Township of Upper Allen, PA Article II Land Use Definitions

§ 245-2.1 Word usage and definitions.

A. Word usage. In this chapter, when not inconsistent with the context:

(1) Words in the present tense also imply the future tense.

(2) The singular includes the plural.

(3) The male gender includes the female gender.

(4) The word "person" includes a partnership or corporation as well as an individual.

(5) The term "shall" or "must" is always mandatory.

(6) The word "lot" includes the word "plot" or "parcel."

(7) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(8) The word "erected" shall be construed to include the words "constructed, altered or moved."

(9) The word "building" shall include any structure or part thereof.

B. 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.

ACADEMIC CLINICAL RESEARCH CENTER, MEDICAL MARIJUANA

An accredited medical school within this Commonwealth that operates or partners with an acute care hospital licensed within this Commonwealth.

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]

ACCESSORY STRUCTURE

See definition of "structure, accessory."

ACT

The latest version of the Pennsylvania Municipalities Planning Code (MPC), as amended.[1]

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 BOOKSTORE Establishment 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 THEATER An 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) CABARET An 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.

(4) ADULT MASSAGE PARLOR or ADULT MASSAGE STUDIO A commercial establishment whose business emphasis is the administration of sexually oriented massage to patrons by employees.

(5) The following definitions relate to the further understanding of the adult regulated facility:

(a) NUDITY The 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) PORNOGRAPHY The 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 ABUSE Flagellation 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 CONDUCT Acts 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 EXCITEMENT The condition of human male or female genitals when in a state of sexual stimulation or arousal.

ADVERTISING SIGN

See definition for "sign."

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.

AMERICANS WITH DISABILITIES ACT (ADA)

Americans with Disabilities Act of 1990, Public Law 101-336.

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, CONVERSION A 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 HOUSE A 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 AREA The 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 AREA The 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).

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.

BILLBOARD

See "sign."

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.

BOARD OF COMMISSIONERS

The Board of Commissioners of the Township of Upper Allen.

ZONING HEARING BOARD

The Upper Allen Township Zoning Hearing Board.

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, DETACHED

A building surrounded by open space on the same lot.

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.

CAREGIVER, MEDICAL MARIJUANA

The individual designated by a patient to deliver medical marijuana.

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.

COLLEGES or UNIVERSITIES

See "school, college."

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.

COMMISSIONERS

Upper Allen Township Board of Commissioners.

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.

COMMUNICATION FACILITIES (PUBLICLY REGULATED)

Including telephone or telegraph exchanges, communications antenna, which are regulated by the Pennsylvania Utilities Commission (PUC).

COMMUNICATIONS FACILITIES, WIRELESS

See "wireless communications facility (WCF)."

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,[2] 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.

CONVENTIONAL DEVELOPMENT

Development other than planned development or conservation subdivisions.

CONVERSION APARTMENT

See "apartment, conversion."

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 CENTER A 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 HOME A 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 HOME A 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 CENTERS A 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.

DESIGN STANDARDS

Standards that set forth specific improvement requirements.

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.

DOUBLE FRONTAGE LOT

A lot fronting on two streets other than a corner lot.

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 FACILITIES FOR PERMITTED USES

Accessory to the permitted use to provide additional services for public use.

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 SPACE A 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 SPACE A 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, SINGLE-FAMILY, ATTACHED (TOWNHOUSE/ROW HOUSE)

A dwelling designed, occupied or used by one family, having two party walls in common with other buildings and no side yards, commonly called "row houses" or "townhouses," except that end units have one party wall.

DWELLING, SINGLE-FAMILY, DETACHED

A building used by one family, having only one dwelling unit, and having two side yards.

DWELLING, SINGLE-FAMILY, SEMIDETACHED

A building used by one family, having one side yard and one party wall in common with another building.

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, REGISTERED

See "professional engineer."

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.

EXTRACTIVE OPERATIONS

Includes any open excavations such as quarries, strip mines, and borrow pits.

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.

FLAG LOT

See "lot, flag."

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 ELEVATION, FIVE-HUNDRED-YEAR

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

FLOOD ELEVATION, ONE-HUNDRED-YEAR

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

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, PRIVATE An 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, PUBLIC Any 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)."[3] This definition was subsequently adjusted by Section 512 of the Americans with Disabilities Act[4] 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.[5])

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 DEVELOPMENT REGULATIONS

Zoning regulations that limit the maximum height of buildings within particular zones.

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.

HIGHWAY

See "street."

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.

IDENTIFICATION CARD, MEDICAL MARIJUANA

A document issued by the DOH that permits access to medical marijuana.

IMPERVIOUS COVERAGE

That area of the lot covered by impervious surface.

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.[6]

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.

(2) A subdivision of land.

(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.

LAUNDRY AND DRY-CLEANING ESTABLISHMENTS

A business premises equipped with large-scale clothes-washing and dry-cleaning equipment.

LAUNDRY AND DRY-CLEANING ESTABLISHMENTS (PERSONAL)

A business premises equipped with individual clothes-washing equipment for the use of retail customers or the dropoff and pickup of clothing for dry cleaning by retail customers.

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) DIFFUSED That form of lighting wherein the light passes from the source through a translucent cover or shade.

(2) DIRECT or FLOOD That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.

(3) INDIRECT The 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, AREA The 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, CORNER A 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, FLAG A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

(4) LOT, INTERIOR A lot other than a corner lot.

(5) LOT, MINIMUM WIDTH The 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, NONCONFORMING A 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 FRONTAGE A 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, THROUGH A 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."

Example of Lot Types

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 LINE The 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 LINE Any 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."

(3) SIDE LOT LINE Any lot line which is not a street line or a rear lot line.

(4) 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."

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

See "dwelling, manufactured housing."

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.

MANURE STORAGE FACILITIES

See "animal waste (manure) storage facilities."

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.[7]

MEDICAL MARIJUANA ORGANIZATION

A dispensary or a grower/producer of marijuana for medical purposes.

MEDICAL MARIJUANA TRANSPORT VEHICLE OFFICE

Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana growers/processors and/or dispensaries.

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 SALES LOT

An open lot for the outdoor display of new or used mobile homes.

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.

MORTUARY or UNDERTAKING FACILITY

A place in which human remains are prepared and stored prior to burial.

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.

MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT

The Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., as the same 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.

MUNICIPALITY

The Township of Upper Allen.

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.

NEWSPAPER AND PRINTING ESTABLISHMENTS

Any establishment that is engaged in the printing of newspaper or similar material on a regular basis.

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 SIGN

A sign which does not conform to the regulations of the district in which it is located.

NONCONFORMING STRUCTURE

See "structure, nonconforming."

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.

OFF-STREET PARKING SPACE

A parking space provided in a parking lot, parking structure or private driveway.

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.

OFFICES, CORPORATE

Executive and administrative offices of business firms.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code.[8]

ON SITE

Located on the lot in question.

ON-STREET PARKING SPACE

A parking space that is located on a dedicated or private street right-of-way.

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.

OUTDOOR RECREATION AREAS, PRIVATE AND SEMIPUBLIC

The use of open land for leisure-time activities, such as a beach, swimming pool, tennis courts, golf courses or similar establishments that are not publicly owned.

OUTDOOR STORAGE or DISPLAY

Storage of materials necessary and incidental to the normal operation of a primary use.

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.

PARKING SPACE

The area required for parking one motor vehicle.

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, FINAL A complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.

(2) PLAN, PRELIMINARY A 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, SKETCH An 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 AGENCY

The Planning Commission of Upper Allen Township.

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]

PLAT

See "plan."

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]

POTABLE WATER SUPPLY

Water suitable for drinking or cooking purposes.

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 RESIDENCE

The premises where a person has legal residency.

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 CLUB

Operated for members only and not for profit.

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.

PROFILE LINE (STREET CENTER LINE)

The profile of the center line of the finished surface of the street, which shall be midway between the side lines of the street.

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 AND OTHER TRANSMISSION AND DISTRIBUTION FACILITIES

Public, semipublic and private utility transmission and distribution facilities, including substations, pump stations, booster facilities, etc.

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.[9]

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,[10] 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.

REFUSE

See "solid waste."

REGISTRY, MEDICAL MARIJUANA

The registry established by the DOH for all medical marijuana organizations and practitioners.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

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,[11] 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-WAY The right-of-way established by the state or other appropriate governing authority and currently in existence.

(2) FUTURE RIGHT-OF-WAY (ULTIMATE) The right-of-way deemed necessary by the Upper Allen Township Comprehensive Plan.

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,[12] the Clean Streams Law,[13] 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) COLLEGE The 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, COMMERCIAL A school conducted for profit for such instruction as business, art, music, trades, handicraft, dancing or riding.

(3) SCHOOL, ELEMENTARY Any school having regular sessions with employed instruction which teaches those subjects that are fundamental and essential in general education for elementary grades.

(4) SCHOOL, NONPUBLIC An educational facility not operated by a public agency.

(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, PUBLIC A public place of instruction other than a commercial school operated by a public agency.

(7) SCHOOL, SECONDARY The same as elementary school, except general education is provided for secondary grades.

(8) SCHOOL, TRADE/PROFESSIONAL See "school, commercial."

(9) SCHOOL, VOCATIONAL The 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.

SEWAGE DISPOSAL SYSTEM (ON SITE)

Any system designed to eliminate sanitary sewage within the boundaries of the lot.

SEWAGE DISPOSAL SYSTEM (PUBLIC OR COMMUNITY)

A sanitary sewage collection method in which sewage is carried from the site by a system of pipes to the central treatment and disposal plant.

SEWAGE ENFORCEMENT OFFICER (SEO)

The Sewage Enforcement Officer of the Township.

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.

SHOTGUN, RIFLE, PISTOL, or ARCHERY RANGE

An indoor or outdoor facility specifically designed for the purpose of target practice, sport shooting, and/or military/law enforcement training.

SIDEWALK

See "walkway."

SIGHT DISTANCE

The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.

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.

SIGN

Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This excludes national or state flags, window displays, graffiti, athletic scoreboards, or the official announcements or signs of government. Additional sign definitions are as follows:

(1) ABANDONED A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days in the case of off-premise signs, or at least 360 days in the case of on-premise signs.

(2) ADVERTISING SIGN, OFF-PREMISES (BILLBOARD) A sign which directs attention to a business, product, service, activity or entertainment sold or offered not upon the premises where such sign is located.

(a) ELECTRONIC DISPLAY BILLBOARDS (DIGITAL BILLBOARDS) An off-premises sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade. Electronic graphic display signs shall include computer-programmable, microprocessor-controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.

(b) VIDEO BILLBOARD A billboard that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text, and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which mimic the illusion of motion, including, but not limited to, moving objects, moving patterns or bands of light, or expanding and contracting shapes and/or fade, dissolve, travel or scrolling features. "Video billboards" include projected images or messages with these characteristics onto buildings or other objects.

(3) BANNERS Temporary signs composed of cloth, plastic, wood or other similar material and supported along one or more sides or at two or more corners by staples, tape, wires, ropes, strings, or other materials that are not fixed or rigid, and used to announce events on the premises.

(4) BUSINESS IDENTIFICATION SIGN A sign which directs attention to a business, product, service, activity or entertainment sold or offered upon the premises where such sign is located.

(5) CANOPY SIGN Any sign that is part of or attached to a structure made of fabric, plastic, metal or similar material that is supported by posts, columns, or other means necessary and attached to a structure or building, such as, but not limited to, gas station canopies, porte cocheres, or similar structures.

(6) FLAG SIGN Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.

(7) GROUND SIGN A sign which directs attention to a business, profession, industry or activity conducted upon the property in which the sign is located.

(8) GROUND POLE SIGN A freestanding sign supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or base structure.

(9) MESSAGE BOARD SIGN An on-premises sign (mostly used for product advertising and public service messages) in which one or more illuminated or nonilluminated letters, pictures or characters can be electronically or manually changed, provided that the message shall not change more than once every 10 seconds, shall not have a transition from one message to another exceeding two seconds, and shall not have flashing, blinking or strobe lights, except that displays of time and temperature may change more frequently. Electronic (digital) "message board signs" shall be turned off between the hours of 11:00 p.m. and 5:00 a.m.

(10) MONUMENT SIGN A freestanding sign composed of stone, brick or masonry, with the entire base of the sign structure in contact with the ground or supported by a base constructed of permanent material such as stone or block, and landscaped to enhance the overall attractiveness of the area.

(11) PROJECTING SIGN A sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building.

(12) REAL ESTATE SIGN, TEMPORARY A temporary sign erected to advertise the availability for sale, rental or lease of the property or a portion of the property where the sign is located.

(13) ROOF SIGN A sign erected and maintained on or above the roof of a building.

(14) TEMPORARY SIGN Any sign, banner, cardboard or other material carrying an advertisement or announcement which is displayed or intended to be displayed for a limited period of time as specified in this Zoning Ordinance.

(15) WALL SIGN A sign fastened to, displayed on, or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign.

(16) WINDOW SIGN Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.

(17) YARD SIGN A temporary freestanding sign supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or base structure.

SIGN AREA

The sign area shall be the area of the smallest triangle, rectangle or circle which can wholly enclose the surface area of the sign, including all letters and symbols. All visible faces of a multifaced sign shall be counted separately and then totaled in calculating sign area. Three-dimensional signs shall be treated as dual-faced signs, such that the total area shall be twice the area of the smallest triangle, rectangle or circle which can totally circumscribe the sign in the plane of its largest dimension. This area does not include the main support of the sign, but all other ornamental attachments, inner-connecting links, etc., which are not part of the main supports of the sign, are to be included in determining sign area.

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.

SKETCH PLAN

See "plan, sketch."

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 CELL The smallest basic solar electric device which generates electricity when exposed to light.

(2) SOLAR MODULE A grouping of solar cells with the purpose of harvesting solar energy.

(3) SOLAR ARRAY A 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.[14]

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 HIGHWAY Limited 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) FREEWAY Limited 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 HIGHWAY A 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 HIGHWAY A 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 HIGHWAY A 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 ROADS Those 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 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 ALTERATION

See "alterations, structural."

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.[15] 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.

TOWNSHIP

The Township of Upper Allen.

TRACT

In certain districts and uses, the tract is the minimum amount of land required prior to subdivision into allowed lots.

TRAILER

See "mobile home."

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, ACCESSORY A 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.

(2) USE, PRINCIPAL The main or primary use of property, buildings or structures.

VALUE-ADDED FARM PRODUCT

See "farm product, value-added."

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.[16])

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, MOBILE/MANUFACTURED HOME AND/OR TRAILER SALES LOT

An open lot used for the outdoor display or sales of new or used automobiles or mobile homes and where minor and incidental repair work (other than body and fender) may be done.

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."

VETERINARY

See "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.[17]

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.

WHOLESALING, STORAGE AND WAREHOUSING

A lot, building or group of buildings primarily used for the storage, transfer and distribution of products and materials.

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 COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

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

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, BUFFER 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, but in addition to and outside of the required front yard, rear yard and side yards.

(2) YARD, EXTERIOR An open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the project boundary or street line.

(3) YARD, FRONT An 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, INTERIOR An open, unoccupied space between the buildings of a dwelling or its accessory buildings; not a front, side or rear yard.

(5) YARD, REAR An 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, SIDE An 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.[18])

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 HEARING BOARD

The Zoning Hearing Board of Upper Allen Township.

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.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

[3] Editor's Note: See 42 U.S.C. § 3602(h).

[4] Editor's Note: See 42 U.S.C. § 12101 et seq.

[5] Editor's Note: See 35 P.S. § 6018.101 et seq.

[6] Editor's Note: The former definition of "improvements, public," which immediately followed this definition, was repealed 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824

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

[8] Editor's Note: 53 P.S. § 10101 et seq.

[9] Editor's Note: See Ch. 220.

[10] Editor's Note: See 53 P.S. § 10101 et seq.

[11] Editor's Note: See 53 P.S. § 10101 et seq.

[12] Editor's Note: See 35 P.S. § 6018.101 et seq.

[13] Editor's Note: See 35 P.S. § 691.1 et seq.

[14] Editor's Note: See 53 P.S. § 10101 et seq.

[15] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

[16] Editor's Note: See 53 P.S. § 10101 et seq.

[17] Editor's Note: See Ch. 220.

[18] Editor's Note: See 53 P.S. § 10101 et seq.

C. Definitions may also be provided elsewhere in this chapter where applicable for specific provisions.

[Added 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]