All words used in this chapter shall carry their customary dictionary
definitions as provided in the most recent edition of Webster's Collegiate
Dictionary, except where specifically defined herein. Words used in
the present tense shall include the future. The singular number shall
include the plural, and the plural the singular. The word "shall"
is always mandatory and not permissive; the word "may" is permissive.
The words "used" or "occupied," as applied to any land or structures,
shall be construed to include the words "intended, arranged or designed
to be used or occupied." The word "person" shall include any individual,
corporation, partnership, incorporated association or any other legal
entity. Words in the masculine gender shall include the feminine gender.
The words "includes" and "including" shall not limit the defined term
to the specific examples, but are intended to extend the term's meaning
to other instances of like kinds and character.
The following words and phrases shall have the particular meaning
specified in the purpose of interpreting this chapter:
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and that may occupy a separate structure
and/or area on or in the ground, including, but not limited to storage
sheds, garages, swimming pools, decks, fences, patios and similar
structures.
Any place where the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images displayed are sexually
explicit or depict nudity or sexual conduct, as defined herein.
An establishment having a substantial or significant portion
of its stock-in-trade, including, but not limited to, video cassettes,
movies, books, magazines and other periodicals that are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to nudity or sexual conduct, as defined herein, or an
establishment with a segment or section devoted to the sale or display
of such material.
An adult arcade, adult bookstore, adult motel, adult mini
motion-picture theater, adult motion-picture theater, adult newsrack,
adult nightclub, body painting studio, bathhouse, escort service,
massage parlor, or any other business establishment offering adult
entertainment, as defined herein.
Movies, videos, still or motion pictures, photographs, slides,
films or other visual representations, books, magazines or other printed
material or live dramatic, musical or dance performances that are
sexually explicit or depict nudity or sexual conduct, as defined herein.
An enclosed building with a capacity for accommodating fewer
than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined herein,
for observation by patrons therein.
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined herein,
for observation by patrons therein.
An enclosed building with a capacity for accommodating 50
or more persons used for presenting materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined herein,
for observation by patrons therein.
Any coin-operated machine or device that dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
Any nightclub, as defined herein, that offers adult entertainment,
as defined herein.
Any business related to the production operations on a farm,
including, but not limited to, the sale and distribution of farm equipment,
supplies and commodities, craftsman, as defined herein, blacksmithing,
sawmill, tractor or other farm equipment and similar services when
accessory to an active farm that is the principal use of the property,
but not including low-impact on-site sales accessory to a farm or
tourism, as defined herein.
The science and art of farming, the work of cultivating the
soil, producing crops and livestock.
An establishment for the medical or surgical treatment of
animals, including the boarding of hospitalized animals. An animal
hospital shall not board or treat exotic animals and shall be subject
to all state and federal regulations.
Any building or other structure that is used to enclose and
provide protection for livestock or domestic pets.
A dwelling unit located in the same building with an office
and/or retail business.
See "street, arterial."
See "service station, automobile."
A business that sells alcoholic beverages for consumption
on the premises as the principal use and that may offer food for consumption
on the premises as an accessory use.
That portion of a building having at least 1/2 of its height
above the average grade of the adjoining ground.
A dwelling that is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal served and included
with the overnight accommodations is breakfast.
Any off-premises sign with a changeable advertising face
that advertises an establishment, person, activity, product or service
that is unrelated to or not available on the premises on which the
sign is located.
The Board of Supervisors of the Township of Cross Creek,
Washington County, Pennsylvania.
The keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other form of compensation, that may include
training of horses, riding lessons and riding facilities.
A landscaped area of a certain depth specified by this chapter
that shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material and shall consist
of a mix of types and sizes of plant material that, within three years
of planting, meets the standard of providing a compact year-round
visual screen at least six feet in height or an existing natural barrier,
such as vegetation and/or topography that duplicates the effect of
the required buffer area.
Any structure having enclosing walls and roofs and having
a permanent location on the land. (See also "completely enclosed building.")
The total of areas taken on a horizontal plane at the finished
grade level of the principal building and all accessory buildings,
excluding one-story uncovered porches, bay windows, balconies, terraces
and steps.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the decklines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
A line parallel to or concentric with the front lot line,
the minimum measurement of which is the front yard depth required
by this chapter.
The minimum distance between two buildings on the same lot,
measured from the outermost wall or projection, excluding bay windows,
chimneys, flues, columns, ornamental features, cornices and gutters
that project beyond the wall of the building no more than two feet.
Any office of recognized professions such as doctors, lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions.
Establishments engaged in providing services to business
offices on a fee or contract basis, including, but not limited to,
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services, but not including
the rental, sale or repair of vehicles or heavy equipment.
A facility, whether automatic, semiautomatic or manual, for
washing and polishing of vehicles.
That portion of the street right-of-way that is surfaced
for vehicular use, excluding shoulders and curbs.
That portion of a building having 1/2 or more of its height
below the average grade of the adjoining ground.
Property used for interring of dead persons or domestic pets,
including mausoleums, columbariums, crematoriums and family plots
on private property.
Any structure or structures used for worship or religious
instruction, including social and administrative rooms and day nurseries
accessory thereto, but not including any activity conducted for profit,
including, chapels, cathedrals, temples, synagogues and the like.
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling under the care of
a group of licensed medical doctors and dentists and their supporting
staff, where said patients are not provided with board or room or
kept overnight on the premises.
See "private club."
See "street, collector."
See "recreation, commercial."
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas and satellite or microwave dish antennas that may
be mounted on an existing building, an existing public utility storage
or transmission structure or an existing communications tower, excluding
transmission and receiving devices licensed by the Federal Communications
Commission (FCC) exclusively for private use by citizens.
An unmanned structure that contains the equipment necessary
to maintain and operate communications antennas.
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multi-point
or side-arm mounts and pipe mounts for microwave dish antennas.
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roof line, containing
no openings except for windows and doors that are designed so that
they may be closed and any other small openings required for the ventilation
system.
An agricultural operation where farm animals are kept at
a much higher ratio of animals per acre than animals that are pastured
and where animals are fed a regimented diet until ready for slaughter.
A use authorized by this chapter that may be granted only
by the Board of Supervisors following review by the Planning Commission
and a public hearing subject to express standards and criteria contained
in this chapter.
A structure designed, used or constructed to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and which may include the storage
of materials, equipment and vehicles, provided all materials, equipment
and vehicles are stored within a completely enclosed building.
An establishment that may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis, but that involves the storage, either indoors or outdoors,
of materials, equipment and vehicles used in the business.
A retail store selling food products and household supplies
for the convenience of the neighboring population.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
See "lot coverage."
An artisan who practices a trade or handicraft that may involve
the fabricating of finished products from raw materials on a small
scale, not involving any automated production or a total floor area
devoted to production of more than 5,000 square feet and not employing
more than five persons.
An establishment containing a furnace designed to cremate
or reduce to ashes human or animal remains of the deceased.
A facility, licensed by the commonwealth, located within
a building that is not used as a dwelling unit, for the care, on a
regular basis, during part of a twenty-four-hour day of children under
the age of 16 or handicapped or elderly persons.
See "family day-care home."
The number of dwelling units per acre of land area.
The total number of dwelling units per acre of land devoted
to residential use, including streets, parking areas and private open
space, yards or courts abutting and serving the dwellings, but exclusive
of those areas devoted to common open space and areas of the site
that have slopes of 25% or greater.
See "zoning district."
Animals or birds customarily found in a dwelling and kept
for company or pleasure, including but not limited to dogs and cats,
provided there is not a sufficient number to constitute a kennel,
as defined herein; hamsters, gerbils, parakeets, canaries, and similar
small animals or birds.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any digging or boring of a new well to explore, develop,
or produce oil, gas or other hydrocarbons, or to inject gas, water
or any other fluid or substances into the earth.
[Added 8-9-2011 by Ord.
No. 1-11[1]]
The derrick, all parts and appurtenances to such structure,
and every piece of apparatus, machinery, or equipment used, erected,
or maintained for use in connection with drilling.
[Added 8-9-2011 by Ord.
No. 1-11]
Any principal use or accessory use that involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services, including, but not limited
to "drive-in" or "drive-through" windows at fast-food restaurants,
banks or other businesses, exterior automated teller machines (ATMs),
quick oil change facilities, car washes and similar automotive services
and other such facilities.
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
A building designed exclusively as living quarters for one
or more families, including single-family, two-family and multifamily
dwellings, but not including hotels, motels or boardinghouses.
The following dwelling types are included in this chapter:
SINGLE-FAMILY DWELLINGA detached residential building that is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
TWO-FAMILY DWELLINGA residential building that is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside, including double houses and duplexes.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units, including garden apartments and townhouses.
GARDEN APARTMENTA multifamily residential building no more than three stories in height containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
GROUP CARE FACILITYA facility licensed by the commonwealth that provides room and board and specialized services for any number or permanent residents who are not included in the protected classes covered by the Fair Housing Act (42 U.S.C. § 3601 et seq.) who are in need of supervision and specialized services on a twenty-four-hour basis, including staff qualified by the sponsoring agency who may or may not reside at the facility and who provide health, social and rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation and the facility shall meet all minimum requirements of the sponsoring agency.
PERSONAL CARE BOARDING HOMEA dwelling licensed by the commonwealth where room and board is provided to more than three permanent residents, who are not relatives of the operator, and who are mobile or semimobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.
TOWNHOUSEA multifamily residential building no more than 2 1/2 stories in height that contains at least three, but no more than eight, dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
TRANSITIONAL DWELLINGA dwelling unit occupied on a permanent basis by persons of any age or condition who have been adjudicated by the criminal court system or on a short-term basis by persons assigned by a court of law, or public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
Two or more rooms designed for or occupied by one family
only and containing sleeping facilities, cooking and food storage
facilities, and, in a separate room, toilet and tub or shower, with
hot and cold water supply, all for the exclusive use of the family
occupying the dwelling unit.
A grant of the specified use of a parcel of land to the public,
a corporation or person in which no permanent structures shall be
permitted without the permission of all parties having rights to the
easement.
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, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The removal of surface materials by the action of natural
elements.
The provision by continuous conduit of distribution and collection
systems by public utilities, regulated by the Public Utilities Commission
(PUC) or any agency, franchisee or authority of Cross Creek Township
of underground or overhead gas, electrical, telephone, steam, or water
lines, sewers, fire alarm boxes, traffic signals, hydrants, cable
TV (not including towers) and accessories in connection therewith,
reasonably necessary to furnish adequate services within Cross Creek
Township to the general public.
One or more persons who live together in one dwelling unit
and maintain a common household, which may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption and may also include domestic servants and gratuitous
guests.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling,
for the care on a regular basis during part of a twenty-four-hour
day of not more than six children under 16 years of age, including
care provided to children who are relatives of the provider, where
such use shall be secondary to the use of the dwelling for living
purposes.
Any property used for interring dead persons or domestic
pets, the use of which is restricted to the members of a family and
which property is owned and operated by the members of that family.
A site of 10 acres or more used for the pursuit of agriculture,
as defined herein.
See "concentrated feed lot."
A structure designed for the purpose of enclosing space or separating parcels of land. The term "fence or wall" shall not include retaining walls that are designed and approved in accordance with the Chapter 170, Grading and Excavation, of the Code of the Township of Cross Creek.
Reasonable assurance from a creditworthy party, examples
of which include a surety bond, trust instrument, cash escrow or irrevocable
letter of credit.
A bank, savings-and-loan association or similar institution
that lends money or is engaged in a finance related business.
Areas adjoining any rivers, streams, ponds or lakes subject
to the 100-year-recurrence-interval flood as delineated by the U.S.
Army Corps of Engineers or subject to erosion caused by a 100-year-recurrence-interval
flood, as well as any areas identified in the future by anyone else
expert and experienced in the preparation of hydrological studies
and the determination of flood lines subject to the review and approval
of a professional engineer selected by the Township.
A retail establishment that has a gross floor area of no
more than 10,000 square feet and that offers for sale specialty or
gourmet food items or meats and groceries that are packaged and that
may or may not be available for consumption on the premises.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, that does not involve any land development.
See "building line, front."
See "lot line, front."
An accessory structure or a portion of the principal building,
enclosed on not less than three sides, not being accessible to the
general public and designed or used for shelter or storage of private
vehicles and personal property of the occupants of the principal building.
A building, other than a private garage, containing two or
more parking spaces accessible to the general public used for the
storage or parking of motor vehicles, or where such vehicles are kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles, or "junk,"
as defined by this chapter.
See "repair garage."
See Subsection D under "dwelling types."
A retail establishment that sells flowers, plants, trees
and other natural flora and products that aid their growth and care
and that may include a greenhouse or the growing of plant material
outside on the lot.
See "oil and gas drilling."
A recreational facility that has a course, with a minimum
of nine regulation size holes, for playing golf as its principal use
and that may have a clubhouse, locker rooms, restaurant, swimming
pool, pro shop, facilities for racquet sports, maintenance facilities
and similar facilities as accessory uses.
The indoor raising of plants, shrubs and trees for sale and
transplantation.
A retail establishment in excess of 10,000 square feet of
gross floor area that primarily sells meat and food products, but
that may also include as accessory uses a pharmacy, a dry cleaner,
a florist, a travel agency, video rental (excluding an adult video
store), banking and copy/fax services.
The sum of the gross horizontal areas of the several floors
of a building measured between exterior faces of walls.
See Subsection E under "dwelling types."
See "building height."
The vertical distance measured from the average elevation
of the finished grade around the structure to the highest point on
the structure.
See "no-impact home-based business."
An accessory use of a service character, other than a no-impact
home-based business, conducted entirely within a dwelling by the residents
thereof, which use is clearly secondary to the use of the dwelling
for living purposes and does not, in any way, change the character
of the dwelling.
An establishment licensed by the commonwealth for the care
of human patients suffering from physical or mental illnesses, and
that may or may not include facilities for major surgery and that
may be publicly or privately operated.
See "animal hospital."
See "motel/hotel."
Surfaces with a coefficient of runoff greater than 0.85,
including all buildings, parking areas, driveways, streets, sidewalks
and areas paved in concrete and asphalt and any other areas determined
by the Township Engineer to be impervious within the meaning of this
definition.
A theater, arena, bowling alley, pool hall, skating rink
or similar cultural or recreational facility located within a completely
enclosed building, excluding those facilities that are accessory to
a church or school.
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in scrap metals, building materials, scrapped or used appliances or
other household goods, fixtures, vehicles and vehicle parts, machinery
and machinery parts or other forms of discarded materials.
A structure and/or premises where four or more dogs or cats,
that are six months or older, are kept, bred, trained or boarded at
any one time, whether for profit or not.
Natural or artificial bodies of water that retain water year-round.
Artificial ponds may be created by dams or result from excavation.
The shoreline of such bodies of water shall be measured from the maximum
condition rather than permanent pool if there is any difference. "Lakes"
are bodies of water two or more acres in surface area; "ponds" are
bodies of water less than two acres in surface area.
A plan prepared in accordance with the application requirements of Chapter 270, Subdivision and Land Development, for approval of a land development, as defined herein.
Any site licensed by the Pennsylvania Department of Environmental
Protection (PA DEP) for the disposal of solid waste, other than hazardous
waste, as defined and regulated by federal statute.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A plan prepared by a person knowledgeable in the characteristics
of plant materials and the proper techniques for installing and maintaining
them, including a registered architect or landscape architect or a
member of the Pennsylvania Landscape and Nursery Association (PLNA),
identifying each tree and shrub by size, type and scientific name;
the location of each, including a planting diagram; and such other
diagrams or reports as are necessary to show the method of planting,
staking and mulching, grass seeding specifications and mixtures and
existing trees to be preserved, if any.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-made activity.
The processing and fabrication of certain materials and products
where no process involved will produce vibration, water pollution,
fire hazard or noxious emissions that will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the
production of the following goods: home appliances, electrical instruments,
office machines, precision instruments, electronic devices, timepieces,
jewelry, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, machine tools,
dies and gauges, ceramics, apparel, lightweight nonferrous metal castings,
film processing, light sheet metal products, plastic goods, pharmaceutical
goods, food products, not including animal slaughtering, curing or
rendering of fats, and similar activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any member of the bovine or equine species, including, but
not limited to, cows, steers, horses, ponies, llamas, alpacas, sheep,
goats, pigs, chickens and other fowl customarily found on a farm.
See "street, local."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
The total area within the lot lines, excluding the area within
any street right-of-way.
That percentage of the lot area covered by the principal
building or buildings and all accessory buildings and structures,
including, but not limited to, decks, swimming pools, storage sheds,
garages and similar structures.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or other public space.
That lot line that is contiguous with the street right-of-way
line or in the case where the lot line is contiguous with the street
center line, the front lot line shall be considered to be coterminous
with the street right-of-way line. In the case of a lot that has no
frontage on a street, the front lot line shall be the lot line through
which vehicular access is provided, regardless of which way the dwelling
faces.
That lot line that is generally opposite the front lot line.
Any lot line that is not a front lot line or rear lot line.
Any lot that, individually, or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Washington
County.
The straight line distance between the point of intersection
of the front building line with the side lot lines.
See "corner lot."
The average distance from the street right-of-way line to
its opposite rear lot line, generally measured parallel to the side
lot lines.
The sale of products raised, grown or produced on a farm,
provided the sales are conducted on the farm property where the products
are raised, grown or produced and any products sold that are not,
raised, grown or produced on the farm shall be less than 50% of the
total sales.
A work shop where a machinist fabricates, assembles or repairs
parts and/or equipment.
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, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
See "light manufacturing."
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
that the parties themselves create and consider acceptable.
Any extraction of any mineral for sale or other commercial
purpose that involves removal of the surface of the earth or exposure
of the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. The term "mineral" includes, but is not limited
to, anthracite and bituminous coal, lignite, including mining activities
carried out beneath the surface of the earth by means of shafts, tunnels
or other underground mine openings, limestone and dolomite, sand,
gravel, rock, stone, earth, slag, ore, vermiculite, clay and other
mineral sources. The term "mineral extraction" shall not include the
extraction of oil or gas by drilling a well.
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
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 assembling
operations, and constructed so that it may be used without a permanent
foundation.
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.
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
An establishment that offers transient overnight lodging
accommodations to the general public and that also may provide additional
supporting services such as restaurants, meeting rooms, recreation
facilities and living quarters for a resident manager or proprietor.
See Subsection E under "dwelling types."
Buildings, structures and land uses owned and occupied by
Cross Creek Township or any of its agencies and used to provide services
to the residents of the Township. Municipal facilities may include,
but not be limited to, Township administrative offices, public works
buildings, storage yards, libraries, fire company buildings, senior
centers and recreation facilities and buildings.
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added 8-9-2011 by Ord.
No. 1-11]
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets also including facilities or equipment that are/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
[Added 8-9-2011 by Ord.
No. 1-11]
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use as a residential
dwelling and that 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.
See "recreation, noncommercial."
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter, that fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure that does not comply with
the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or an amendment thereto, 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.
A use, whether of land or of a structure, that does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or an amendment thereto or prior
to the application of this chapter or amendment to its location by
reason of annexation.
The appearance of a human bare buttock, anus, male or female
genitals or female breast.
An institution licensed by the commonwealth for the care
of human patients requiring skilled nursing or intermediate nursing
care, but not including facilities for major surgery or care and treatment
of drug or alcohol addiction.
See "business or professional offices."
The removal of oil and natural gas resources for sale or
other commercial purposes, including the structure and equipment necessary
to accomplish the removal.
The oil and gas drill site shall consist of the area occupied
by the facilities, structures, and equipment necessary for or incidental
to the drilling, production or operation of an oil or gas well.
[Added 8-9-2011 by Ord.
No. 1-11]
An oil and gas processing or transfer site shall consist
of an area occupied by facilities, structures or equipment necessary
for the processing or transfer of gas products. The definition also
includes natural gas compressor stations and natural gas processing
plants.
[Added 8-9-2011 by Ord.
No. 1-11]
See "low-impact on-site sales accessory to a farm."
An area of land or water on a development site in which no
structures are permitted and that is set aside for the use and enjoyment
of the general public or the owners and tenants of property that adjoins
the open space.
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing or transporting oil or gas.
[Added 8-9-2011 by Ord.
No. 1-11]
See "landowner."
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
See Subsection F under "dwelling types."
Any enterprise providing services to a person, their apparel
or personal effects commonly carried on or about their person, including,
but not limited to, shoe repair, tailoring, clothes cleaning, water
repair, beauty shops, barbershops and the like.
The Planning Commission of Cross Creek Township, Washington
County, Pennsylvania.
An establishment that offers private educational services
to children who are under the minimum age for education in public
schools.
The building or structure in which the principal use is conducted,
not including any accessory building or structure related thereto.
The primary or predominant use to which the property is or
may be devoted, and to which all other uses on the premises are accessory.
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit, and restricted
to members and their guests.
Any establishment, other than a sportsmen's club, operated
by a legally chartered organization for social recreational, educational,
fraternal or sororal purposes, that is open only to members and their
guests and not to the general public.
See "garage, private."
The keeping of horses and/or ponies for the personal use
and enjoyment of the residents of the lot, not involving any profit-making
activity.
A street, including the entire private right-of-way, that
is privately owned and maintained and that is intended for private,
rather than public use.
A qualified individual who is licensed as a professional
engineer in a state or commonwealth in the United States.
See "business or professional offices."
Any occupied residence, commercial business, school, religious
institution or other public building that may be impacted by noise
generated from drilling or hydraulic fracturing activity, compressor
stations or natural gas processing plants.
[Added 8-9-2011 by Ord.
No. 1-11]
Owned, operated or controlled by a government agency, federal,
state, county or local.
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93, known as the “Sunshine Act," 65
Pa.C.S.A. § 701 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice 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.
See "garage, public parking."
Any administrative building, maintenance building, garage
or other structure intended for human occupancy or storage of movable
equipment or any part of the essential public utility installations,
as defined herein, provided by public utilities, regulated by the
Public Utilities Commission (PUC) or any agency, franchisee or authority
of Cross Creek Township that is reasonably necessary to furnish adequate
services to the general public both within Cross Creek Township and
outside the Township, including, but not limited to, long distance
transmission facilities such as electrical power lines or high pressure
natural gas or petroleum lines, switching facilities, substations
and similar facilities.
An enterprise operated for profit by an individual, association
or corporation, other than a public entity, either indoors or outdoors
for the pursuit of sports, recreation or leisure activities, including,
but not limited to, such establishments as miniature golf, golf or
batting practice facilities, bowling alleys, ice or roller rinks,
playing fields, racquet clubs, swimming pools, theaters, dance halls,
amusement parks, amphitheaters and similar facilities.
An enterprise operated by an individual, association or corporation,
other than a public entity, whether or not for profit, and whether
or not the facilities are advertised to the general public, including
sports, recreation or leisure activities, the use of which is limited
to members and their guests including, but not limited to, such establishments
as country clubs, golf courses, sportsmen's clubs, golf practice facilities,
playing fields, tennis or racquet clubs, swimming pools and similar
facilities.
An enterprise other than a municipal facility, as defined
herein, operated by a public entity, available to the general public,
whether or not an admission fee is charged, including either indoor
or outdoor facilities for the pursuit of sports, recreation or leisure
activities, including, but not limited to, parks, playgrounds, playing
fields, golf courses, golf or batting practice facilities, ice rinks,
tennis courts, swimming pools and similar facilities.
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including, but not limited to travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles, motorcycles and all-terrain vehicles.
A facility consisting of an earthen impoundment or aboveground
storage tank(s) designed to contain a total amount of 2,000,000 gallons
or more of water and to be used primarily for the storage of recycled
water or recycled water mixed with fresh water for the completion,
including hydraulic fracturing, of oil and/or gas wells, together
with associated piping and equipment used for handling, pumping, transferring
or treating such water.
[Added 8-9-2011 by Ord.
No. 1-11]
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building, as defined by this chapter.
A service establishment providing maintenance and repairs
of items that can be carried in by hand, including personal effects
(such as jewelry, watches, bicycles), small household appliances,
office equipment, small gasoline engines and similar items, but not
including repair of large appliances, motorized vehicles or heavy
equipment.
Any establishment, including laboratories, that carries on
investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and that may include supporting storage and
transportation facilities.
An establishment that offers food and beverages for sale
and consumption either on or on and off the premises as the principal
use and may serve alcoholic beverages for consumption on the premises
as an accessory use.
The sale on the premises of commodities and/or services directly
to consumers, but not including the manufacturing or processing of
any products.
A residential development designed primarily or exclusively
for occupancy by elderly or retired persons and that features one
or more of the following special services associated with the needs
of elderly or retired persons such as transportation, limited nursing
facilities, dispensaries, common dining facilities, minimum maintenance,
laundry service, recreation programs, personal services (such as beauty
and barbershops, or cleaner's valet service), florist and/or gift
shop, doctors' offices, branch bank, postal service and similar services
or facilities.
An establishment where instruction in riding, jumping and
showing is offered for a fee and where horses may be hired for riding.
A riding academy may also include a boarding stable, as defined herein.
An area of land reserved or dedicated for public purposes
to provide access across private property.
An on-lot disposal system providing for the disposal of effluent
for one building and its accessory building on a single lot, subject
to the approval of the Washington County Sewage Council.
Any municipal or privately owned sewer system in which sewage
is collected from more than one lot and piped to an approved sewage
disposal plant or approved community treatment system, including capped
sewers that are installed to Township specifications.
An accredited institution of learning that offers elementary
and secondary level instruction or that offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
See "mini warehouses/self-storage facility."
The servicing of motor vehicles and operations incidental thereto
and limited to one or more of the following activities: the retail
sale of petroleum products; retail sales and installation of automotive
accessories; automobile washing by hand; waxing and polishing of automobiles;
tire changing and repairing (excluding recapping); battery service,
changing and replacement, excluding repair and rebuilding; radiator
cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; and state inspection; and/or
The following operations, if conducted within a completely enclosed
building, as defined by this chapter: lubrication of motor vehicles;
replacement of exhaust systems; brake servicing limited to servicing
and replacement of brake cylinders, lines and brake shoes; wheel balancing;
the testing, adjustment and replacement or servicing of carburetors,
filters, generators, points, rotors, spark plugs, voltage regulators,
water and fuel pumps, water hoses and wiring; and/or
The operation of a convenience food store, provided retail sale
of petroleum products is a part of the operation.
A site under one ownership and control that is developed
as a unit for two or more retail businesses in one or more buildings
and designed with shared parking, loading and access facilities.
Any structure or device used to attract attention by word
or graphic display.
The area enclosed by one continuous line, connecting the
extreme points or edges of an advertising panel containing letters;
or the sum of the areas of each letter, in the case of free standing
letters that are mounted on a building wall, rather than painted on
or affixed to an advertising panel. In the case of freestanding pole
or ground signs, this area shall not include the main supporting sign
structure, but shall include all other ornamental attachments and
connecting features that are not part of the main supports of the
sign. In the case of letters that are painted on or affixed to an
awning or canopy, rather than mounted on a wall or affixed to an advertising
panel, the area of the sign shall be the area of the geometric shape
formed by outlining the height and width of all of the letters, including
the space between the individual letters. For two-sided signs, only
one face is counted in computing the surface area.
See Subsection A under "dwelling types."
A tract of land or one or more contiguous lots proposed for
development.
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
An establishment where animals are butchered for human consumption
and where the meat is prepared and packaged for retail or wholesale
sales, including seasonal processing of game animals.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
See "wind power generating facility (WPGF), small."
See "use by special exception."
An accessory use designed for active recreation including,
but not limited to, basketball and tennis courts, baseball batting
cages, skateboard ramps, trampolines, inflatable structures and other
private recreation structures.
A legally chartered organization for the pursuit of hunting,
fishing, marksmanship and related activities that may or may not include
a clubhouse and that has a roster of membership and a regular calendar
of activities limited to members and their guests.
A well used for and in connection with the underground storage
of natural gas, including injection into or withdrawal from an underground
storage reservoir or monitoring or observation of reservoir pressure.
[Added 8-9-2011 by Ord.
No. 1-11]
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 any floor and the ceiling
next above it, excluding cellars.
A public or recorded private right-of-way that affords primary
means of vehicular access to abutting property but not including alleys.
The legal right-of-way line that forms the dividing line
between the street and the lot.
A public street that serves large volumes of high-speed and
long-distance traffic. Streets classified as arterial in the Township
for the purposes of interpreting this chapter are State Route 50,
Avella Road and Cross Creek Road (SR4029).
A public street that, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
For the purpose of interpreting this chapter, streets classified as
collector in the Township are Atlasburg Road (SR4031), Cedar Grove
Road (SR4027), Old Ridge Road (SR4035), Rea Road (SR4033) and Strope
Road (SR4023).
Any public street not defined herein as an arterial or a
collector street.
A public right-of-way dedicated and open for public use that
has been adopted by the Township, county, commonwealth or other governmental
body.
A change or rearrangement of the structural parts or in the
exit facilities, or an enlargement or diminution of the structure,
whether by extending on the side or increasing the height or depth,
or the moving from one location or position to another.
Any man-made object having an ascertainable stationary location
on or in land or water whether or not affixed to the land.
See "height of structure."
The division of a lot, tract or parcel of land by any means
into two or more lots, tracts or parcels or other division of land
including any changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development,
provided, however, that 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
exempted.
Any body of water or receptacle for water having a depth
at any point greater than two feet and a surface area greater than
100 square feet, used or intended to be used for swimming or bathing
and constructed, installed or maintained outside any building.
See "bar or tavern."
See "construction trailer, temporary."
An activity or business enterprise not otherwise defined
and regulated by this chapter that attracts and serves people visiting
the area for educational, leisure or vacation purposes directly related
to the available historic, agricultural and recreational resources
of the immediate area, including, but not limited to, bait and tackle
shops, fishing and boating events, campgrounds, demonstration or exhibit
farms, farm stays, nature, game or wildlife preserves, museums, military
or cultural reenactments or encampments, wineries, fish hatcheries,
worm farms, seasonal farm festivals, educational activities, country
stores, hay-rides, pick your own produce and similar activities or
events that draw people from outside the immediate area. (See also
"bed-and-breakfast," "sportsmen's club" and "commercial recreation"
that are not included in the definition of tourism and are regulated
separately.)
See Subsection G under "dwelling types."
The Township of Cross Creek, Washington County, Pennsylvania.
See Subsection H under "dwelling types."
An establishment engaged in the rental, sale and/or service
of vehicles in excess of 26,000 pounds GVW and/or any other heavy
equipment, including, but not limited to, construction or farm equipment,
whether or not the equipment is classified as a motor vehicle.
See Subsection B under "dwelling types."
The purpose, business or activity for which any land or structure
is utilized.
A use authorized by this chapter that may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
A departure from the specific regulations of this chapter
that may be granted by the Zoning Hearing Board in accordance with
the criteria established by the Pennsylvania Municipalities Planning
Code (Act 247, as amended)[3] for a particular piece of property that, because of special
circumstances applicable to it, cannot be developed in compliance
with the literal terms of this chapter without undue physical hardship.
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including,
but not limited to such items as tires, hubcaps, mirrors, seat covers,
floor mats, tonneau covers, truck caps, windshields, windshield wipers,
trim packages, running boards and the like, but not including any
mechanical parts.
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds GVW, but not including any heavy equipment
or any other vehicle or equipment that is not classified as a "motor
vehicle" under the Pennsylvania Motor Vehicle Code.[4]
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building, as defined by this chapter.
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing that is incidental to retail sales and that
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
A facility consisting of either an earthen impoundment or
aboveground storage tank(s) designed to contain a total amount of
2,000,000 gallons or more of water and to be used primarily for the
storage of fresh water purchased or withdrawn for the hydraulic fracturing
of oil and/or gas wells, together with associated piping and equipment
used for handling, pumping, transferring or treating such water.
[Added 8-9-2011 by Ord.
No. 1-11]
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
A wind power generating facility (WPGF), as defined herein,
primarily for private use to reduce on-site consumption of utility
power.
All necessary devices that together convert wind energy into
electricity, including the rotor, nacelle, generator, WPGF tower,
electrical components, WPGF foundation, transformer, and electrical
cabling from the WPGF tower to the substation(s).
Areas, groves or stands of mature or largely mature trees
that are greater than six inches caliper (diameter) at a height of
14 inches above the ground that cover a land area greater than 0.25
of an acre; or any grove of more than 10 individual trees that are
mature having a caliper (diameter) greater than 12 inches at a height
of 14 inches above the ground.
The entity responsible for the day-to-day operation and maintenance
of the WPGF, including any third-party subcontractors.
The entity or entities with an equity interest in the WPGF(s),
including their respective successors and assigns. Owner does not
mean the property owner from whom land is leased for locating the
WPGF i) unless the property owner has an equity interest in the WPGF;
or ii) any person holding a security interest in the WPGF(s) solely
to secure an extension of credit, or a person foreclosing on such
security interest provided that, after foreclosure, such person seeks
to sell the WPGF(s) at the earliest practicable date.
The collection of WPGFs and substations as specified in the siting approval application pursuant to § 320-69TT of this chapter.
The apparatus that connects the electrical collection system
of the WPGFs and increases the voltage for connection with the utility's
transmission lines.
The support structure to which the nacelle and rotor are
attached.
The distance from the rotor blade at its highest point to
the top surface of the WPGF foundation.
A required open space located on a lot that is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
A yard extending between side lot lines across the full lot
width from the front lot line to a line parallel to the front lot
line, the minimum horizontal distance required by this chapter.
A yard extending across the rear of the lot between the required
side yard lines parallel to the rear lot line, the minimum horizontal
distance required by this chapter.
A yard extending from the required front building line to
the rear lot line parallel to the side lot line, the minimum horizontal
distance required by this chapter.
A document issued by the Township Zoning Officer stating
that the proposed use of a particular structure, building or lot conforms
to the requirements of this chapter.
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
The Official Map delineating the zoning districts of Cross
Creek Township, Washington County, Pennsylvania, together with all
amendments subsequently adopted which is incorporated in and made
a part of this chapter by reference thereto.
The Zoning Hearing Board of the Township of Cross Creek,
Washington County, Pennsylvania.
That person appointed by the Cross Creek Township Board of
Supervisors and charged with the responsibility of administering and
enforcing this chapter.
[1]
Editor's Note: This ordinance also added a number of other
oil-and-gas-related definitions to this section, and further provided
that all other terms in the ordinance will be as defined in Pennsylvania's
Oil and Gas Act (Act 223) Title 58, Oil and Gas, Chapter 11, Oil and
Gas Act. Said Ch. 11 was repealed 2-14-2012, eff. 4-15-2012, by P.L.
87, No. 13; see now Title 58 of Pa.C.S.A., particularly 58 Pa.C.S.A.
§ 3201 et seq.; and 58 P.S. § 3301 et seq., e.g.,
§ 3301, Definitions.
[2]
Editor's Note: See 53 P.S. § 10401 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
