A. 
For the purpose of this chapter, certain terms and words are defined below. Words used in the present tense shall include the future tense. Words in the singular shall include the plural and words in the plural shall include the singular. Words in the masculine include the feminine and the neuter.
B. 
The word "shall" is mandatory. The word "may" is permissive. The word "person" includes "individual," "company," "unincorporated association," or other similar entities. The words "used for" include "designed for," "arranged for," "intended for," "maintained for," or "occupied for." The words "building" and "structure" shall be construed as if followed by the phrase "or part thereof." The word "lot" shall include terms "plot," "parcel," "site" and tract. The word "Township" shall refer to Union Township, Berks County, Pennsylvania.
[Amended 8-19-2013 by Ord. No. 2013-04]
Terms or words used herein, unless otherwise expressly stated, shall be construed as defined below. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
ACCESSORY BUILDING
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal use.
ACCESSORY SOLAR ENERGY SYSTEM
An area of land or other area used for a solar energy system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. Ground-mounted or freestanding solar energy systems and roof-mounted solar energy systems on the roofs of buildings on site, used primarily for on-site use, are considered accessory solar energy systems. 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 for use on site.
[Added 5-16-2022 by Ord. No. 2022-02]
ACCESSORY USE
A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of land or of a building on a lot.
ACCESSORY WIND ENERGY SYSTEM
An area of land or other area used for a wind energy system used to capture wind energy, convert it to electrical energy and supply electrical power primarily for on-site use. Ground-mounted or freestanding wind energy systems and building-mounted wind energy systems on site, used primarily for on-site use, are considered accessory wind energy systems. An accessory wind energy system consists of one or more wind turbines and other accessory structures and facilities intended to primarily reduce on-site consumption of utility power for use on site.
[Added 10-17-2022 by Ord. No. 2022-03]
ACRE
43,560 square feet.
ACT 247
The Pennsylvania Municipalities Planning Code, as amended.[1]
ACT
The Pennsylvania Municipalities Planning Code, as amended.[2]
ADAPTIVE RE-USE
The re-use of a building that is 50 years or older for another use that is permitted, without substantially altering the historic character of the building as viewed from a public thoroughfare.
ADJACENT
The state of being side by side, next to or adjoining one another.
ADT (average daily traffic)
The average number of vehicles that pass over a given point per day.
ADULT BUSINESS USE
Any adult bookstore, adult cabaret, adult theater, or adult mini-motion-picture theater, as defined below, and which, under the State Obscenity Code, as amended,[3] must exclude minors or may not knowingly disseminate to minors.
[Amended 8-19-2013 by Ord. No. 2013-04]
ADULT BOOKSTORE — An establishment, having as a substantial or significant portion of its stock-in-trade (for sale or rental), books, magazines, videos, DVDs, and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined by the State Obscenity Code, as amended.
ADULT CABARET — A cabaret, tavern, theater or club which features strippers, male or female impersonators, or similar entertainers who exhibit, display or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in the State Obscenity Code, as amended.
ADULT MINI-MOTION-PICTURE THEATER — An enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual' activities" or "specified anatomical areas" for observation by patrons within private viewing booths and/or by use of token or coin-operated viewing booths and/or by use of token or coin-operated projectors or other video machines as defined in the State Obscenity Code, as amended.
ADULT THEATER — Any business, indoor or outdoor, which exhibits a motion-picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse as defined in the State Obscenity Code, as amended.
AGE QUALIFIED
A form of eligibility for a person of 55 years of age or older.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURE (general)
The cultivation of the soil and the raising and harvesting of the products of the soil including, but not limited to, landscape nursery, horticulture, forestry and animal husbandry. Section 200-92A of this chapter outlines the limitations for general agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Area Security Act (Act 43 of 1981, as amended).[4]
AGRICULTURE (intensive)
Specialized agricultural activities including, but not limited to, mushroom, egg and poultry production, and dry lot livestock production, which, due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Intensive agricultural activities shall also include general agricultural activities exceeding the standards and specifications outlined under § 200-92A of this chapter. Section 200-92B outlines the limitations for intensive agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Area Security Act (Act 43 of 1981, as amended).
AGRIVOLTAICS
The co-development of the same area of land for both solar photovoltaic power and production agriculture.
[Added 5-16-2022 by Ord. No. 2022-02]
ADVERTISING SIGN, OFF-SITE
A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at the location other than the premises on which the sign is located (see "billboard").
[Added 12-18-2017 by Ord. No. 2017-03]
ADVERTISING SIGN, ON-SITE
A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at the location on which the sign is located.
[Added 12-18-2017 by Ord. No. 2017-03]
ALLEY
A right-of-way or street that is municipally or privately owned which serves as a secondary vehicular access to the side or rear of two or more properties.
ALLUVIAL SOILS
A soil developing from recently deposited alluvium and exhibiting essentially no horizon development or modification of the recently deposited materials.
ALLUVIUM
Sediments deposited by running water of streams and rivers. It may occur on terraces well above present streams, on the present floodplain or deltas, or as a fin at the base of a slope.
ALTERATION
Any change or rearrangement in the existing facilities of a building or structure or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.
ANTENNA
A transmitting and/or receiving device used in telecommunications that radiates or captures radio signals.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
ANTENNA, OMNIDIRECTIONAL
An antenna that is equally effective in all directions, and whose size varies with the frequency and gain for which it is designed.
ANTENNA, PANEL
An antenna that is flat, directional, and whose size varies with the frequency and gain for which it is designed. Panel antennas may extend a maximum of six feet above the highest portion of the structure to which they are attached. No more than four panels may be attached to a tower, and the size of each panel shall not exceed one square foot of surface area.
ANTENNA, WHIP
An antenna that is cylindrical in shape which can be directional or omnidirectional. Their size varies based upon the frequency and gain for which they are designed.
APARTMENT
See "dwelling unit."
ASSISTED LIVING FACILITY
A facility for persons that is licensed as a personal care home by the state.
ATTIC
That part of a building which is immediately below and wholly or partly within the roof framing.
BASEMENT
A story partly below the finished grade.
BASE STATION
Any structure or equipment at a fixed location that enables FCC-licensed or authorized communications between user equipment and a communications network. It includes structures other than towers that support or house an antenna, transceiver, or other associated equipment that constitutes part of a "base station" at the time the relevant application is filed with the state or municipal authorities, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at the time support or house base station components. The term includes buildings, light poles, utility poles, water towers, etc., as well as DAS systems and small cells.
[Added 8-15-2016 by Ord. No. 2016-05]
BED-AND-BREAKFAST
The provisional short-term use and occupancy of a single-family detached dwelling for purposes accommodating transient guests for rent. As used herein the term transient shall mean guests whose stay at the bed-and-breakfast does not exceed 14 consecutive days at any one time in a six-month period.
BILLBOARD
A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located (see "off-site advertising sign").
[Added 12-18-2017 by Ord. No. 2017-03]
BLOCK
A tract of land or a lot or group of lots, bounded by streets.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Union, Berks County, Pennsylvania.
BUFFER YARD
A continuous strip of land of a length and width as specified in this chapter, and any other applicable ordinance, which is clear of buildings and paved areas and is intended to serve as a visual and/or physical separation between two or more land uses or activities, and is adequately landscaped in accordance with § 200-101 of this chapter and Chapter 172, Subdivision and Land Development.
BUILDING
A space enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the enclosure and support of individuals, animals, plants or property of any kind.
BUILDING AREA
The total area, taken on a horizontal plane at the ground floor level, of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.
BUILDING CODE
The International Building Code.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory buildings.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade at the two front corners of the building to the highest point of the roof.
BUILDING LENGTH
The measurement of a building in one general direction, whether it be the front, side or rear of the building.
BUILDING SETBACK
The minimum distance a building or structure shall be set back from the street right-of-way line (except the right-of-way of a service street).
BUILDING SETBACK LINE
The line within a property establishing the minimum required distance between any building or structure or portions thereof to be erected or altered and a street right-of-way (except the right-of-way of a service street). The distance shall be measured at right angles from the street right-of-way line which abuts the property, and the building setback line shall be parallel to said right-of-way line.
CALIPER
The diameter of a tree trunk measured at a point.
CAMPGROUND
A plot of ground upon which two or more campsites are located for the occupancy.
CAMPING UNIT
A tent or camping vehicle located on a campsite.
CAMPSITE
A plot of ground within a campground for the use of a single camping unit.
CARPORT
A roofed structure open on two or more sides and used in association with a structure or dwelling for the storage of private motor vehicles.
CARTWAY
The portion of a street right-of-way, whether paved or unpaved, designed for vehicular use.
CELLULAR TELECOMMUNICATIONS
A commercial low-power mobile radio service licensed by the Federal Communications Commission (FCC) to two providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CEMETERY
Land used or intended to be used for the burial of human remains and may include columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF USE AND OCCUPANCY
A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign, and/or land complies with this chapter, or that a building, structure, sign, and/or land may be lawfully employed for specific uses, or both.
CHURCH
A building used for public worship by a congregation, excluding buildings used primarily for residential, educational, burial, recreational, or other uses not normally associated with worship.
CLUB or LODGE
An association of persons for some common nonprofit activity, not including groups organized primarily to render a service which is customarily carried on as a business.
CLUSTER DEVELOPMENT
An alternative development method wherein structures and buildings are arranged in closely related groups, reducing lot sizes, preserving land for open space, and permitting innovative site design.
CO-LOCATED SMALL CELL INSTALLATION
A single telecommunication pole, mast, tower, cable, wire or other structure supporting multiple antennas, dishes, transmitters, repeaters, or similar devices owned or used by more than one public or private entity.
[Added 7-19-2021 by Ord. No. 2021-02]
CO-LOCATION
The mounting of one or more wireless communication facilities, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
[Added 8-15-2016 by Ord. No. 2016-05]
COMMERCIAL SCHOOL
A school for the teaching of a trade or skill, carried on as a business.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and between buildings and street rights-of-way, driveways, parking areas and property lines in the development. No dwelling unit, residential accessory buildings, or parking areas not associated with the use of the common open space may be located within common open spaces. The parcel shall have size, dimensions, topography, access and general character suitable for use by the residents.
COMMON PARKING AREA
A parking area or facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling, or one townhouse is located. Common parking areas are typically associated with multifamily and commercial (multi-tenant) developments.
COMMON WALL
A wall used for joint service between two buildings or parts thereof.
COMMUNICATIONS TOWER
A FCC-licensed facility, designed and used for the purpose of transmitting, receiving, and relaying signals from various communications devices and equipment.
COMPLETION
The act of bringing to a condition of physical completeness and readiness for use and occupancy.
COMPREHENSIVE PLAN
The most current version of the Southern Berks Regional Comprehensive Plan or any part thereof, adopted by the Union Township Board of Supervisors.
CONDITIONAL USE
Certain specified uses when permitted by the Board of Supervisors pursuant to express standards and criteria established in this chapter.
CONFERENCE AND RETREAT FACILITY
A facility that is associated with a bed-and-breakfast used for conferences, seminars and retreats, with accommodations for meeting rooms, and for food preparation and dining, in accordance with § 200-121.4.
CONSTRUCTION SITE
The total necessary land required for all buildings or uses within a unified development before a zoning permit may be issued.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A residential living environment and care facilities with a view toward: creating provisions for sustenance, housing, physical, spiritual, cultural, social and medical needs; allowing for care of residents as well as for operation and maintenance of residential living units; allowing for medical services for residents in the form of an infirmary for the temporary care of such residents and the treatment of their medical problems; and, allowing for independent living and assisted living, as well as skilled nursing facilities for both long-term and short-term care. The CCRC may include accessory uses primarily for the benefit of the CCRC residents such as: gift shops; personal services such as barber shops or beauty salon; cafeteria; community center; and library.
CONVERSION
To change or adapt land or structures to a different use, occupancy or purpose.
COUNTY
The County of Berks, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Berks County Planning Commission.
COURT
A portion of a lot unoccupied but partially or wholly surrounded by the walls of a structure or buildings.
CROSS BAR
A structure at or near the top of the low-power mobile radio service telecommunications facility which provides support and horizontal separation for the antenna(s).
CURATIVE AMENDMENT
LANDOWNER CURATIVE AMENDMENT — A proposed zoning amendment made to the Township by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use of the development of land in which the landowner/applicant has an interest.
MUNICIPAL CURATIVE AMENDMENT — A proposed zoning amendment initiated by the Township pursuant to § 609.2 of Act 247, as amended.[5]
CURBLINE
The edge of the cartway.
DENSITY
The number of dwelling units per gross acre.
DEP
The Pennsylvania Department of Environmental Protection and its successors.
DIRECTIONAL ANTENNA
An antenna or array of antennas designed to concentrate a radio signal in a particular area.
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.
[Added 8-15-2016 by Ord. No. 2016-05]
DISTRICT
A portion of the Township within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.
DRIVEWAY
A private right-of-way providing for vehicular and pedestrian access between a public street and a parking area or garage, within a lot or property. The term "driveway" shall include accessway, access drive, service drive, and service lane.
DWELLING
A building or structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as club, fraternity house, lodge, or residential club, nursing home, motel, and institutional residence are not included in the definition of "dwelling."
APARTMENT BUILDING — A building on a single lot arranged, intended, or designed to be occupied as a residence for three or more families, and in which the dwelling units may be separated horizontally and/or vertically.
CONDOMINIUM — Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, created under either the Pennsylvania Unit Property Act, as amended, or the Pennsylvania Uniform Condominium Act, as amended.[6]
MOBILE HOME — A transportable, single-family dwelling constructed in accordance with the specifications of the State of Pennsylvania intended for permanent occupancy contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MODULAR HOME OR MANUFACTURED HOME — 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 and constructed on a permanent foundation. Housing units defined as "mobile homes" are excluded from this definition.
SINGLE-FAMILY DETACHED DWELLING — A building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMI-DETACHED DWELLING — A building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a common wall, each dwelling having at least one separate entrance from the outside.
TOWNHOUSE (Single-Family Attached) — A building arranged, intended, or designed to be occupied exclusively as a residence for one family which is one of a group of three or more such buildings, placed side by side and separated by unpierced common walls, each dwelling having at least one separate entrance from the outside.
TWO-FAMILY DETACHED DWELLING (duplex) — A building arranged, designed or intended for occupancy of two families living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
DWELLING UNIT
A building or portion thereof providing one or more rooms, arranged for the use of one or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other dwelling unit (see Appendix A).
EMERGENCY
A condition that:
[Added 8-15-2016 by Ord. No. 2016-05]
(1) 
Constitutes a clear and immediate danger to the health, welfare or safety of the public; or
(2) 
Has caused or is likely to cause facilities in the right-of-way to be unusable and result in loss of the service provided.
ENVIRONMENTALLY SENSITIVE AREAS
Those areas of Union Township which are identified, defined or delineated as being floodplains, wetlands, high watertable soils, hydric soils, and/or steep slopes. All such environmentally sensitive areas shall be further defined and regulated under Article XII, Environmental Protection Overlay District, of this chapter.
EPA
The U.S. Environmental Protection Agency and its successors.
EXEMPTED TELECOMMUNICATIONS FACILITIES
Includes, but is not limited to, the following:
[Added 7-19-2021 by Ord. No. 2021-02]
(1) 
A single ground- or building-mounted receive-only radio or television antenna, including any mast, for the sole use of the tenant occupying the residential parcel on which the radio or television antenna is located, with an antenna height not exceeding 25 feet.
(2) 
A ground- or building-mounted citizens band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet.
(3) 
A ground-, building- or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed 35 feet.
(4) 
A ground- or building-mounted receive-only radio or television satellite dish antenna, which does not exceed 36 inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located, provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel.
(5) 
Mobile services providing public information coverage of news events of a temporary nature.
(6) 
Handheld devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar personal-use devices.
(7) 
Government-owned and -operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, stormwater, pump stations and/or irrigation systems, with heights not exceeding 35 feet.
(8) 
Township-owned and -operated antennas used for emergency response services, public utilities, operations and maintenance if the height does not exceed 70 feet.
(9) 
Telecommunications facilities including multiple antennas located on an industrial parcel and utilized for the sole use and purpose of communications between employees/vehicles of said company in the course of business.
FAMILY
An individual or any number of individuals living together as a single, nonprofit housekeeping unit, and having a single, common cooking facility and living together upon the premises as a separate unit in a domestic relationship based upon birth, marriage or other domestic bond; excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house.
FARM
An area of land, including all buildings, accessory buildings, farm buildings, and one single-family detached principal dwelling all used for agriculture and where the primary source of income is derived from property.
FARM BUILDING
A barn, silo, or any building used for the storage of agricultural equipment or farm produce, or housing livestock or poultry. The term "farm building" shall not include dwellings.
FCC RULES
Federal Communications Commission Rules and Orders, which regulate traditional telecommunications towers, as well as distributed antennas systems and other small cells.
[Added 8-15-2016 by Ord. No. 2016-05; amended 7-19-2021 by Ord. No. 2021-02]
FENCE
A man-made barrier placed or arranged.
FLOOR AREA (GROSS FLOOR AREA)
The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of a wall separating buildings.
(1) 
In particular, the floor area of a building or buildings shall include:
(a) 
Basement space.
(b) 
All spaces with structural headroom of seven feet six inches, or more.
(c) 
Interior balconies and mezzanines.
(d) 
Enclosed porches or terraces or other space which is attached to the principal structure on at least one side.
(e) 
Attic spaces (with or without a finished floor), provided structural headroom of seven feet six inches or more is available over 50% of such attic space.
(2) 
However, the floor area shall not include:
(a) 
Elevator shafts, stairwells, bulkhead, accessory water tanks or cooling towers.
(b) 
Terraces, breezeways, uncovered steps, or open space.
(c) 
Accessory buildings.
FORESTRY ACTIVITIES
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
GARAGE, PRIVATE
An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than three motor vehicles owned and used by persons other than the owner or tenant of the premises.
GOVERNING BODY
The Board of Supervisors of the Township of Union.
GREENHOUSE — CULTIVATION
Building, regardless of the materials or design used in construction, for the cultivation and growth of houseplants, flowers, shrubs, vegetables, plants and the like, for the purpose of further cultivation in the soil located on site, or for wholesale distribution.
GREENHOUSE — GARDEN CENTER
Building, regardless of the materials or design used in construction, primarily for the buying and reselling of plants, trees, mulch, landscaping products and the like.
GROSS FLOOR AREA
The total square footage of all floors of a building.
GROUP HOME
A single-family detached dwelling occupied by not more than five individuals, plus up to two live-in supervisory staff, not necessarily related by blood, marriage, adoption, or legal guardianship, who, because of their physical or emotional disabilities as defined and protected by the Federal Fair Housing Act, as amended, would face institutionalization, without the alternative living arrangements provided by the group home setting within the community. Group homes would include facilities providing supportive services to: the mentally disabled; the physically disabled; the emotionally disabled; and, the elderly.
[Added 9-16-2019 by Ord. No. 2019-2]
HIGH INTENSITY OUTDOOR RECREATION USE
Outdoor leisure time facilities that are commercial and more intense than medium intensity outdoor recreation use due to their attributes pertaining to; the charging of membership and/or admission fees; the presence of a high number of participants and parking spaces; and a level of land disturbance of 50% or greater of the tract. Examples of high intensity outdoor recreation use include: go-cart tracks; motocross tracks; water slide parks; amusement parks; and the like.
HIGH WATER TABLE SOILS
Those soils identified in the Soil Survey of Berks County, as having any of the following:
(1) 
Drainage classes of "somewhat poorly drained," "poorly drained," and/or "very poorly drained."
(2) 
Inundation that is common (>50 times in 100 years) and/or long (seven days to one month or more, per year).
(3) 
Inundation that is very shallow (<25 cm to 50 cm) and/or permanent (present continuously) to transitory (present three to six months).
HIGHWAY FRONTAGE
The lot dimensions measured along the right-of-way line of any one street or highway abutting a lot.
HOME OCCUPATION OR ACCESSORY PROFESSIONAL OFFICE USE
A professional use which is customarily carried on in a dwelling unit, or a structure accessory thereto, clearly secondary and incidental to the dwelling in which the practitioner resides, other than a no-impact home-based business.
HOTEL/MOTEL
A building or group of buildings containing six or more individual rooms for rental, primarily for transients, and where no provision is made for cooking in any individual room or suite. "Hotel/motel" does not include institutional or educational uses and buildings where human beings are housed under legal constraint.
HYDRIC SOIL
Soils that are wet long enough to periodically provide anaerobic conditions, thereby influencing the growth of plants.
[7]
IMPROVEMENT
Those physical additions and modifications to the land that may be required to insure that a site is suitable for a proposed land use including, but not limited to, buildings, structures, grading, utilities, and the like.
IMPROVEMENT SETBACK
The minimum distance an improvement other than a building or structure, or land use activity shall be set back from a street right-of-way and/or property line. Improvement setback requirement will not apply to such structures as stormwater piping, basins, endwalls, catch basins, fences, and retaining walls.
IN-LAW QUARTERS
An accessory dwelling unit for a family member.
INDUSTRY
A facility for the manufacture, processing, or warehousing of products and materials.
JUNKYARD
Any place where junk as defined in Chapter 119 is stored or accumulated. A lot, land or structure, or parts thereof used for the collection, storage, dismantling, salvage, sale or recycling of used and discarded materials including, but not limited to, wastepaper, rags, scrap metal; or the scrap, salvage, or discarded material from vehicles or machinery. The deposit or storage of two or more unlicensed, uninspected, wrecked or disabled vehicles shall be deemed to be a junkyard.
KENNEL
An establishment at which dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
LABORATORY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
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 under a written lease, who has written authorization of the legal owner, shall be deemed to be a "landowner" for the purpose of this chapter.
LANDSCAPE SCREEN
(1) 
A landscape screen shall be defined as being either:
BUFFER YARD LANDSCAPE SCREENA visual and/or physical separation between two or more land uses.
SITE ELEMENT LANDSCAPE SCREENA visual and/or physical separation between two or more site activities.
(2) 
In both cases, the screening shall be accomplished through the use of landscape materials in accordance with § 200-101 of this chapter.
LIVESTOCK
Farm animals, excluding poultry, which are kept or raised for use, pleasure and/or profit, such as cows, horses, goats, sheep, llamas, rabbits, and the like.
LOT
A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map. The term "lot" shall also mean "parcel," "plot," "site" or any similar term.
CORNER LOT — A lot situate at and abutting the intersection of two streets.
FLAG LOT — An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot that is regulated in § 200-100. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
INTERIOR LOT — A lot, other than a corner lot, the sides of which do not abut a street.
REVERSE-FRONTAGE LOTS — Lots which have frontage on two public streets.
LOT AREA (gross)
The total space contained within the lot lines. Minimum lot areas as required for the various zoning districts are based on gross lot area.
LOT AREA (net)
The space contained within the lot lines, excluding any and all land areas as follows: areas within existing or designated ultimate street rights-of-ways; areas identified as common open space; areas within easements dedicated for public utility, municipal or stormwater purposes; areas delineated as wetlands; areas within the one-hundred-year floodplain as defined by FEMA; surface water bodies, watercourses, and areas in which the topographic features exceed 25% in slope.
LOT COVERAGE
The percentage of a lot covered by all hardscape surfaces, such as buildings, paved or gravel parking areas, paved walks, and other similar surfaces. For purposes of this definition, material such as pervious paving and porous pavers shall be included as a hardscape material and shall be subject to the coverage limit as set forth for the applicable zoning district.
[Amended 3-21-2016 by Ord. No. 2016-01]
LOT DEPTH
The mean average horizontal distance between the front and the rear lot lines.
LOT FRONTAGE
That portion of a lot which fronts on a street.
LOT LINE
A line forming the front, rear or side boundary of a lot.
FRONT LOT LINE — The line separating a lot from a street. The front lot line is also the street line.
REAR LOT LINE — The lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINE — Any lot line other than a front or rear lot line.
LOT OF RECORD
A lot or parcel recorded in the office of the Recorder of Deeds of Berks County, Pennsylvania.
LOT WIDTH
The width of a lot measured at the minimum building setback line (front yard) as established for the specific zoning district.
LOW INTENSITY OUTDOOR RECREATION USE
Outdoor leisure time facilities of a noncommercial nature for walking, fishing, bird watching, nature study, nature photography, picnicking, horseback riding, and the like.
MAJOR TELECOMMUNICATIONS FACILITY
Telecommunication towers, poles or similar structures greater than 50 feet in height, including accessory equipment such as transmitters, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, as well as support structures, equipment buildings and parking areas.
[Added 7-19-2021 by Ord. No. 2021-02]
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth under the Medical Marijuana Act, Pennsylvania Act 16.
[Added 9-19-2016 by Ord. No. 2016-06]
MEDICAL MARIJUANA ACT
The Medical Marijuana Act, Pennsylvania Act 16, as adopted April 17, 2016.[8]
[Added 9-19-2016 by Ord. No. 2016-06]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health under Pennsylvania Act 16 to dispense medical marijuana. The term does not include a health care medical marijuana organization under the Medical Marijuana Act, Pennsylvania Act 16, which has been separately approved by the Department to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Act.
[Added 9-19-2016 by Ord. No. 2016-06]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health under Pennsylvania Act 16 to grow and process medical marijuana. The term does not include a health care medical marijuana organization under the Medical Marijuana Act, Pennsylvania Act 16, which has been separately approved by the Department to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Act.
[Added 9-19-2016 by Ord. No. 2016-06]
MEDICAL MARIJUANA ORGANIZATION
A dispensary or a grower/processor as permitted under the Medical Marijuana Act, Pennsylvania Act 16. The term does not include a health care medical marijuana organization under the Medical Marijuana Act, Pennsylvania Act 16, which has been separately approved by the Department to dispense or grow and process in accordance with a research study pursuant to Chapter 19 of the Act.
[Added 9-19-2016 by Ord. No. 2016-06]
MEDIUM INTENSITY OUTDOOR RECREATION USE
Outdoor leisure time facilities of a non-commercial nature for cardiovascular endeavors for soccer, baseball, basketball, football, bicycling, rugby, lacrosse, volleyball, field hockey, tennis, swimming, and the like, as well as commercial activities such as a golf course or driving range.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MIXED USE
The use of a lot for two or more uses.
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 which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless telecommunication facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvements, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
[Added 8-15-2016 by Ord. No. 2016-05]
MONOPOLE
A WCF which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added 8-15-2016 by Ord. No. 2016-05]
MOTEL
See "hotel/motel."
MOTOR VEHICLE SERVICE STATION
An area of land, including structures thereon, used primarily for the sale of gasoline or motor vehicle fuel, but which may be used secondarily for supplying services generally required for the operation and maintenance of motor vehicles, but which shall not include painting, body and fender repairs, or sale, rental and storage of vehicles.
MUNICIPAL USE
A land use owned, operated and/or maintained by the Township such as, but not limited to, recreational areas/facilities, educational facilities, emergency management facilities, administrative offices, meeting rooms, water and sewage facilities, utilities, road materials and equipment storage facilities, cultural facilities, historical facilities, and other similar governmental land uses.
MUNICIPALITY
Union Township, Berks County, Pennsylvania.
NET ACRE
An acre of land exclusive of the features described as exclusions under the lot area (net) definitions.
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, and which also involves no pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the requirements of § 200-90.
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential use.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
NON-TOWER WIRELESS COMMUNICATION FACILITY (NON-TOWER WCF)
A non-tower WCF, including, but not limited to, antennas and related equipment. Non-tower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
[Added 8-15-2016 by Ord. No. 2016-05]
NONCONFORMING LOT
A lot which does not meet with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, or part thereof, which does not meet the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A building, structure, sign or use of land which does not conform to the applicable regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate any applicable use regulations prior to the enactment of such ordinance or amendments.
NONSTRUCTURAL USE
The use of a lot for activities that do not involve structures.
NURSERY SCHOOL
A school for pre-kindergarten instruction.
NURSING HOME
A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a personal care home.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years, i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.
OPEN SPACE
Any parcel or area of land or water, essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space.
PARKING LOT
An off-street area designed solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space appurtenant thereto. Six or more parking spaces shall constitute a parking lot for the purposes of this chapter.
PARKING SPACE
A reasonably level space, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passageways or other means of circulation or access.
PATIO
A primarily level, surfaced area, directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.
PERMITTED USE
A use permitted in a particular district to occupy or use land for a specific purpose in accordance with this chapter, when such use is permitted by right.
PERSONAL CARE HOME
See "assisted living facility."
PERSONAL COMMUNICATIONS SERVICE (PCS)
A generation of wireless-phone technology that combines a range of features and services surpassing those available in analog and digital cellular phone systems, providing a user with an all-in-one wireless phone, paging, messaging, and data service.
[Added 8-15-2016 by Ord. No. 2016-05]
PERSONAL SERVICE ESTABLISHMENT OR SHOP
An establishment primarily engaged in providing services involving the personal physical fitness of a person, such as fitness studio, martial arts studio, health club or massage therapy establishment; or providing personal appearance services, goods or apparel, such as dry cleaning, laundromats, linen supply, beauty shop, barber shop, shoe repair, seamstress, and tailor shop.
[Amended 8-19-2013 by Ord. No. 2013-04]
PET CEMETERY
A cemetery for animals, typically for cats and dogs.
PLAN
The proposal for development, including a part of subdivision, all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities.
AS-BUILT/IMPROVEMENT PLAN — A detailed engineering plan showing the construction details of streets, storm drainage facilities and other improvements, as required by this chapter.
FINAL PLAN — A complete and exact subdivision or land development (including all required supplemental data) prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
MINOR SUBDIVISION PLAN — A complete and exact plan prepared in accordance with the standards and limitations specified in the Subdivision and Land Development Ordinance [Chapter 172].
PLAN OF RECORD — An exact copy of the approved final plan which has been officially recorded by the Berks County Recorder of Deeds.
PRELIMINARY PLAN — A tentative subdivision or land development (including all required supplementary data) showing the pertinent features of a tract and proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
SKETCH PLAN — An informal plan, drawn to scale, indicating existing features of a tract and the general layout of the proposed subdivision or land development. The plan shall be presented for discussion purposes only and not for approval.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a landowner, to be developed as a single entity for a number of dwelling 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 this chapter.
PLANNING COMMISSION
The Planning Commission of Union Township, Berks County, Pennsylvania.
PLANTING STRIP
An area for the installation and maintenance of trees, shrubs, ground covers and other landscaped materials, of a length, width, height, composition, etc., in accordance with this chapter.
POULTRY
Domestic fowl raised for meat or eggs including chickens, turkeys, ducks, geese, and the like.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.
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, Berks County Soil Survey.
PRINCIPAL BUILDING
A building in which a principal use on a lot is carried on.
PRINCIPAL USE
The main or primary purpose for which any land, structure, or building is designed, arranged, or intended, and for which they may be occupied or maintained under the terms of this chapter.
PROFESSIONAL OFFICE
A use or similar uses that primarily involve services related to, but not limited to, administrative, business, clerical, dental, engineering, financial, governmental, legal, or medical including all auxiliary services such as physical therapy and massage therapy.
[Added 8-19-2013 by Ord. No. 2013-04]
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq. (relating to open meetings).
PUBLIC UTILITY
An entity that provides for a public necessity, serves all members of the public upon reasonable request, charges just and reasonable rates subject to review by a regulatory body including, but not limited to, the Public Utilities Commission, files tariffs specifying all its charges, and modifies or discontinues its service only with the approval of the regulatory body and/or agency.
RECREATIONAL FACILITIES
Structures typically found at a park or playground, such as a swimming pool, tennis court, basketball court, trail, bench, pavilion and gazebo.
REHABILITATION HOUSING
Facilities, other than a prison or hospital, providing, for a limited period, living accommodations, counseling and treatment for up to 10 persons needing such treatment. No less than two live-in security-trained and certified staff shall be on site, plus such additional staff as are required under the facility's operations policies and the emergency management and security plans on record with the Township. Rehabilitation housing would include facilities specializing in providing supportive services to: persons needing drug and alcohol rehabilitation; and, persons released from corrections or juvenile facilities needing assistance with their reentry into the community.
[Added 9-16-2019 by Ord. No. 2019-2]
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, related equipment includes generators and base stations.
[Added 8-15-2016 by Ord. No. 2016-05]
REPLACEMENT
The replacement of existing wireless telecommunication facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunication facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
[Added 8-15-2016 by Ord. No. 2016-05]
RESIDENTIAL SETBACK
The minimum distance a new nonresidential building shall be set back from an existing principal residential dwelling unit on an adjoining property.
RETAIL BUSINESS ESTABLISHMENT
An establishment engaged in the sale or rental of goods or merchandise, and in rendering services incidental to the sale of such goods, involving the sale of such items as antiques, appliances, auto parts, beverages, books, carpeting, clothing, convenience stores, dry goods, flowers, fast food establishments, food, furniture, gasoline, hardware, household supplies, lumber, jewelry, machinery, newspapers, office equipment, paint, Periodicals, pharmaceuticals, sporting goods, stationery, and tobacco.
RIDING ACADEMY
An establishment where horses are boarded and cared for and where instruction in riding, jumping, and showing is offered and where horses may be hired for riding.
RIGHT-OF-WAY
The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or thereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
[Added 8-15-2016 by Ord. No. 2016-05]
ROTOR
That portion of the wind turbine, i.e., blades and associated hub and shaft, which is intended to be moved or activated by the wind.
[Added 10-17-2022 by Ord. No. 2022-03]
SANITARY SEWER SYSTEM
A system designed to collect, treat and dispose of sewage from users in compliance with state and local regulations.
COMMUNITY SYSTEM — A sewage disposal system which collects, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
ON-LOT SYSTEM — A sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
PUBLIC SYSTEM — A sewage disposal system, owned or offered for sale to the UTMA, which collects, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant but not confined to a neighborhood area.
SECURITY FENCE
A fence of a height as specified in this chapter that is installed and maintained to control access to a use that requires specialized safety measures.
SHADOW FLICKER
Alternating changes in light intensity caused by moving wind rotor blades, casting shadows on the ground and stationary objects.
[Added 10-17-2022 by Ord. No. 2022-03]
SHELTER HOUSING
Facilities providing counseling and temporary safe/secure environments for up to 10 persons who have suffered physical abuse, mental abuse, or traumatic life event and need a protective environment during a period of recovery. No less than two live-in security-trained and certified staff shall be on site, plus such additional staff as are required under the facility's operations policies and the emergency management and security plans on record with the Township. Shelter housing would include facilities specializing in providing supportive services to: victims of domestic abuse; survivors of trafficking and sexual exploitation; and, persons finding themselves homeless after a traumatic life event.
[Added 9-16-2019 by Ord. No. 2019-2]
SIGN
Any structure, building, wall, or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device, or other representations used for announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant, or insignia of any nation, state, city or other political unit nor public traffic or directional signs.
SIGN, TEMPORARY
A sign which is displayed for a short period of time as specified in the sign regulation, for less than 30 days, except as otherwise more specifically provided for elsewhere in this chapter.
[Amended 12-18-2017 by Ord. No. 2017-03]
SITE
For towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
[Amended 8-15-2016 by Ord. No. 2016-05]
SMALL CELL INSTALLATION
All equipment required for the operation and maintenance of so-called small cell wireless communications facilities (WCFs) that transmit and/or receive signals but are not major telecommunications facilities, including antennas, microwave dishes, power supplies, transformers, electronics, and other types of equipment required for the transmission or receipt of such signals.
[Added 7-19-2021 by Ord. No. 2021-02]
SOLAR ACCESS
An area of sky typically described as the three dimensional space in which obstructions are prohibited in order to maintain or protect solar access for a proposed solar collection system.
SOLAR ARRAY
A system of a group of solar panels connected together.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR ARRAY CONNECTION
The low-voltage electric lines which connect solar-related equipment.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR COLLECTOR
A device or combination of devices and structures, that transforms direct solar energy into thermal, chemical or electrical energy.
SOLAR EASEMENT
A right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner, for the purpose of assuring adequate access to direct sunlight for solar energy systems.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR ENERGY FACILITY
An area of land used for a solar energy system principally to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. A solar energy facility consists of one or more freestanding, ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures producing energy for off-site use. The production of energy or power on common areas, open space or other community lands within a subdivision constitutes producing energy for off-site use.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR ENERGY PROJECT
A grouping of two or more solar energy facilities which are held by owner or leased to a common lessor and which are part of a single solar energy production development project.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR ENERGY SYSTEMS
A complete design or assembly of solar panels, solar arrays, solar array connections, solar collectors and solar-related equipment.
[Amended 5-16-2022 by Ord. No. 2022-02]
SOLAR PANEL
That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and foundations or other structures used for or intended to be used for collection of solar energy.
[Added 5-16-2022 by Ord. No. 2022-02]
SOLID WASTE
Waste, including solid, liquid, semisolid, or contained gaseous materials.
SPECIAL EXCEPTION
A use permitted in a particular district by the Zoning Hearing Board, to occupy or use land for a specific purpose in accordance with this chapter, when such use is not permitted by right.
SPECIAL TEMPORARY PROMOTIONAL DEVICES
Signs, displays, banners, pennants or other advertising devices erected on a property to promote a special event, sale, or gathering.
[Added 12-18-2017 by Ord. No. 2017-03]
STATE OBSCENITY CODE
Section 5903 of Title 18 of the Pennsylvania Consolidated Statutes, as amended.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communication towers, antennas 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 antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, or light poles.
[Added 8-15-2016 by Ord. No. 2016-05]
STORAGE AREA
A portion of a lot, typically in the rear yard, where materials are accumulated for a time period specified in this chapter.
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 be no floor above it, then the space between any floor and the ceiling next above it. A basement, shall be deemed to be a story.
STREET
A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway" and similar terms.
ARTERIAL (MAJOR) STREET — A street serving a large volume of comparatively high-speed and long-distance traffic.
COLLECTOR STREET — A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or arterial streets or other collector streets. Streets within an industrial or commercial development shall be considered collector streets.
CUL-DE-SAC STREET — A minor street intersecting another street at one end and terminating in a permanent vehicular turnaround at the other end.
INTERNAL STREET — A minor street used for circulation and access within a development involving multi-residential, commercial and/or industrial land uses.
MARGINAL ACCESS STREET — A minor street, parallel and adjacent to an arterial or collector street (but separating it by a reverse strip) which provides access to abutting properties and control of intersections.
MINOR STREET — A street used primarily to provide access to residential properties.
PRIVATE STREET — A street not offered or intended to be offered for dedication to the Township for public use. Private streets are permitted only if they are designed and improved to meet Township street standards.
PUBLIC STREET — A street offered for dedication and accepted by the Township for public use.
SERVICE STREET (ALLEY) — A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STREET FRONTAGE
The lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
STREET FURNITURE
Pedestrian-oriented accessories such as benches, bicycle racks, planters, and waste receptacles.
STREET LINE
The dividing line between a lot and the outside boundary of a public street, road, or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan, or between a lot and a private street or road over which the owners or tenants of one or more lots held in single and separate ownership have a right-of-way.
STRUCTURAL USE
A use of a lot for activities that involve structures.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification to the physical dimensions of a tower or base station, as measured from the dimensions of the tower or base station inclusive of any modifications approved prior to the passage of the Spectrum Act (effective February 22, 2012), if it meets any of the following criteria:
[Added 8-15-2016 by Ord. No. 2016-05]
(1) 
For towers outside of a public right-of-way, it increases the height by more than 20 feet or 10%, whichever is greater; for those towers in the right-of-way and for all base stations, it increases the height of the tower or base station by more than 10% or 10 feet, whichever is greater;
(2) 
For towers outside of public rights-of-way, it protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for those towers in the rights-of-way and for all base stations, it protrudes from the edge of the structure 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 tower or base station;
(5) 
It would defeat the existing concealment elements of the tower or base station; or
(6) 
It does not comply with conditions associated with the prior approval of the tower or base station unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.
SURFACE MINING
The extraction of minerals, rock and other products of the earth by activities conducted upon the surface of the land which require the removal of the overburden, strata or material overlying, above or between, the minerals, rock and other products of the earth, or by otherwise exposing and retrieving the minerals from the surface. Mining activities carried out beneath the surface by means of shafts, tunnels or other underground mine openings are not included in this definition.
SURFACE WATER BODY
A pond, lake, stream, creek, river or other like type natural resource.
SWIMMING POOL
A body of water or receptacle for water having a depth at any point greater than 18 inches which is primarily used or intended to be used for swimming or bathing.
TEMPORARY STRUCTURE
A structure that is erected without a foundation or footings and is removed when the designated time period, activity, or use for which such structure was erected has ceased.
TOTAL HEIGHT
When referring to a wind turbine, the distance measured from the tower foundation at ground level to the top of the wind rotor blade when it is rotated to its highest point.
[Added 10-17-2022 by Ord. No. 2022-03]
TOWER-BASED WCF
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 8-15-2016 by Ord. No. 2016-05]
TOWNSHIP
Union Township, Berks County, Pennsylvania.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land typically developed for a compatible mixture of residential units for various income levels and nonresidential Commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out with an interconnected network of streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.
TREE NURSERY
The field cultivation of trees, directly in the soils on site, of trees, ornamental trees, shrubs, flowers, vegetables or houseplants for transplanting on site or for wholesale distribution.
USE
The specific purpose for which land, a sign, or a structure or building is designed, arranged, intended, or for which it may be occupied or maintained, or any activity, occupation, business, or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
Relief, granted by the Zoning Hearing Board, from the terms and conditions of this chapter, all in accordance with the provisions established within this chapter and the Pennsylvania Municipalities Planning Code (Act 247, as amended).[9]
WALL
A man-made structure typically made of brick, stone, or other masonry material placed or arranged to enclose, screen, or separate areas.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term "waste" shall also include and apply to waste considered as either hazardous, contaminated, toxic, residual, municipal, or recyclable, as defined by the PADEP and/or U.S. Environmental Protection Agency.
WATER SUPPLY SYSTEM
A system designed to transmit water from the source to users, in compliance with the requirements of the appropriate state agencies and the Township.
COMMUNITY WATER SUPPLY SYSTEM — A water supply system which transmits from a common source to more than one dwelling, principal use, and/or lot within a single neighborhood.
ON-LOT WATER SUPPLY SYSTEM — A water supply system which transmits water from a source on the lot to one dwelling; or principal use on the same lot.
PUBLIC OR MUNICIPAL WATER SUPPLY SYSTEM — A system of water collection, storage, transmission and delivery, owned or offered for sale to the UTMA, which is proposed to service a community, but not confined to a single neighborhood.
WATERCOURSE
A stream with year-round or substantially year-round flow such as a creek, stream, river, or other body of running water.
WBAC
Pennsylvania Wireless Broadband Collocation Act.[10]
[Added 8-15-2016 by Ord. No. 2016-05]
WETLANDS
As defined by the Pennsylvania Department of Environmental Protection (DEP), those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of Vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The three major characteristics of wetlands include vegetation, soil and hydrology.
WIND ENERGY FACILITY
An area of land used for a wind energy system to capture wind energy, convert it to electrical energy, and supply electrical power primarily for off-site use. A wind energy facility consists of one or more wind turbines and other accessory structures and facilities producing energy primarily to export for off-site use. The production of energy or power on the common areas, open space, or other lands within a residential community constitutes producing energy for export for off-site use.
[Added 10-17-2022 by Ord. No. 2022-03]
WIND TOWER
The supporting structure of a wind turbine on which a rotor and accessory equipment are mounted.
[Added 10-17-2022 by Ord. No. 2022-03]
WIND TURBINE
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
[Added 10-17-2022 by Ord. No. 2022-03]
WIRELESS
Transmission through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 8-15-2016 by Ord. No. 2016-05]
WIRELESS COMMUNICATION FACILITY (WCF)
The antennas, nodes, control bases, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communication services.
[Added 8-15-2016 by Ord. No. 2016-05]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based WCF, or any other support structure that could support the placement or installation of a wireless communication facility if approved by the Township.
[Added 8-15-2016 by Ord. No. 2016-05]
WOODLAND EXTRACTION
The clear-cutting of mature trees (six inches or more in caliper) to provide an adequate area for development.
WOODLANDS
Areas characterized by dense and extensive tree cover growing closely together so that the drip lines touch or overlap, and in which there is more than one viable tree of a diameter of six inches or greater per 1,500 square feet of lot area. This definition includes groves of lowering or sub-canopy trees, such as dogwood trees, and young forest where the immature branches may not yet be interlocking. To determine if an area has a minimum of one viable tree of six inches or greater caliper per 1,500 square feet, the total area of land in question (in square feet) shall be divided by 1,500. If the result is equal to or less than the number of viable trees of the diameter of six inches or greater, and meets the other stated characteristics, the area in question is considered woodland.
YARD
An open space on the same lot with a structure (or a group of structures) which lies between the structure (or a group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted. See Appendix B.
FRONT YARD — A yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley the front yard requirement shall apply fronting each public street.
REAR YARD — A yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARD — A yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
ZONING
Division of all of the land of an entire political subdivision into districts having different regulations pertaining to use of land; and height, area, bulk, and use of buildings, and yard requirements. Zoning is affected by local ordinance under the police power of the state granted by specific legislation generally termed an "enabling act."
ZONING HEARING BOARD
A Board created by the governing body to hear matters as provided for in this chapter.
ZONING MAP
The Union Township Zoning Map.
ZONING OFFICER
The agent or official designated by the governing body to administer and enforce the Zoning Ordinance of the Township.
ZONING ORDINANCE
The Union Township Zoning Ordinance, as codified in Chapter 200 of the Code of Union Township [this chapter].
Note: Any terms not defined above shall have the meaning as described in Random House Webster's Unabridged Dictionary, most recent edition.
[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 18 Pa.C.S.A. § 5903.
[4]
Editor's Note: See 3 P.S. § 901 et seq.
[5]
Editor's Note: See 53 P.S. § 10604.2.
[6]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[7]
Editor's Note: The definition of "impervious surface coverage," which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 2016-01.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 53 P.S. § 11702.1 et seq.