewalks,
storage areas and areas of concrete, nonporous asphalt and compacted
stone and other such areas as shall be determined to be nonporous
by the Board of Commissioners of Upper Allen Township and/or Township
Engineer.
IMPROVED PUBLIC STREET
Any street for which the Township, county, or commonwealth
has maintenance responsibility and which is paved with an approved
hardtop surface.
IMPROVEMENTS
Those physical additions, installations and changes required
to render land suitable for the use intended, including 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.
IMPULSIVE SOUND
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sound include
explosions, drop force impacts, punch presses, and the discharge of
firearms.
INDIVIDUAL ON-LOT SEWAGE SYSTEM
Any system of piping, tanks or other facilities serving on
a single lot and collecting and disposing of sewage in whole or in
part into the soil and any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposition, and
which is located upon the lot which it serves.
INDOOR RECREATION FACILITY; THEATER; POOL PARLOR
An establishment in which any recreational activities, be
it ping-pong, billiards, or a play or movie is carried out for pure
entertainment purposes for both the participants as well as the audience.
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 arrange to ensure
compatibility between the industrial operations in the park and the
surrounding area through such devices as landscaping, architectural
control, setbacks and use requirements.
INDUSTRY
The manufacturing, compounding, processing, assembling or
treatment of materials, articles or merchandise.
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.
INSTITUTIONAL FACILITY
A public or private benevolent establishment devoted to the
shelter, maintenance or education and care of minor children, homeless,
aged or infirm persons, or members of a religious community. This
classification shall not include almshouses, penal or reformatory
institutions, nursing homes, hospitals or institutions for the custody,
care or treatment of persons suffering from dementia, mental derangement
or drug or alcoholic addiction.
INTERIOR WALK
The right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
INTERSTATE SYSTEM
That portion of the national system of international and
defense highways located within Pennsylvania, as officially designated
or as may hereafter be designated by the Secretary of the Pennsylvania
Department of Transportation and approved by the United States Secretary
of Transportation, pursuant to the provisions of Title 23, United
States Code, titled "Highways."
JUNK
Discarded materials, articles or things possessing value
in part, gross or aggregate, and including, but not limited to, scrapped
and inoperable motor vehicles and parts thereof, but not including
garbage or other organic waste or farm machinery; provided that said
farm machinery is used in connection with a bona fide agricultural
business, or objects or materials accumulated on any premises as the
by-products, waste or scraps of a legitimate business, other than
a "junkyard," as defined in this article, conducted thereon.
JUNK-VEHICLE
A motor vehicle or trailer from which parts or accessories
have been removed or that shall be inoperable as a result of damage
thereto. A junk vehicle may also meet the definition of a dismantled
or inoperable motor vehicle.
JUNKYARD
Any place or establishment where junk is stored or accumulated
out of doors or in any manner other than within a building, edifice
or structure that is enclosed on all sides, where the business of
selling, buying or dealing in junk is carried on or where 10 or more
motor vehicles which are unlicensed, inoperable and do not have a
current and valid inspection sticker as required by the Motor Vehicles
Laws of the Commonwealth of Pennsylvania are stored out of doors;
but not including any place where inoperable motor vehicles intended
to be repaired are stored for a period not in excess of 30 days in
connection with a bona fide automotive repair business.
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.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any other purpose involving:
(a)
Groups of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively; or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(b)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominium, building groups or other features.
(3)
Land development shall not include:
(a)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium; or
(b)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
LAND-USE CONTROLS
A term generally referring to the use of police power techniques
to control and guide land use and development.
LANDFILL
See "sanitary facility, landfill or incinerator."
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if authorized
under the lease to exercise the rights of the landowner, or other
person having a proprietary interest in the 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 Board of Commissioners of Upper Allen Township.
LANDSCAPING AND GARDEN SERVICE, NONRETAIL
A business establishment which specializes in the installment
and/or care of lawns, landscaping, and general property maintenance,
including snow removal, with all retail transactions occurring off-site.
The business may also offer design and implementation services for
sidewalks, walkways, decks, retaining walls, patios, lighting, and
other external design elements outside of a building.
LANDSCAPING AND GARDEN SERVICE, RETAIL
A retail or wholesale business establishment which specializes
in the sale of plants, soils, landscaping tools, hardscaping and other
landscaping and garden accessories. Greenhouse structures may be made
chiefly with transparent or translucent roof and/or wall panels intended
for raising plants. The business may also offer design and implementation
services for sidewalks, walkways, decks, retaining walls, patios,
lighting, and other external design elements outside of a building.
LANDSCAPING ISLAND
A section of raised land not less than nine feet in width
and a depth equal to the parking stalls, intended for plant materials,
and for the purpose of creating a visual separation between parking
spaces and to separate parking spaces from the entrance and exit drives
and circulatory roads. Landscaping islands may be lowered or flush
when designed as part of a stormwater collection system.
[Added 10-7-2020 by Ord.
No. 797]
LARGE COMMERCIAL ESTABLISHMENTS
A commercial establishment, whether for retail or wholesale
purposes or any combination of retail establishments, in a single
building, occupying more than 25,000 gross square feet of lot area.
A commercial establishment of 25,000 gross square feet or greater
in existence as of the effective date of this chapter shall be classified
"a large commercial establishment" when the establishment's gross
floor area is increased by 50% or more and shall meet the standards
set forth in the Upper Allen Township Zoning Ordinance.
LAUNDERETTE
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities,
provided as an accessory use in an apartment house or an apartment.
LIBRARY
A place in which literary, musical, artistic or reference
materials (such as books, manuscripts, recordings or films) are kept
for use but not for sale. Ancillary uses may include spaces for public
meetings, learning programs, and other social activities.
LIGHTING
(1)
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
(2)
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
(3)
INDIRECTThe 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 that is customarily kept and
housed outside the home or in enclosures such as pens, barns, corrals
or paddock areas. Livestock includes, but is not limited to, animals
of the bovine, swine or sheep family.
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 commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on or has access to a street.
LONG-TERM NURSING CARE FACILITY
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 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.
(1)
LOT, AREAThe area contained within the property lines of a lot, as shown on a subdivision plan, excluding space within any street but including the area of any easement.
(2)
LOT, CORNERA lot with two adjacent sides abutting on streets which has an interior angle of less than 135° at the intersection of the two street lines. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
(3)
LOT, FLAGA large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.
(5)
LOT, MINIMUM WIDTHThe horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
(6)
LOT, NONCONFORMINGA lot, the area, dimension, location or other characteristic of which was lawful prior to the adoption, revision 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, revision or amendment.
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
(7)
LOT, REVERSE FRONTAGEA through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. In the case of a lot fronting on streets of different classification, access to the lot shall be from the lower classified roadway in accordance with the Upper Allen Township Comprehensive Plan Classification of Roadways.
(8)
LOT, THROUGHA lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. Lots fronting on a street and an alley are not considered "through lots."
LOT COVERAGE
The total of impervious areas, including building area divided
by lot area.
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and reverse frontage
lots, the depth shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
LOT LINES
The boundary lines of a lot as defined herein.
(1)
FRONT LOT LINEThe lot line separating a lot from a street right-of-way. In the case of a corner lot or a lot abutting a street right-of-way on more than one side, the front lot line shall be determined based on the street address assigned by the post office.
(2)
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a corner lot, the owner shall have the option of choosing which of the two lot lines which are not street lines is to be considered a "rear lot line." In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a "rear lot line."
(4)
STREET LINEA line defining the edge of a street right-of-way and separating the street from abutting property or lots; commonly known as the "street right-of-way line."
LOT OF RECORD
A lot which has been recorded in the Office of the Recorder
of Deeds of Cumberland County, Pennsylvania.
LOT WIDTH
The distance measured between the side lot lines at the required
or proposed building setback line. When there is only one side lot
line, as in the case of single-family semidetached or some single-family
attached dwellings, the lot width shall be measured between the side
lot line and the center line of the party wall. For interior single-family
attached dwellings, lot width shall be measured between the center
lines of party walls. On corner lots, lot width shall be measured
between the right-of-way line for the non-address street and the directly
opposite property line.
LUMINAIRE
A complete lighting unit consisting of a lamp or lamps, together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power supply.
MAILED NOTICE
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home. (See also
"mobile home lot.")
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.
MANUFACTURING USES
Manufacturing and storage uses that do not constitute an
unusual fire or explosion hazard or create a nuisance by reason of
smoke, odor, dust, noise or glare. Also, manufacturing uses that do
not cause dust, smoke, fumes, gas or offensive odors to be disseminated
beyond the lot boundaries; vibration beyond lot boundaries; noise
exceeding that of off-street traffic at the front lot line; or a glare
observable from beyond the lot boundaries. These include, but are
not limited to, food processing; manufacture of furniture, textiles,
leather, rubber, paper, fabricated metals, machinery and glass; stone
and clay processing; printing, polishing, photography and related
industries; instrument, tool-and-die and cabinetmaking; metal and
wood fabrication; assembly of electronic apparatus; electroplating,
molding and other related industries; warehousing and distribution.
MANURE
The fecal and/or urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
MARGINAL ACCESS STREET
Minor streets, parallel and adjacent to major traffic streets,
which provide access to abutting properties and control intersections
with major traffic street.
MARKET MANAGER
A person or organization that manages the operation of the
farmers market, assigns space to producers and sellers, directs the
maintenance of premises and records, and performs related duties as
required.
MASSAGE PARLOR
An establishment whose business emphasis is the administration
of nonsexually oriented massage to patrons by employees.
MEDICAL AND SIMILAR LABS AND CLINICS
Any building for which the use has 10,000 square feet or
larger; 90% or more of the occupying use is medically related; surgical
or testing facilities are present; and crisis care services with accommodations
for ambulances or emergency vehicles or services offered more than
60 hours per week.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally prescribed
by the Commonwealth of Pennsylvania with Act 16.
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
a boardinghouse, tavern, restaurant open to the general public, or
auditorium, unless that particular use is permitted in that district
and the applicable requirements of that use are met.
MICROBREWERY
A restaurant with facilities for brewing beer on-site that
produces less than 15,000 barrels annually and is licensed by the
Pennsylvania Liquor Control Board. It may include a tasting room and
retail space to sell the beer to patrons on site.
MICRODISTILLERY
A business known as a craft or designer distillery that manufactures
spirituous liquors on site for distribution off site in quantities
not to exceed 10,000 gallons of liquor annually and is licensed by
the Pennsylvania Liquor Control Board. It may include a restaurant,
tasting room, and retail space to sell the liquors to patrons on site.
MILL
A building or group of buildings equipped with machinery
for processing raw materials into finished or industrial products.
MINI STORAGE WAREHOUSES
A facility providing for the enclosed storage of household
items or recreational equipment, where said items are retained for
direct use by their owner, who shall have direct access thereto without
intermediate handling by the proprietor of the facility.
MIXED USE
Occupancy of a building or land for more than one use.
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.
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land under single ownership
which has been so designated and improved that it contains two or
more mobile home lots for the placement thereon of mobile homes for
nontransient use.
MOBILE HOME STAND OR PAD
That part of an individual mobile home space which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 11-17-2021 by Ord. No. 813]
MODULAR/MANUFACTURED HOME
A type of dwelling that is in substantial part but not wholly
produced in sections off the site and then is assembled and completed
on the site. This shall not include any dwelling that meets the definition
of mobile home, nor shall it include any dwelling that does not rest
on a permanent foundation, nor any dwelling intended to be able to
be moved to a different site once assembled, nor any dwelling that
would not fully comply with any and all applicable building codes.
A modular home also shall not include a building that includes only
one substantial piece prior to delivery on the site.
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
MOTEL
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients, including auto courts, motor
lodges and similar establishments.
MOTOR FREIGHT TERMINAL
A terminal that is primarily centered around the storage
and distribution of motor freight.
MOTOR VEHICLE
A means of transportation designed for the conveyance of
persons or property requiring a registration under the laws of the
Commonwealth of Pennsylvania for operation upon public highways, including
an automobile, truck, bus, motor home, motorcycle or travel trailer.
MUNICIPAL USES AND BUILDINGS
Includes public and semipublic uses of welfare and educational
nature, such as parks, fire stations, municipal buildings and municipal
garages, etc.
MUNICIPAL WASTE
Municipal waste as defined in the Municipal Waste Planning,
Recycling, and Waste Reduction Act of July 28, 1988, as may be amended
and supplemented.
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
NATURAL FEATURE
A component of a landscape existing or maintained as part
of the natural environment and having ecologic value in contributing
beneficially to air quality, erosion control, groundwater recharge,
noise abatement, visual amenities, growth of wildlife, human recreation,
reduction of climatic stress or energy costs. Such features include
those which, if disturbed, may cause hazards or stress to natural
habitats, property or the natural environment.
NATURAL PRODUCTION USES
A lot or parcel of land or part thereof used for the purpose
of extracting stone, sand, clay, gravel or topsoil for sale, and excluding
the process of grading a lot preparatory to the construction of a
building for which application for a building permit has been made.
NIGHTCLUB
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment can be offered. For
the purposes of this definition, "live entertainment" is meant to
include the use of disc jockeys for the purposes of supplying musical
entertainment. Nightclubs may also provide for on-site consumption
of food. Additionally, nightclubs can offer the retail sale of carry-out
beer and wine as an accessory use. Nightclub includes an "under 21"
club which features entertainment. Nightclubs shall not include adult
businesses or adult regulated uses of any type.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. Requirements set forth in Article
XIV shall be met in order to determine if a home business is a no-impact business.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including,
but not limited to, antennae and related equipment. Non-tower WCFs
shall not include support structures for antennae or any related equipment
that is mounted to the ground or at ground level.
NONCONFORMING LOT
See "lot, nonconforming."
[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation.
NONCONFORMITY, DIMENSIONAL
Any aspect of a land use that does not comply with any size,
height, bulk, setback, distance, landscaping, coverage, screening,
or any other design or performance standard specified by this chapter,
where such dimensional nonconformity lawfully existed prior to the
adoption of this chapter or amendment thereto.
NUISANCE
Anything that interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
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.
OCCUPANCY PERMIT
A permit stating that all work indicated on a building permit
has been satisfactorily completed or, in cases not involving construction,
a proposed new use is in conformity with this chapter and the building
or lot may be occupied.
OFF SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application, or on a contiguous portion of a street
or right-of-way.
OFF TRACT
Not located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OFF-STREET PARKING
Parking of motor vehicles as an accessory use located upon
the same lot as a permitted principal use or, in the case of joint
parking, within close proximity to serve the parking requirements
and needs of the principal use.
OFFICE BUILDING
A building designed or used primarily for office purposes,
no part of which is used for manufacturing or for dwelling other than
by a watchman or janitor.
OFFICE CENTER
A group of offices planned and designed to function as a
unit for the lot(s) on which it is located, with off-street parking
provided as an integral part of the unit.
OFFICES, CONTRACTORS
An office or shop, with an accessory storage yard, of a building,
electrical, or mechanical contractor.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code.
ON SITE
Located on the lot in question.
OPEN PIT MINING
Open pit mining shall include all activity which removes
from the surface or beneath the surface of the land materials, mineral
resources, natural resources or other elements of economic value by
means of mechanical excavation necessary to separate the desired material
from an undesirable one or to remove the strata or material which
overlies or is above the desired material in its natural condition
and position. Open pit mining includes, but is not limited to, excavation
necessary to the extraction of sand, gravel, topsoil, limestone, sandstone,
coal, clay, shale and iron ore.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for the public or
private use or enjoyment or for the use and enjoyment of owners and
occupants of land adjoining or neighboring on such open space.
OUTDOOR LIGHTING
An illumination source outside any building, including, but
not limited to, an incandescent bulb, mercury, sodium or neon-filled
bulb, and the hardware containing the illumination source and supporting
it. Lighting fixtures underneath a roof of an open-sided building,
including, but not limited to, storage sheds, canopies and gas station
marquees over gas pumps, are deemed to be "outdoor lighting."
OUTDOOR LIGHTING FIXTURE
Lighting fixture located outside any building, whether the
fixture is freestanding on its own pole or other structure or is attached
to any part of the facade or roof of a building. Includes the hardware
that houses the illumination source and into which the illumination
source is attached; also includes, but is not limited to, the hardware
casing and the neck of a fixture that is attached to a pole, the side
of a building or some other surface.
OVERLAY ZONES
A set of zoning requirements that is described in the ordinance
text is mapped and is imposed in addition to those of the underlying
district. Developments within the overlay zone must conform to the
requirements of both zones or the more restrictive of the two.
OWNER
Any person who, alone or jointly or severally with other
persons, has legal title to any premises. This does not include a
lessee, sublessee or other person who merely has the right to occupy
or possess the premises.
OWNER OCCUPIED
The property owner, as reflected in title records, makes
his or her legal residence at the site, as evidenced by voter registration,
vehicle registration or similar means.
PARCEL
A lot or contiguous group of lots in single ownership or
under single control and usually considered a unit for purposes of
development.
PARKING GARAGE
A building where passenger vehicles may be stored for short-term,
daily or overnight off-street parking.
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 for a fee.
PARTY
A person or group taking one side of a question, dispute
or contest.
PEDESTRIAN WALKWAY
An improved thoroughfare designated exclusively for pedestrian
traffic.
PERFORMANCE BOND
An agreement by and between a contractor and a bonding company
in favor of the developer and the Board of Commissioners of Upper
Allen Township, guaranteeing the completion of physical improvements.
PERFORMANCE STANDARDS
A minimum requirement or maximum allowable limit on the effects
or characteristics of a use, usually written in the form of regulatory
language.
PERMEABLE SURFACE
Any area paved with porous asphalt, pervious concrete, open-jointed
blocks, or other materials designed to allow infiltration of at least
50% of surface runoff during a typical rain event into an underlying
stone reservoir that temporarily stores surface runoff before it infiltrates
into the subsoil.
PERMISSIBLE USE
A use by right which is specifically authorized in a particular
zoning district.
PERSON
Includes one or more individuals, partnerships, associations,
organizations, corporations, legal representatives, trustees in bankruptcy
or receivers.
PERSONAL CARE FACILITY
A personal care facility that requires a building larger
than a single-family residential unit to accommodate the number of
residents served and special and accessory commercial services provided;
often called an "assisted-living center." The personal care center
may be a stand-alone facility or may be part of a continuing care
retirement community.
PERSONAL CARE HOME
A facility defined and licensed by the Commonwealth of Pennsylvania
Department of Public Welfare in accordance with Title 55 of the Pennsylvania
Code, Chapter 2600. A personal care home is a premises in which food,
shelter and personal assistance or supervision are provided for a
period exceeding 24 hours for four or more adults who are not relatives
of the operator, who do not require the services in or of a licensed
long-term-care facility, but who do require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation of a residence in the event of an emergency or medication
prescribed for self-administration. A "halfway house" is not a personal
care home.
PERSONAL CARE HOME, SINGLE-FAMILY, DETACHED DWELLING
A personal care home occupying a single-family residential
unit, provided the unit is similar in size and character as the surrounding
residential units and is in compliance with all district and bulk
and area regulations. These personal care homes shall be permitted
by right in any district which allows single-family dwellings.
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 regulated facilities
as defined herein.
PERVIOUS SURFACE
A surface that permits full or partial absorption of stormwater.
PESTICIDE
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds or other
forms of plant or animal life.
PETROLEUM PRODUCT
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as sludge, as oil
refuse, or mixed with other wastes.
PLAN
The map or plan of a subdivision or land development, whether
sketch, preliminary or final.
(1)
PLAN, FINALA complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.
(2)
PLAN, PRELIMINARYA tentative land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
(3)
PLAN, SKETCHAn informal land development plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development for discussion purposes only and not to be presented for approval.
PLANNED RESIDENTIAL DEVELOPMENT
A contiguous area of land controlled by a landowner to be
developed as a single entity for a number of residential and nonresidential
units, the development plan for which does not correspond in lot size,
bulk or type of dwelling, density, lot coverage and required open
space to the regulations established in any one residential district
created from time to time under the provisions of a municipal zoning
ordinance.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or an exception to a revision to, the Township's
Official Sewage Facilities Plan, submitted in connection with the
request for approval of a subdivision or land development in accordance
with Department regulations.
PLANTING STRIP
An easement area where plants, shrubs, trees and ornamental
grasses shall be permitted to provide privacy between neighboring
properties. No structures, principal or accessory, shall be permitted
in a planting strip.
[Added 10-7-2020 by Ord.
No. 797]
POLE or POLES
Any freestanding structure located within the public rights-of-way,
including but not limited to utility poles, streetlights, traffic
lights and signage that may support, hold, or house wireless communications
facilities, wireless accessory equipment, or related equipment.
[Added 11-17-2021 by Ord. No. 813]
POULTRY
A domestic fowl, including chickens, turkeys, geese and ducks.
POWER-GENERATION FACILITY
A facility that generates electric power for the purpose
of transmission of such electricity to other users not located at
the site where the electricity is generated.
PRACTICE OF ENGINEERING
The application of the mathematical and physical sciences
for the design of public or private buildings, structures, machines,
equipment, processes, works of engineering systems, and the consultation,
investigation, evaluation, engineering surveys, planning and inspection
in connection therewith; the performance of the foregoing acts and
services being prohibited to persons who are not licensed under the
laws of the commonwealth as professional engineers unless exempt under
other provisions of the laws of the commonwealth. The term "practice
of engineering" shall also mean and include related acts and services
that may be performed by other qualified persons, including, but not
limited to, municipal planning, incidental landscape architecture,
teaching, construction, maintenance and research, but licensure under
the laws of the commonwealth to engage in or perform any such related
acts and services shall not be required.
PRACTICE OF LAND SURVEYING
The practice of that branch of the profession of engineering
which involves the location, relocation, establishment, reestablishment
or retracement of any property line or boundary of any parcel of land
or any road right-of-way, easement of alignment, the use of principles
of land surveying, determination of the position of any monument or
reference point which marks a property line boundary or corner setting,
resetting or replacing any such monument or individual point, including
the writing of deed descriptions, procuring or offering to procure
land surveying work for himself or others, managing or conducting
managers, proprietors or agents of any place of business from which
land surveying work is solicited, performed or practiced; the performance
of the foregoing acts and services being prohibited to persons who
are not granted certificates of registration under the laws of the
commonwealth as a professional land surveyor unless exempt under other
provisions of the laws of the commonwealth.
PREAPPLICATION CONFERENCE
An initial meeting between developers and the Planner, Zoning
Officer and/or Township Engineer which affords applicants and/or developers
the opportunity to present their proposals informally.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
PRELIMINARY SUBDIVISION PLAT
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
PREMISES
The property upon which the activity is conducted, as determined
by physical facts rather than property lines.
PRIMARY SYSTEM
The portion of connected main highways located within Pennsylvania
which now or hereafter may be designated officially by the Secretary
of the Pennsylvania Department of Transportation and approved by the
Secretary of Transportation of the United States pursuant to Title
23, United States Code, titled "Highways."
PRIOR APPROVED DESIGN
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the municipality.
[Added 11-17-2021 by Ord. No. 813]
PRIVATE
Not publicly owned, operated or controlled.
PRIVATE or NONPUBLIC STREET
All streets which are not public, including, but not limited
to, streets maintained by private agreements, by private owners, or
for which no maintenance responsibility has been established.
PRIVATE RECREATIONAL FACILITY
A privately owned facility for recreational purposes, including,
but not limited to, such uses as parks, nature trails and wildlife
sanctuaries and excluding uses which would commonly be considered
a nuisance because of noise, pollution, etc., such as racing, touring
and promotion of motor vehicles.
PRODUCER
The person or entity that (a) raises or produces farm products
on the land that the person or entity farms and owns, rents, or leases;
or (b) a person or entity that creates (by cooking, canning, baking,
preserving, roasting, etc.) value-added farm products.
PROFESSIONAL ENGINEER
An individual licensed and registered under the laws of this
commonwealth to engage in the practice of engineering. A professional
engineer may not practice land surveying unless licensed and registered
as a professional land surveyor, as defined and set forth in this
chapter; however, a professional engineer may perform engineering
land surveys.
PROFESSIONAL LAND SURVEYOR
An individual licensed and registered under the laws of this
commonwealth to engage in the practice of land surveying. A professional
land surveyor may perform engineering land surveys but may not practice
any other branch of engineering.
PROFESSIONAL OCCUPATION
The practice of a profession by an attorney, physician, surgeon,
osteopath, chiropractor, dentist, optician, optometrist, chiropodist,
engineer, surveyor, architect, landscape architect, or city planner
entitled to practice under the laws of the Commonwealth of Pennsylvania.
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
Owned, operated or controlled by a governmental agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Department of
Education).
PUBLIC 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.
PUBLIC GROUNDS
Includes:
(1)
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
(2)
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
(3)
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body of Upper Allen Township or Planning Commission, intended to inform
and obtain public comment prior to taking action in accordance with
this chapter.
PUBLIC IMPROVEMENTS
An improvement that has been or will be dedicated for public
use or that is designed to provide adequate transportation, water,
sewerage, flood protection or recreational facilities or to serve
other public requirements in accordance with the Upper Allen Township
Subdivision and Land Development Ordinance.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A., Chapter
7, relating to open meetings.
PUBLIC NOTICE
A notice, in accordance with the Pennsylvania Municipalities
Planning Code, 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. 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/PUBLIC GROUNDS
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 SEWER
A municipal sanitary sewer system, or a comparable common
or package sanitary facility approved by the State of Pennsylvania,
Department of Environmental Protection.
PUBLIC STREET/ROAD
A street ordained or maintained or dedicated and accepted
by the Township, county, state or federal governments and open to
public use.
PUBLIC UTILITY BUILDINGS 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.
PUBLIC UTILITY TRANSMISSION TOWER
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
PUBLIC WATER
A municipal water supply system, or a comparable common water
facilities approved by the State of Pennsylvania Department of Environmental
Protection.
RACETRACK
A facility built for racing of vehicles, athletes, or animals.
A racetrack may include seating, concession areas, suites, and parking
facilities, but does not include accessory offices, residences, or
retail facilities.
RECREATION
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including, but not limited
to:
(1)
Sports (individual, dual, team, coed recreational, and combative),
athletics; both land- and water-based.
(2)
Arts and crafts, spectating, picnicking, nature study, and board
games.
(3)
Dance, drama, music, games, social recreation, special events,
hiking/walking, cycling, hobbies, outdoor educational activities,
and cultural activities.
RECREATION AREA, ACTIVE
Any area developed in such a manner as to be conducive to
those activities that fall within the range of active recreation.
Examples: athletic fields and hard-surfaced courts, pools, large dams,
bicycle and walking trails, open turf areas, and apparatus areas.
RECREATION AREA, PASSIVE
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive recreation.
Examples: scenic vistas, natural areas, craft areas, meeting areas,
sitting areas, walkways, sunbathing, gardens, streams and impoundments,
social events, picnicking, and spectating areas.
RECREATION, ACTIVE
Any recreational activity that requires some physical exertion
on the part of the participant.
RECREATION, OPEN SPACE
The area of land suitable for the development of specific
active recreation facilities for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including,
but not limited to, baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools and attendant facilities.
RECREATION, PASSIVE
Any recreational activity that requires little or no physical
exertion on the part of the participant.
RECYCLING YARD
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material, or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Amended 11-17-2021 by Ord. No. 813]
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, hydroelectric
energy and excluding those sources of energy used in the fission and
fusion process.
RESEARCH TESTING/EXPERIMENTAL LAB
Including experimental study, testing and analysis of soils,
medicines, new technology, products and similar items and areas of
research.
RESIDENTIAL DEVELOPMENT
A "subdivision" or "land development," as those terms are
defined in the Pennsylvania Municipalities Planning Code, whether initially or cumulatively, of a tract under single
or separate ownership, for the purpose of erecting residential dwelling
units.
RESORT
A hotel or motel that serves as a destination point for visitors.
A resort generally provides recreational facilities for persons on
vacation. A resort shall be self-contained and provide personal services
customarily furnished at hotels, including the serving of meals, and
a conference/convention center. Buildings and structures in a resort
should complement the scenic qualities of the location in which the
resort is situated.
RESTAURANT
An establishment that primarily or solely provides food and
drink to patrons and that routinely involves the consumption of at
least a portion of such food and drink on the premises. A restaurant
may include a drive-up or drive-through service. A restaurant may
include the accessory sale of alcoholic beverages. However, if such
sale is a primary or a substantial portion of the total trade, the
requirements of a tavern, microbrewery, microdistillery or nightclub,
as applicable, shall apply.
RETAIL BUSINESS
An establishment which sells goods or merchandise to the
general public for personal and household consumption and provides
accessory repair services for goods or merchandise that is similar
to that which is sold on the premises and render services incidental
to the sale of such goods. This does not include adult regulated facilities
and restaurants, as defined herein. Retail business shall include
variety stores, apparel stores, florists, drugstores, grocery stores,
liquor stores, antique shops, music shops, sporting goods stores,
book, stationary, magazines, candy and tobacco shops, and other outlets
that sell goods or merchandise on a retail basis.
RETAINING WALL
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
RETENTION BASIN
A man-made or natural water-collector facility designed to
collect surface and subsurface water in a permanent pool for water
quality treatment. A retention basin may provide temporary control
of stormwater runoff above the permanent pool elevation to store and
release stormwater gradually or at a rate not greater than that prior
to development of the property into natural or man-made outlets.
[Amended 10-7-2020 by Ord. No. 797]
RIDING ACADEMY or BOARDING STABLE
An establishment where horses are kept for riding or driving,
or are stabled for compensation, or incidental to the operation of
any club, association, farm or similar establishment.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
(1)
EXISTING RIGHT-OF-WAYThe right-of-way established by the state or other appropriate governing authority and currently in existence.
RIGHT-OF-WAY, STREET
A public or private thoroughfare for vehicular traffic and/or
pedestrian traffic, whether designated as a street, highway, thoroughfare,
parkway, road, avenue, boulevard, land or otherwise.
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, Articles
VII to Article
IX, and any state or federal act or laws, as applicable and amended, such as the Solid Waste Management Act, the Clean Streams Law, and all applicable federal regulation, such as the Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. §§
6901 to 6992 and 40 CFR Parts 260 to 279. A waste disposal or processing
plant may include landfills, incinerators, impoundment, transfer facilities,
composting facilities or resource recovery facilities, as defined
in the Pennsylvania Code.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface, which is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn or cornucopia, and including its pedestal and other attachments.
Such device shall be used to transmit and/or receive radio or other
electromagnetic waves between terrestrially and/or orbitally based
uses. This definition is meant to include, but not be limited to,
what are commonly referred to as "satellite earth stations," "televisions
receivers only" or TVROs, and "satellite microwave antennas."
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.
(1)
COLLEGEThe same as elementary and secondary school, except general education and/or research is provided above the level of the secondary school and may include junior college, college or university, and is authorized to grant academic degrees. A college may include dormitories.
(2)
SCHOOL, COMMERCIALA school conducted for profit for such instruction as business, art, music, trades, handicraft, dancing or riding.
(3)
SCHOOL, ELEMENTARYAny school having regular sessions with employed instruction which teaches those subjects that are fundamental and essential in general education for elementary grades.
(5)
SCHOOL, NURSERY (DAY-CARE CENTER)A facility not in a private residence, enrolling four or more children no more than five years of age and where tuition or other forms of compensation for the instruction and care of the children is charged. Such facility shall employ licensed personnel and shall be licensed by the Commonwealth of Pennsylvania.
(6)
SCHOOL, PUBLICA public place of instruction other than a commercial school operated by a public agency.
(7)
SCHOOL, SECONDARYThe same as elementary school, except general education is provided for secondary grades.
(9)
SCHOOL, VOCATIONALThe 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 property owners 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, berm, shrubs, hedges, sight-tight fences
and/or other similar-type materials.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
SEMITRAILER PARKING LOT
An area of land or a structure used for the purpose of providing
temporary, daily or overnight off-street parking of semitrailers when
operated in connection with an existing warehouse, transportation
terminal, trucking terminal, manufacturing, or other industrial use
located on another lot.
SETBACK (BUILDING SETBACK LINE)
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent dedicated
right-of-way, and the line defining rear and side yards, where required.
SEWER
A public or private utility system designed to collect, centrally
treat and dispose of sewage from customers in compliance with Pennsylvania
Department of Environmental Protection regulations or regulations
of the Township, whichever is more stringent. See also "community
sewage system" and "individual on-lot sewage system."
SHADE TREE
A tree in a public place, street, special easement, private
property or right-of-way adjoining a street that provides shade.
SHARED DRIVEWAY
A path or road extending from a public or private road to
two lots, buildings, dwellings or structures, intended to provide
shared or joint ingress and egress primarily for the occupants thereof.
SHOPPING CENTER, MALL or PLAZA
A group of stores planned and designed to function as a unit
for the lot(s) on which it is located, with off-street parking provided
as an integral part of the unit.
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.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SINGLE-LOADED STREETS
Streets having houses only on one side. [Comment: When lots
are trimmed down in width developers can easily reserve certain street
lengths for single-loading, such as alongside conservation areas or
around village greens or commons, without increasing the average house-lot-to-street-length
ratios. Single-loading provides home buyers with views that are more
uplifting than their neighbors' garage doors staring back at them.
It also provides all subdivision residents with welcome views of their
conservation land as they drive, bike, jog or walk through their neighborhood
on a daily basis, increasing everyone's quality of life as well as
their property values. Arendt, Randall G., Conservation Design for
Subdivisions: A Practical Guide to Creating Open Space Networks, Washington,
D.C., Island Press, 1996.]
SITE
A parcel of land located in the Township, established by
a plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
SITE PLAN
An accurately scaled development plan that illustrates the
existing conditions on a land parcel as well as depicting details
of a proposed development.
SKEET, RIFLE OR ARCHERY RANGE
Any area (usually in a sportsmen's or outdoor club) in which
skeet shooting, rifle shooting, or archery is practiced.
SKILLED or INTERMEDIATE NURSING CARE
Professionally supervised nursing care and related medical
and other health services provided for a period exceeding 24 hours
to an individual not in need of hospitalization, but whose needs are
above the level of room and board and can only be met in a long-term-care
nursing facility or an inpatient basis because of age, illness, disease,
injury, convalescence or physical or mental infirmity.
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 over
100 feet of horizontal distance.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility that meets the following
criteria:
[Added 11-17-2021 by Ord. No. 813]
(1)
The structure on which antenna facilities are mounted:
(a)
Is 50 feet or less in height; or
(b)
Is no more than 10% taller than other adjacent structures; or
(c)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the co-location
of new antenna facilities; and
(2)
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
(3)
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
(4)
The facilities do not require antenna structure registration
under 47 CFR Part 17;
(5)
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
(6)
The facilities do not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
SOIL CEMENT
A mixture of Portland cement and locally available soil;
it serves as a soil stabilizer.
SOIL STABILIZATION
Chemical or structural treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve its
engineering properties.
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 ensuring 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
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
(1)
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
(2)
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
(3)
SOLAR ARRAYA grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR ENERGY SYSTEM, ACCESSORY (ASES)
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 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.
SOLID WASTE
Garbage, refuse and other discarded materials, including,
but not limited to, solid and liquid waste materials resulting from
municipal, industrial, commercial, agricultural and residential activities.
SOLID WASTE MANAGEMENT ACT
The Act of July 7, 1980, P.L. 380, No. 97, as amended, 35
P.S. § 6018.101 et seq., as may be amended and supplemented.
SOLID WASTE PROCESSING FACILITY
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy,
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off site, whether or not the
facility is operated to recover energy.
SPECIAL EXCEPTION
A special exception shall be the permission or approval granted
by the Zoning Hearing Board in situations where provision therefor
is made by the terms of this Zoning Ordinance of Upper Allen Township
and the Pennsylvania Municipalities Planning Code.
SPECIAL OCCASION FACILITY
A facility located on a property containing a structure of
historical and/or architectural significance which is available for
private rental for occasions such as business meetings, weddings,
receptions, banquets, private parties, fund-raising events, conferences
and similar functions, including overnight guests, although not otherwise
open to the general public.
[Added 2-7-2018 by Ord.
No. 776]
SPECIAL OCCASION HOME
An owner-occupied residence of historical and/or architectural
significance which is available for private rental for occasions such
as business meetings, weddings, receptions, banquets, private parties,
fund-raising events, conferences and similar functions, including
overnight guests, although not otherwise open to the general public.
The rental use must be as secondary and subordinate to the residential
use.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered human genitals, pubic
regions; buttocks; and female breasts below a point immediately above
the top of the areola; and
(2)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse or sodomy; and
(3)
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
STABLE, PRIVATE
An accessory building in which horses are kept for private
use of the landowner and not for hire, remuneration, exhibition or
sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration,
hire, or sale.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennae and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
STEEP SLOPE
Land with a fifteen-foot or greater change in elevation within
100 feet or less in horizontal distance or, in other terms, 15% or
greater on the average. The following formula is the acceptable method
of determining average slope:
S
|
=
|
(0.0023 I x L) - A
|
S
|
=
|
Average percent slope of site
|
I
|
=
|
Contour interval in feet
|
L
|
=
|
Sum of the length of contours in feet
|
A
|
=
|
Land area in areas of parcel being considered
|
STOOP
A covered or uncovered area at the front, side or rear door.
STORAGE SHED
A structure not intended for residential occupancy which
is necessary to the principal use of the property as a place to store
personal property.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
STREET
Street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private. Streets
are classified in accordance with the Upper Allen Township Comprehensive
Plan and are defined as follows:
(1)
INTERSTATE HIGHWAYLimited access highways designed for traffic between major regional areas or larger urban communities of 50,000 or more; these highways extend beyond state boundaries, with access limited to interchanges located by the United States Department of Transportation.
(2)
FREEWAYLimited access roads designed for large volumes of traffic between communities of 50,000 or more to major regional traffic generators (such as central business districts, suburban shopping centers and industrial areas); freeways should be tied directly to arterial roads, with accessibility limited to specific interchanges to avoid the impediment of through traffic.
(3)
PRINCIPAL ARTERIAL HIGHWAYA principal arterial provides land access while retaining a high degree of through traffic mobility and serves major centers of urban activity and traffic generation. These highways provide a high-speed, high-volume network for travel between major destinations in both rural and urban areas. Also referred to as a "regional arterial highway" as designated in the Upper Allen Township Comprehensive Plan.
(4)
MINOR ARTERIAL HIGHWAYA minor arterial gives greater emphasis to land access with a lower level of through traffic mobility than a principal arterial and serves larger schools, industries, hospitals and small commercial areas not incidentally served by principal arterials. Also referred to as a "community arterial highway" as designated in the Upper Allen Township Comprehensive Plan.
(5)
COLLECTOR HIGHWAYA collector road serves dual functions, collecting traffic between local roads and arterial streets and providing access to abutting properties. It serves minor traffic generators, such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal and minor arterials. Also referred to as a "neighborhood collector highway" and "community collector highway" as designated in the Upper Allen Township Comprehensive Plan.
(6)
LOCAL ROADSThose that are local in character and serve farms, residences, businesses, neighborhoods and abutting properties.
STREET GRADE
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts, at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at some midpoint shall be taken as the street
grade.
STREET LINE
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly known as the "street
right-of-way line."
[Added 8-21-2024 by Ord. No. 836]
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.
STRUCTURE, ACCESSORY
A structure subordinate to and from the main building on
the same lot, the use of which is customarily incidental to that of
the principal structure on the lot. An accessory structure shall exclude
any vehicle as defined by the Pennsylvania Motor Vehicle Code. Fences and walls are considered accessory structures.
[Amended 10-7-2020 by Ord. No. 797]
STRUCTURE, NONCONFORMING
A structure or part of a structure that does not comply with
the applicable provisions in this chapter or amendment theretofore
or hereafter enacted, where such structure lawfully existed prior
to the enactment of this chapter or amendment or prior to the application
of this chapter or amendment to its location by reason of annexation.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
STRUCTURE, TEMPORARY
Tent, construction shanty, or similarly portable or demountable
structure, intended for continuous use for not longer than one year.
STUDENT
An individual registered for instruction from an educational
institution, whether public or private, within a given calendar year.
STUDENT HOUSING
A living arrangement for no more than four students located
in a dwelling having a floor area of at least 1,500 square feet not
including basement, garages and accessory buildings. Students living
in student housing shall mean students, typically unrelated, living
independently from parents or guardians while attending an education
institution.
STUDIO, DANCING OR MUSIC
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee and where more than one student
may be taught in a class at one time. The term is synonymous with
"dancing school" and "music school," and other similar expressions.
SUBDIVIDER
The owner or authorized agent of the owner of the lot, tract
or parcel of land to be subdivided for sale or development under the
terms of this chapter. See "applicant" or "developer."
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 petition of the court for distribution
to heirs or devisees, transfer of ownership, or building or lot development;
provided, however, the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempt.
SUBGRADE
The natural ground lying beneath a road.
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 repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: (1) before the improvement or repair is started;
or (2) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this Zoning Ordinance of
Upper Allen Township, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not the alteration affects
the external dimensions of the structure. The term does not, however,
include either state or local health, sanitary or safety code specifications
which are solely necessary to ensure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a state inventory of historic places.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Amended 11-17-2021 by Ord. No. 813]
(1)
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the rights-of-way, it increases
the height of the facility by more than 10% or 10 feet, whichever
is greater;
(2)
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those wireless communications facilities
in the public rights-of-way, it protrudes from the edge of the structure
by more than six feet;
(3)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
(4)
It entails any excavation or deployment outside the current
site of the communications tower; or
(5)
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
SUPPLY YARDS
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
SWIMMING, BATHING OR OTHER POOL, PRIVATE
Any pool or open tank not located within a completely enclosed
building and containing, or normally capable of containing, water
to a depth of two feet. Farm ponds and/or lakes are not included,
provided that swimming and/or wading was not the primary purpose for
their construction.
TAVERN
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food. Taverns may include,
but not limited to, beer gardens, brew pubs, bars, barrooms, pubs,
cocktail lounges, saloons, and taprooms. Taverns shall not include
adult businesses or adult regulated uses of any type.
TEMPORARY ROADSIDE STANDS
A prospective use, intended for limited duration, for the
display and retail sale of agricultural products grown and produced
by the seller.
TEMPORARY USE
A prospective use, intended for limited duration, to be located
in a zoning district permitting such use and not continuing a nonconforming
use or building.
THEATER
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its associated facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid-admissions basis, to patrons seated in automobiles
or on outdoor seats.
TOWER
A self-supporting lattice tower, guyed tower, monopole, or
any other pole that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service.
[Added 11-17-2021 by Ord. No. 813]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
TOWNSHIP
The Township of Upper Allen, Cumberland County, Pennsylvania,
Board of Commissioners (Township Commissioners), its agents or authorized
representatives.
TRACT
In certain districts and uses, the tract is the minimum amount
of land required prior to subdivision into allowed lots.
TRANSFORMER SUBSTATION
An electric substation containing an assemblage of equipment
for purposes other than generation or utilization, through which electric
energy in bulk is passed for the purpose of switching and modifying
its characteristics to meet the needs of the general public.
TRANSPORTATION TERMINALS
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. The terminal may also
serve as a passenger station that is central to an area and serves
as a junction at any point with another line. A bus terminal would
be a central point for passengers, and a truck terminal would be a
central point for freight.
TRUCK TERMINAL
A facility designed primarily to handle freight, with limited
warehousing of freight for no more than 30 days, with secondary allowances
for service, repair and storage of vehicles involved in the normal
operation.
UNDERGROUND DISTRICT
A zoning district, or sub-area thereof, in which utility
installations are required to be installed underground on a nondiscriminatory
basis.
[Added 11-17-2021 by Ord. No. 813]
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
UNIT
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way or to an easement or right-of-way leading to
a public street or way, and includes a proportionate undivided interest
in the common elements which is assigned to the property, structure
or building.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
(1)
USE, ACCESSORYA use customarily incidental and subordinate to the principal use, building or structure and located on the same lot with this principal use, building or structure.
VARIANCE
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for an adjustment/relief
to some regulation or provision of the Zoning Ordinance which, if
strictly adhered to, would result in an unnecessary hardship, and
where the permission granted would not be contrary to the public interest
and would maintain the spirit and intent of the ordinance. (Also see
the Pennsylvania Municipalities Planning Code.)
VEGETATIVE COVERAGE
An area covered with a vegetative material: grass, shrubs,
vines and trees.
VEHICLE BODY SHOP
A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers and/or accessories of
motor vehicles, provided that all repair and paint work is performed
within an enclosed building and all motor vehicle parts, refuse and
similar articles are stored within a building or enclosed area. Mechanical
repairs, the sale of lubricants, etc., may or may not be included
as accessory uses.
VEHICLE REPAIR GARAGE
A building on a lot designed and/or used primarily for mechanical
repairs, storage, rental or servicing of automobiles, trucks and similar
motor vehicles.
VEHICLE WASHING
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services as set forth herein for gasoline service stations.
VEHICLE, DISMANTLED OR NONOPERABLE
A vehicle which does not display the current Pennsylvania
state inspection certificate and is manifestly incapable of being
locomotive in its existing condition. This does not include agricultural
machinery and equipment, or any other vehicles for which the state
regulations do not require an inspection sticker. A dismantled or
nonoperable vehicle may also meet the definition of junk vehicle.
VEHICLE, RECREATIONAL
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use; self-propelled motor
coach; travel trailer whether solid-sided or pop-up and whether connected
to power source by fifth-wheel or tongue; towing trailers for transportation
of boats, motorcycles, snowmobiles, personal water craft, and/or other
recreational devices; detachable living quarters made mobile by attachment
to another motor vehicle; and which is licensed under the laws of
the Commonwealth of Pennsylvania. The term shall not include a mobile
home when located in a mobile home park or when otherwise complying
with the concept of a detached dwelling house.
VENDOR
A farmer or other person designated as having the right to
participate in the market.
VETERINARIAN
A qualified professional trained in the care and treatment
of animals and, in particular, domestic animals. For the purpose of
this Zoning Ordinance of Upper Allen Township, the term "veterinarian"
includes the office, waiting room, examination room, treatment area
and overnight quarters for the usual house pets (dogs, cats, birds,
hamsters and the like). See also "animal hospital."
VIEWSHED
That portion of the landscape which can be readily viewed
by the observer from one or more vantage points. The extent of area
that can be viewed is commonly delineated by landform, vegetation
and/or distance.
WADING POOL
A portable or permanent structure designed to hold water
for wading purposes, not to exceed 12 inches in depth and may be located
above or recessed below ground level. See "swimming, bathing or other
pool, private."
WALKWAY
An area designed for pedestrians, constructed to the standards
set forth in the Upper Allen Township Subdivision and Land Development
Ordinance.
WATER FACILITY
Any waterworks, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and subsurface resources within the municipality.
WATERCOURSE
A stream of water, river, brook, creek, or channel or ditch
for water, whether natural or man-made.
WATERSHED
The entire region or area drained by a river or other body
of water, whether natural or artificial.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)
WETLANDS
Areas that are inundated or saturated by groundwater or surface
water 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, including
swamps, marshes, bogs and similar areas.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
YARD
A space open to the sky and unoccupied by any building, structure
or merchandise for display, sale or storage, located on the same lot
with a building or structure.
(1)
YARD, BUFFERA space open to the sky and unoccupied by any building, structure or merchandise for display, sale or storage, located on the same lot with a building or structure, but in addition to and outside of the required front yard, rear yard and side yards.
(2)
YARD, EXTERIORAn open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the project boundary or street line.
(3)
YARD, FRONTAn open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the required building setback line. The depth of the front yard shall be measured from the street line into the required building setback line. On a corner lot, there shall be a front yard along the street line.
(4)
YARD, INTERIORAn open, unoccupied space between the buildings of a dwelling or its accessory buildings; not a front, side or rear yard.
(5)
YARD, REARAn open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and required building setback line. The depth of the rear yard shall be measured between the rear line of the lot and the required building setback line. A building shall not extend into the required rear yard. On a corner lot, the rear yard should be the yard area opposite the street of address.
(6)
YARD, SIDEAn open, unoccupied space in the same lot with the building between the side line of the lot and required building setback line. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards. On a corner lot, there should only be one side yard.
YIELD PLAN
One of two methods of determining the maximum number of permitted dwelling units in a conservation subdivision, where the yield plan is a conceptual layout plan in accordance with the standards of the Subdivision and Land Development Ordinance, containing proposed lots, streets, rights-of-way and other pertinent features. Although the yield plan is drawn to scale, it need not be based on a field survey. The yield plan is based on a chosen density factor of a given conservation subdivision option and is applied to the gross tract acreage. The actual methodology is provided in §
245-11.7 herein. The other method is the adjusted tract area approach.
ZONING
A police power measure, enacted primarily by general purpose
units of local government, in which the community is divided into
districts or zones within which permitted and special uses are established
as well as regulations governing lot size, building bulk, placement
and other development standards. (Also see the Pennsylvania Municipalities
Planning Code.)
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 delineating the boundaries of districts which, along
with the zoning text, comprises the Zoning Ordinance.
ZONING OFFICER
The administrative officer appointed by the Board of Commissioners
of Upper Allen Township to administer this chapter and issue zoning
permits. (Also see Pennsylvania Municipalities Planning Code.)
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.