[Ord. 187, 4/18/2008]
1.
Unless
otherwise expressly stated, the following terms shall, for the purpose
of this Chapter, have the meaning indicated:
A.
Words
in the singular include the plural and those in the plural include
the singular.
B.
Words
used in the present tense include the future tense.
C.
The
words “person” and “owner” include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
D.
The
term “occupied” or “used” as applied to any
building shall be construed as though followed by the words “or
intended, arranged, or designed to be occupied or used.”
E.
The
word “building” includes structure and shall be construed
as if followed by the phrase “or part thereof.”
F.
The
word “lot” includes the word “plot,” “parcel”
or “tract.”
G.
The
word “watercourse” includes channel, creek, ditch, dry
run, spring, stream and river.
H.
The
words “should” and “may” are permissive; the
words “shall” and “will” are mandatory and
directive.
I.
The
word “erect” shall mean to build, construct, alter, repair,
display, relocate, attach, hang, place, suspend, affix or maintain
any building and shall also include the painting of exterior wall
signs.
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; by Ord. 192, 11/20/2008; by Ord.
197, 9/14/2010; by Ord. 206, 4/10/2012; by Ord. 221, 7/14/2015; by Ord. 225, 12/13/2016; by Ord. 226, 7/12/2016; by Ord. 231, 6/22/2021; by Ord. 234, 3/18/2020; by Ord. 236, 6/30/2020; by Ord. 237, 7/28/2020; by Ord. 238, 9/9/2020; and by Ord. 243, 5/11/2022]
Other words used herein shall be interpreted or defined as follows:
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term “accessory equipment” includes but is not limited
to utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar structures.
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, freestanding solar energy systems, or roof-mounted
solar energy systems used primarily for on-site power use shall have
no limit as to power output. 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
by the generator.
[Added by Ord. No. 249,
3/27/2023]
A building or use clearly incidental or subordinate to, and
customary in connection with, and located on the same lot with the
principal building or use.
Rehabilitation or renovation of existing building(s) or structures
for any use(s) other than the present use(s).
Commercial exploitation of explicit sexual conduct through
the public exhibition of lewd films and the display and/or sale of
lewd publications and the use of so-called massage parlors, model
studios and clubs featuring nude dancers for purposes of lewdness,
assignation or prostitution which constitutes a debasement and distortion
of a sensitive key relationship of human existence central to family
life, community welfare and the development of human personality and
is offensive to the senses and to public morals and interferes with
the comfortable enjoyment of life and property, the interest of the
public in the quality of life and total community environment, the
tone of commerce in the Township, property values and the public safety.
Similar to a bed and breakfast but instead of a dwelling
the lodging is provided by tents (whether on platforms or not), yurts,
rustic log cabins and similar experimental lodging facilities and
where shower and bathroom facilities are provided.
Uses involving the production of food and fiber, including
animal husbandry, but excluding kennels, agricultural processing facilities,
retail nurseries and greenhouses and other retail enterprises.
The co-development of the same area of land for both solar
photovoltaic power and normal farming operations as defined by P.L.
454, No. 133 (1982), the Protection of Agricultural Operations from
Nuisance Suits and Ordinances Act,[1] or any successor laws.
[Added by Ord. No. 249,
3/27/2023]
A full time licensed personal commercial day-care and licensed
residential personal care facility providing specialized care, including
skilled nursing care and medical services to patients and residents
with dementia and memory illness.
An establishment associated with a hospital or specialty
hospital use where patients are admitted for surgical treatment on
an outpatient basis by one or more physicians or medical personal
and where patients are not usually lodged overnight.
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-term boarding and shall be incidental
to such hospital use.
A device used to collect or transmit telecommunications or
radio signals, or any system of wires, rods, discs, panels, flat panels,
dishes, whips, or other similar devices used for the transmission
or reception of wireless signals. An antenna may include an omnidirectional
antenna (rod), directional antenna (panel), parabolic antenna (disc)
or any other wireless antenna. An antenna shall not include tower-based
wireless communications facilities defined below. An antenna shall
not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band radio antennas.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A public or private way affording only secondary means of
access to abutting property. Alleys may also be known as “courts,”
“places” or “lanes.”
The raising and keeping of livestock and poultry, with the
intent of producing capital gain or profit or with the intent of selling
any livestock or poultry products. The keeping of livestock or poultry
as farm pets, or for domestic purposes pursuant to the regulations
of this Chapter shall not be construed as animal husbandry.
Every application, whether preliminary, tentative or final
required to be filed and approved grins to start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
Facilities in which a combination of housing, personalized
supportive services and minimal health care designed to meet the individual
needs of persons age 55 and over who need help with the activities
of daily living, but do not need the skilled medical care provided
in a nursing home, are provided. This shall include independent living
units for seniors with supportive services but shall not include skilled
nursing care or nursing home facilities. Also referred to as “personal
care facilities,” rest homes” or “retirement homes.”
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts and other team
sport facilities, swimming facilities, saunas, showers, massage rooms
and lockers.
Any uninhabited space between the top of the ceiling framing
of the top habitable story and the roof framing and any walls constituting
a part of the enclosure of the space.
A facility for the general repair, rebuilding, or reconditioning
of engines, motor vehicles, or trailers, or providing collision services,
including body, frame, or fender repair, and overall painting.
A structure made of cloth, metal or other material affixed
to a building in such a manner that the structure may be raised or
retracted to a position against the building.
The temporary or occasional care of a number of children
or adults which takes place either at the home of the person giving
care or at the dwelling unit customarily and regularly occupied by
the children or adults as their residence.
A floor level open to the floor below. A floor level shall
be considered a story when it exceeds 1/3 of the area of the floor
it is open to. Any space enclosed with floor to ceiling partitions
shall be considered a story except for toilet facilities and incidental
rooms which are not occupied.
A sign intended to be hung either with or without a frame
possessing characters, letters, illustrations, or ornamentations applied
to paper, plastic, or fabric of any kind excluding flags, emblems,
and insignia of political, professional, religious, education, or
corporate organizations providing that such flags, emblems, and insignia
are displayed for noncommercial purposes.
A floor level completely below grade or floor level in which
more than 2/3 of the perimeter walls are below grade. A wall shall
be considered below grade where the dimension from the first floor
line to the finished grade is five feet or less, and the slope of
the finished grade extending 10 feet from the building walls does
not exceed 30º.
An owner-occupied dwelling, in which no more than six rooms
are rented for lodging and serving of breakfast (but no other meals),
designed primarily for casual and transient roomers, and where no
public restaurant is maintained.
A sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered, or existing elsewhere
than upon the same lot where such sign is displayed. The term “off-premises
sign” shall include an outdoor advertising sign (billboard)
on which space is leased or rented by the owner thereof to others
for the purpose of conveying a commercial or noncommercial message.
A sign suspended from a marquee, canopy, awning, or porch
that would exist without the sign.
An area bounded by three or more roads.
Any body granted jurisdiction under a land use ordinance
or under this Chapter to render final adjudications.
A dwelling in which the owner or tenant rents at least one
but not more than six rooms and furnishes meals for compensation.
A strip of land at least 10 feet in width which may be a
part of the minimum setback distance.
Any structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property. The term “building” shall include the term “structure”
as well as signs, walls, swimming pools, porches, garages and similar
structures. Structures divided by unpermed masonry division walls
extending from the ground to the roof shall be deemed to be separate
buildings.
The horizontal ground area enclosed by the walls of a building
together with the area of all covered porches and other roofed portions.
That proportion of a lot that is occupied by structures.
The vertical distance measured from the average ground level
on the exterior perimeter of the building to the highest point of
the roof.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The line within a property defining the minimum required
distance between the principal building to be erected and an adjacent
lot line.
See “wall sign.”
The retail sale of a diverse range of hardware and related
materials generally used in the maintenance, repair, or construction
of buildings or other structures, including lawn and garden supplies.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. The term “business”
shall include the occupancy or use of a building or lot or any portion
thereof for the transaction of business or the rendering or receiving
of professional or personal service.
See “premises sign.”
A small facility; not exceeding 500 SF in size, where drinks
and snacks are sold.
A plot of ground, at least 10 acres in size, upon which two
or more campsites are located, established or maintained for temporary
occupancy by persons using tents, camping trailers, motor homes or
any combination thereof.
A structure constructed of rigid materials including, but
not limited to, metal, wood, concrete, plastic, canvas or glass, which
is attached to and supported by a building or by columns, poles or
braces extended to the ground.
A sign which is suspended from, attached to, supported from
or forms a part of a canopy.
The portion of a building, other than a basement, that is
located below ground level.
Written notification that the use or structure complies with
applicable Sections of this Chapter.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
See “billboards” and “off-premises signs.”
A business offering dormitories, cottages, cabin or similar
accommodations, eating facilities, sanitary facilities and recreational
and/or educational facilities to the public at large or any segment
of the public on other than a transient basis. This definition does
not include “trailer camp.”
Facilities intended for banquets, conventions, public events,
performances, indoor leisure time activities including, but not limited
to, bowling alleys, indoor skating rinks, indoor swimming pools and
similar facilities but excluding indoor shooting ranges.
A parking area accessory to a permitted commercial use not
located on the same parcel as the permitted use or a parking area,
not accessory to any use, for which a parking fee may be charged for
the use thereof.
Terms and pricing that are reasonably consistent with similar
wireless facility leases and agreements within a 50 mile radius of
the Township.
The Township Planning Commission.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designated and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking area, and areas set aside for public facilities;
provided, however, common open space may include a golf course containing
at least 18 holes open for the use or enjoyment of the residents of
a planned residential development and/or to the general public on
a commercial basis.
Land amenities, structures, central services and utilities
and other elements of a development project that are owned in common
by multiple residential owners or members of a condominium, homeowners
or property owners association.
Telephone, telegraph, television, radio, computer and electronic
facilities carried on inside a completely enclosed building.
The equipment and structures involved in receiving or transmitting
telecommunication or radio signals, but limited to those facilities
with respect to which the State and Federal governments have not,
under public utility laws, strictly preempted the Township from regulating.
A vehicle with dimensions smaller than or equal to five feet
nine inches in width and 15 feet in length.
A one or two story building (or group of buildings) containing
a collection of several adjacent retail stores, service establishments,
or offices located on only one (or two) parcels of land and are sometimes
referred to as “strip malls” and where long expanses of
blank walls shall be avoided through the use of wall articulation.
Breaking the continuous plane of the wall shall be accomplished by
recessing vertical segments of the wall at several intervals, a course
of brick (or similar masonry material) applied to the exterior walls
at certain junctures in the wall, or changes in the material colors.
A use permitted in a particular zoning district by the Board
of Supervisors pursuant to the provisions of this Chapter and Article
VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601
et seq.
A sign identifying individuals or companies involved in design,
construction, wrecking, financing, or development when placed upon
the premises where work is under construction, but only for the duration
of construction or wrecking.
A campus on which is provided a combination of, (1) independent
living senior housing units for the elderly or disabled, (2) assisted
living facilities, and (3) nursing home or skilled nursing care facilities,
such that residents can transition from one life care setting to another
through all phases depending upon their level of required assistance
with the activities of daily living. Also referred to as “life
care facilities” or “continuing care retirement communities.”
Parcels of land in the same ownership that directly adjoin
one another along one or more major lot lines without being separated
by a public road or railroad line.
A retail store with a floor area of less than 2,500 square
feet that sells groceries, convenience goods such as prepackaged food
items, tobacco, periodicals, and other household goods, and may also
sell gasoline; does not include automotive service stations.
The County of Monroe, Commonwealth of Pennsylvania.
The raising and keeping of field, truck, and tree crops.
For the purposes of this Chapter the term “crop farming”
does not include animal husbandry.
Any establishment other than a dwelling unit or residence,
including any outdoor play area, which provides care for greater than
four children or adults on a regular basis, during a portion of the
day or night, for the purpose of relieving the individual’s
legal guardian of that care and responsibility, for compensation or
other consideration.
Any residential unit, including any outdoor play area, in
which is provided care for four or fewer children or adults (other
than immediate family members) on a regular basis, during a portion
of the day or night, for the purpose of relieving the individual’s
legal guardian of that care and responsibility, whether for compensation
or other consideration or for free. (For differentiation, see definition
of “babysitting.”)
A facility used primarily for or intended to be used primarily
for the housing, operation, and/or co-location of computer and communications
equipment and for handling, storing and backing up the data necessary
for the operation of a business or organizational entity. A data center
generally includes environmental controls (air conditioning, fire
suppression, etc.), redundant/backup power supplies, redundant data
communications connections and high security.
A building used for the continued operation of an off-site
business in the event of a natural or man-made disaster that causes
the interruption of that business. Such facilities may include digital
storage of business documentation, records, and other information.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A building, or portion thereof, designed for and occupied
exclusively for residential purposes, excluding hotel, rooming house,
tourist home, institutional home, guesthouse, residential club, motel,
motor court and the like, but including the following:
A type of multifamily dwelling that involves one dwelling
unit that is attached to two or more dwelling units, and with each
dwelling unit being completely separated from and attached to each
other by vertical common walls.
A building containing three or more individual dwellings
with separate cooking and toilet facilities for each dwelling.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building.
A building designed for and occupied exclusively as a residence
for two families living independently of each other.
One or a group of rooms located within a building and forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, and eating by one family.
An application for modification of an existing wireless communications
facility or base station that involves: (1) collocation of new transmission
equipment; (2) removal of transmission equipment; or (3) replacement
of transmission equipment.
A condition that (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 rights-of-way to be unusable
and result in loss of the services provided.
Facilities operated by public agencies for public safety
and emergency services, including police and/or fire protection, emergency
medical and ambulance service, and related administrative facilities.
Any number of persons living together as a single, permanent
and stable nonprofit housekeeping unit using all of the rooms within
the dwelling and with housekeeping facilities in common and having
such meals as they may eat at home generally prepared and eaten together
with the sharing of food, mortgage, rent, utilities or other household
expenses. The group of individuals must not only function as a family
within that household but, in addition, the composition of the group
must be sufficiently stable and permanent so as not to be fairly characterized
as purely transient.
The seasonal selling or offering at retail of meat, eggs,
dairy, bread, grains, fruits, vegetables or other produce, flowers,
indoor plants, vases, handmade artistic products such as shawls and
quilts, and other products where the vendors are individuals who have
raised or created the products or have taken on retail sale consignment
for them. Any applicable permits for such sales or offerings must
be secured by the vendor.
Federal Communications Commission.
Buildings and uses occupied by Federal, State and County
governmental agencies or operations.
A form of security including a cash deposit, surety bond,
irrevocable letter of credit, cashier's check, or escrow account from
a commonwealth or federal charatered lending institution in the amount
of 110% of the total proposed decommissioning costs and in a form
satisfactory to the Board of Supervisors and the Township Solicitor.
[Added by Ord. No. 249,
3/27/2023]
Shall include any gun (including semi-automatic, automatic,
or bump stock), shotgun, rifle, handgun, pistol, pellet gun, BB gun,
spring gun, crossbow, bow and arrow, slingshot, paint-ball gun, or
any other device that propels an object through the air through the
use of force and is capable of creating any type of injury, destruction,
or damage, however slight.
An occasional or periodic market held in an open area or
structure where goods are offered for sale to the general public by
individual sellers.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel, which are reasonably required
to carry or discharge the floodwater or flood flow of any natural
stream or river.
The stream or river channel and the predominantly level area
abutting the channel of a watercourse which has been inundated or
covered by floodwater, including any areas within the 100-year flood
line as shown on the most recent Flood Insurance Rate Maps prepared
by the Federal Emergency Management Agency for the Township.
That portion of the floodplain located between the 100-year
and 500-year flood elevations as shown on the most recent Flood Insurance
Rate Maps prepared by the Federal Emergency management Agency for
the Township.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar areas used only for storage and the
operation and maintenance of the building.
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.
A group of people formally organized for a common interest
with regular meetings and formal written membership requirements.
See “ground sign.”
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of structure to the public rights-of-way.
A fulfillment center is a part of the supply chain and serves
as the hub for all logistics processes needed to get a product from
the seller to the customer. It handles the entire order fulfillment
process, ranging from order picking and processing to packaging and
shipping. A third-party provider uses the fulfillment center to receive,
process, and fulfill customer orders for e-commerce retailers that
are looking to streamline their operations. A fulfillment center exists
to get online orders to customers in a timely fashion and relieve
e-commerce companies of managing this process. Unlike warehouses that
are more static or inactive, a fulfillment center has continuous movement
and is a much more complex operation which provides a variety of order
fulfillment services, including receiving inventory, generating pick
lists and picking products, kitting and assembling items, packing
boxes, labeling shipments, shipping orders and managing returns. For
example, packages move on a conveyor belt while workers sort small
and large orders and prepare them for shipping with Amazon Delivery
or a third-party company like United Parcel Service.
[Added by Ord. No. 249,
3/27/2023]
Any facility where gaming activities, including casinos,
off-track betting or similar activities, are offered, but excluding
nonprofit fundraising events where various activities such as bingo
are conducted with required permits.
A building or part thereof accessory to a principal building
and providing for the storage of vehicles and in which no occupation
or business for profit is carried on.
A building or part thereof other than a private garage for
the storage of motor vehicles and in which repairs or service station
activities are or may be carried on.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
and visibility.
A horticultural use or operation occurring within a partially
or totally enclosed structure, including but not limited to the sale
of products produced in such structure.
The total floor area for which the tenant pays rent and that
is designed for the tenant’s occupancy and exclusive use. Gross
leasable area is also referred to as GLA and does not include public
or common areas, such as utility rooms, or stairwells.
A sign supported by structures or supports or upon the ground
and attached or dependent for support from any building.
An establishment where a variety of rehabilitative services,
outpatient services, nutritional counseling services, athletic facilities
or health clubs and other related services are provided in a comprehensive
setting.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
An occupation, profession, activity, or use that is clearly
a customary, secondary, and incidental use of a residential dwelling
unit which does not alter the exterior of the property or affect the
residential character of the neighborhood.
A dwelling unit manufactured in two or more sections designed
for permanent occupancy, and transported to a building site in sections
which are fastened together and mounted on a permanent foundation
ready for occupancy except for minor and incidental unpacking and
assembly operations.
A State-licensed facility providing primary health services
and medical or surgical care to persons suffering from illness, disease,
injury, deformity, and other abnormal physical or mental conditions
and including, as an integral part of the institution, related facilities,
such as laboratories, outpatient facilities, training facilities,
and medical offices.
A building or part thereof which has a common entrance, common
heating system, and general dining room, and which contains six or
more living and sleeping rooms designed and used primarily for temporary
occupancy by transients for compensation.
Soils that are saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions that favor
the growth and regeneration of wetlands vegetation. Hydric soils are
classified in the Soil Survey of Monroe County, Pennsylvania, U.S.
Department of Agriculture, Soil Conservation Service, 1981.
A sign in which an artificial source of light is used in
connection with the display of such sign.
A combination of eating, lodging and recreational enterprises
for extended stay vacations on land area of 10 acres or more, but
not including any enterprise where more than 50 lodging accommodations
are provided.
A sign, providing no advertising of any kind, which provides
direction or instruction to guide persons to facilities intended to
serve the public, including, but not specifically limited to, those
signs identifying rest rooms, public telephones, public walkway, parking
areas, and other similar facilities.
Illumination of a sign which is affected by an artificial
source of light, which is contained within the sign itself.
Any discarded material or article including, but not limited
to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, glass, containers, and structures. It shall not
include, however, refuse or garbage kept in a proper container for
the purpose of prompt disposal.
Any lot where junk, as defined above, is stored, disposed
of, or accumulated.
Any facility where more than four dogs or similar domestic
animals over six months of age are kept, boarded or trained, whether
or not commercially operated.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
“Land development” does not include development
which involves:
The conversion of an existing single family detached dwelling
or single family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of building or rides within the confines
of an enterprise which would be considered an amusement park. For
the purposes of this subsection, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the property authorities.
Any production use with no or low environmental impacts carried
on in a completely enclosed building such as, but not limited to,
commercial kitchens, the production and/or assembly of photographic
equipment, precision instruments, ceramic products, electrical or
electronic equipment, components and accessories, electronic or mechanical
measuring instruments and control devices, optical equipment, communication
equipment, computers, instruments, accessories and supplies used in
medical diagnosis or treatment, material recovery facilities or other
recycling facilities. Light manufacturing shall not include what are
commonly known as “CAFOs,” i.e., concentrated animal feed
operations such as chicken farms, turkey farms, pig farms, and similar
animal farms and feeding operations.
Light which is distributed where it is not needed or wanted,
light which falls outside the boundaries of the property on which
the lighting installation is located.
Within a resort lodging may be in multiple-unit or single-unit
buildings and may include kitchen facilities separate from the restaurants
and eating facilities provided at the resort for the public. Lodging
accommodations at a resort shall not have a location-based mail delivery
address separate from that of the resort itself.
An area and/or structure where trucks load and unload goods,
products, materials and other freight on a regular basis, or where
tractor trailers are transferred from one tractor cab to another for
the purpose of continuation to another destination, or where trucks
or tractors or tractor trailers are stored, parked or waiting for
dispatch or where the same may be broken down or aggregated into smaller
or larger loads for transfer to other motor vehicles or modes of transporation
or to other points or junctions.
[Added by Ord. No. 249,
3/27/2023]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The gross horizontal area contained within the property lines
of a lot excluding space within all roads and within all permanent
drainage easements, but including the areas of all other easements.
A lot at the junction of and abutting on two or more intersecting
roads where the interior angle of intersection does not exceed 120º.
A lot abutting a curved road shall be deemed a corner lot if the tangents
to the curve at the points of intersection of the side lot lines with
the road lines intersect at an interior angle of less than 120º.
The percentage of the “lot area” that is occupied
by the “building area.”
Any lot other than a corner lot.
A lot extending between and having frontage on two generally
parallel and opposite roads.
The average horizontal distance between the front and rear
lot lines.
The horizontal distance between the side lot lines, measured
along the building setback line and parallel to the front lot line.
Any boundary of a lot.
Any boundary of a lot which is along an existing or proposed
road right-of-way. Corner lots and through lots shall have two front
lot lines.
Any boundary line of a lot extending between the side lot
lines and generally opposite to the front lot lines.
Any boundary of a lot extending from a road and dividing
separate lots which abut the road.
A facility where building materials such as lumber, plywood,
drywall, paneling, cement blocks and other cement products, and other
building products are stored and sold. Lumberyards may also process
lumber by performing millwork, planing, cutting, and other customizing
processes.
An adjacent development tract that meets the requirements
of this Chapter for a major mixed use development at the time of the
initial submittal of a subdivision or land development plan for the
property, and which may include the subdivision of new lots; provided,
that each new lot continues to comply with the major mixed use development
requirements, unless specifically approved otherwise by the Board
of Supervisors.
The mechanical or chemical transformation of materials or
substances into new products including the assembling of component
parts, the manufacturing of products, and the blending of materials,
such as lubricating oils, plastics, resins, or liquors.
Any production use with no or low environmental impacts carried
on in a completely enclosed building such as, but not limited to,
commercial kitchens, the production and/or assembly of photographic
equipment, precision instruments, ceramic products, electrical or
electronic equipment, components and accessories, electronic or mechanical
measuring instruments and control devices, optical equipment, communication
equipment, computers, instruments, accessories and supplies used in
medical diagnosis or treatment, material recovery facilities or other
recycling facilities. Light manufacturing shall not include what are
commonly known as “CAFOs,” i.e., concentrated animal feed
operations such as chicken farms, turkey farms, pig farms, and similar
animal farms and feeding operations.
A permanent roof-like structure extending from part of the
wall of a building, but not supported by the ground and constructed
of durable material such as metal or glass.
A material or product such as stone, brick or cement block.
A plan submitted by the owner or owners of multiple properties
or uses, under conditional use procedures, to allow pre-approval of
all future signage on such properties. A master signage plan shall
specify the materials, location, dimensions, type, design and number
of all signs to be erected on the property now or in the future. Such
plans shall be prepared by a landscape architect, architect, sign
designer, engineer or other qualified professional. These plans shall
be adopted by the property owners, who shall agree that all signs
to be constructed by them or any of their tenants or occupants now
or in the future shall comply with the standards therein. A master
signage plan may be submitted for multiple properties provided they
are contiguous. A master signage plan may also be required by the
Township in those instances where multiple commercial uses are proposed
on a single property.
Includes the following uses defined herein: “ambulatory
surgical center,” “assisted living facility,” “athletic
facility or health club,” “continuing care facilities,”
“health and wellness center,” “hospital,”
“medical center,” “medical office,” “medical
residential campus,” “nursing home or skilled nursing
facility,” “rehabilitation facilities,” “residential
drug, alcohol and/or substance abuse treatment facility,” and
“specialty hospital.”
A campus or large building where medical offices, outpatient
facilities, and other associated medical and health care services
are located. A medical center does not include a hospital or specialty
hospital use.
A building which contains professionals who dispense health
services and provide testing where patients are admitted for examination
and treatment on an outpatient basis.
A principal use whereby a comprehensive medical and residential
environment serves persons of all ages possessing some ailment or
disability. Medical residential campuses also offer a variety of residential
dwelling types determined by the occupants’ respective needs
for some level of nursing and/or medical care.
An association of persons which is the owner, lessee or occupant
of an establishment operated solely for a recreational, social, fraternal,
religious, political or athletic purpose whose activities are confined
to the members and guests, are not extended to the general public,
and include the establishment so operated; but does not include such
clubs and camps the chief activity of which is a service customarily
carried on primarily for business or gain.
A floor level open to the floor below. A floor level shall
be considered a story when it exceeds 1/3 of the area of the floor
it is open. Any space enclosed with floor to ceiling partitions shall
be considered a story except for toilet facilities and incidental
rooms which are not occupied.
A building designed to encourage a diversity of compatible
land uses, which include a mixture of two or more of the following
uses: residential, institutional, civic, office, commercial, or retail
use and where long expanses of blank walls shall be avoided through
the use of wall articulation. Breaking the continuous plane of the
wall shall be accomplished by recessing vertical segments of the wall
at several intervals, a course of brick (or similar masonry material)
applied to the exterior walls at certain junctures in the wall, or
changes in the material colors.
A transportable, single family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that is 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 which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
A building, or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access, designed and used primarily for temporary occupancy
by transients for compensation. The term “motel” includes
buildings designed as tourist courts, motor lodges, auto courts, and
other similar appellations, but shall not be construed to include
mobile homes or travel trailers.
A sign which revolves, rotates, swings, undulates, or otherwise
attracts attention through the movement of parts or through the impression
of movement, including automatic, electrically controlled copy changes,
but not including flags, banners, or pennants.
A body politic and corporate created pursuant to the Act
of May 2, 1945, (P.L. 382, No. 164), known as the “Municipalities
Authority Act of 1945.”
A property, structure or use owned or occupied and by Smithfield
Township. Such use shall include but not be limited to municipal administration
buildings, police barracks, libraries, parks and recreational facilities,
and parking lots or structures or road maintenance facilities.
Includes cities, boroughs, first class townships and second
class townships.
Illumination affected by a light source consisting of a neon
or other gas tube which is bent to form letters, symbols, or other
shapes.
A unit of illuminative brightness equal to one candle per
square meter, measured perpendicular to the rays of the source.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the primary use
as a residential dwelling unit and which involves no customer, client
or patient traffic, whether vehicular or pedestrian, pickup, delivery
or removal functions to or from the premises, in excess of those normally
associated with residential use. The business or commercial activity
must satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling unit.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
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.
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.
The business activity shall be conducted only within the dwelling
unit and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
All non-tower wireless communications facilities, including
but not limited to, antennas and related equipment. Non-tower WCF
shall not include support structures for antennas and related equipment.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this Chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A use, whether of land or of structure, which 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 amendment, or prior to the application
of this Chapter or amendment to its location by reason of annexation.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
Chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this Chapter or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation. Such nonconforming structures include,
but are not limited to, nonconforming signs.
Any enclosed or semi-enclosed structure other than a single-family,
two family or multi-family dwelling including, but not limited to,
commercial structures, hotels, parking decks and similar buildings.
An operation for the cultivating, harvesting, and sale of
plants, bushes, trees, and other nursery items grown on site and related
accessory sales and uses.
A licensed institution or facility in which full-time skilled
nursing care and related medical or other health services are provided
for a period exceeding 24 hours, for two or more individuals, who
are not relatives of the administrator, who are not acutely ill and
not in need of hospitalization, but who, because of age, illness,
disease, injury, convalescence or physical or medical infirmity, are
unable to care for themselves. No care for the acutely ill or surgical
or obstetrical services shall be provided in such a facility.
See “billboard.”
A use or building primarily for conducting the affairs of
a business, profession, service, industry or government or like activity,
and may include ancillary services for office workers such as a coffee,
newspaper or candy stand or day care center so long as they are for
the use of persons employed by or conducting business within that
facility.
The map established by the Township Board of Supervisors
under Article IV of the Pennsylvania Municipalities Planning Code
showing the location and width of roads, highways, parkways, public
parks, and playgrounds.
The map established by the Township Board of Supervisors
designating the location and boundaries of the zoning districts established.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
Commercial facilities intended for outdoor leisure time activities
including, but not limited to, swimming clubs, golf courses, tennis
clubs, archery ranges and similar uses, but excluding outdoor movie
theaters and outdoor shooting ranges. This shall not include public
or private community recreational facilities operated on a nonprofit
basis.
An establishment where boats, recreational vehicles and other
operable equipment is stored for rent on a seasonal or temporary basis
not to exceed eight months, not including junkyards, automotive sales
or other equipment sales.
The condition when the brightness exceeds what is needed
or recommended.
The manufacture of paper and paperboard, from both raw and
recycled materials, and their conversion into products.
An open space used for the storage or parking of motor vehicles
exclusively, with or without compensation, and in which no other business
is conducted.
Parking designated for employee’s, not included in
the required number of parking spaces as specified in Schedule II.
Parking area in addition to the required number of parking
spaces as specified in Schedule II.
Parking area where vehicles may stay for periods greater
than 12 hours.
A space or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
A sign that directs attention to a business or profession
conducted, or to a commodity or service sold, offered, or manufactured,
or to an entertainment offered on the premises where the sign is located.
A pedestrian travelway that is constructed of compacted crushed
stone, concrete or bituminous surfaces and that is designed to provide
connections between various pans of a development. A pathway may or
may not also be designed to accommodate bicycle travel and motorized
wheelchairs, but shall not allow use by motor vehicles. A pathway
that is required by Township ordinances shall include a pedestrian
easement if it is not located within a street right-of-way.
A surfaced area or courtyard or a deck less than one foot
above ground elevation designed for outdoor living purposes as an
accessory use to a structure, which shall be completely unenclosed
except for any side which may adjoin a structure or for any fences
or walls three feet or less in height, or shrubs or hedges. Outdoor
areas which are screened or enclosed by a roof or awning shall be
considered to be a structure.
A structure built above a roof. The use is limited to the
housing of machinery, mechanical equipment, and stairways. A penthouse
shall not be construed as being a story.
Any security which may be accepted by the Township in lieu
of a requirement that certain improvements be made by the subdivider
before the plat is approved including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
A use which provides an individual service generally related
to personal needs such as beauty and barber shops, laundromats or
dry cleaners, tanning salons, tattoo parlors, travel agencies, and
similar type uses. Such use does not include medically related services.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided, that person does not include
or apply to the Township or to any department or agency of the Township.
A church, synagogue, temple, mosque, or other facility that
is used for prayer or worship by persons of similar beliefs. Parish
houses, parsonages or other housing for members of the clergy are
permitted as an ancillary use when clearly secondary to the use of
the property as a place of worship.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this Chapter.
A Planning Commission, Planning Department, or a Planning
Committee of the Board of Supervisors.
The map or plan of a subdivision or land development, whether
preliminary or final.
Any freestanding structure located within the public rights-of-way,
including but not limited to utility poles, street lights, traffic
lights and signage that may support, hold, or house wireless communications
facilities, wireless accessory equipment, or related equipment.
A structure or part of a structure which is enclosed on one
or more sides by a fence or wall over three feet high or by a roof
or awning or a structure which would otherwise be classified as a
patio or deck except that it is one foot or more above the ground
elevation.
A sign that directs attention to a business, profession,
activity, commodity, service, product price, or entertainment conducted,
sold, or offered upon the premises where such sign is located or within
the building to which such sign is affixed.
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the Township.
An active, registered professional engineer (P.E.), licensed
as such by the Commonwealth of Pennsylvania.
The office of a member of a recognized profession. When conducted
in a residential district, a professional office shall be incidental
to the residential occupation, shall be conducted by a member of the
residential family entirely within the dwelling, and shall include
only the offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, professional engineers,
lawyers, artists, authors, musicians and other recognized professional
occupations. The issuance of a State or local license for regulation
of any gainful occupation need not be deemed indicative of professional
standing.
A sign which is affixed to a building or wall and extends
beyond the line of such building or wall or beyond the surface of
that portion of the building or wall to which it is affixed by more
than 16 inches.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this Chapter.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the “Sunshine Act,”
53 P.S. § 271 et seq.
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.
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
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
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township.
The phrase “in the public right(s)-of-way” means in, on,
over, along, above and/or under the public right(s)-of-way.
A building or structure and its equipment used for the transmission
and exchange of telephone, radio, gas, power, sewer and water facilities.
Any natural or excavated opening in the ground from which
clay, gravel, slate, limestone, sandstone or other rocks or minerals
or material are obtained by stripping, digging, blasting or other
means, except for anthracite or bituminous coal stripping. “Blasting”
shall mean the explosion of dynamite, black powder, fuse, blasting
cap, detonators, electric squibs or other explosives as defined in
the Regulation for Pits and Quarries, 1959 Edition, issued by the
Commonwealth of Pennsylvania through the Department of Labor and Industry,
as amended.
A sign which is used to offer for sale, lease, or rent that
premises upon which such sign is placed.
Leisure time activities, usually of a more formal nature
and performed with others, often requiring equipment and taking place
at prescribed places, sites or fields.
A place designed and equipped for conducting sports, leisure-time
activities of a formal nature and other customary and usual recreational
activities.
Any leisure time activity not considered active.
See “trailer camp.”
A lot or land or part thereof used primarily for disposal
by sanitary land fill, burial, incineration or any other legal means
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof, or waste material of any kind.
One or more commercial establishments planned, constructed,
and managed as a total entity containing at least 150,000 square feet
of gross leasable space with provision for goods delivery separated
from customer access and with customer and employee parking provided
on a contiguous site situate in the C-1 Zoning District containing
at least 25 acres and located not more than 1/2 mile (measured in
a linear distance) from the right-of-way of an Interstate Highway
or not more than 1/2 mile from the end of a Federal Highway Administration
approved exit ramp from an Interstate Highway.
A licensed establishment which is a combination of temporary
housing, medically supervised subacute care, personal supportive services
and counseling for individuals of all ages with twenty-four-hour supervision
whose primary purpose is the rehabilitation of persons for drug, alcohol,
substance abuse or mental health issues. Such services may include,
inter alia, medical care by physicians or physician or nurse assistants,
prescribing medication, skilled or unskilled nursing case, drug, alcohol
and substance abuse rehabilitation, physical therapy, occupational
therapy, speech pathology services, counseling, assistance to emotionally
and mentally disturbed persons and halfway houses for prison parolees
and juveniles. This definition shall also include what is called a
"residential drug, alcohol and/or substance abuse treatment facility.
[Amended by Ord. No. 247, 1/10/2024]
Establishments primarily engaged in the provision of repair
services to individuals and households, rather than businesses, but
excluding automotive and equipment repair use types. Typical uses
include appliance repair shops, shoe repair, watch or jewelry repair
shops, or repair of musical instruments.
The replacement of existing wireless communications 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
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rending
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A facility to be used for (1) scientific, educational, genetic,
biomedical, biologic, and/or medical research and development; (2)
medical diagnostic testing; (3) creating, breeding or otherwise producing
biologic organisms or materials for use in scientific, genetic, medical,
biomedical, and/or educational research and testing; and (4) other
investigations and research in the natural, physical, or social sciences.
Up to 25% of the gross floor area in the primary structure of the
research facility may be used for a pilot plant or demonstration purposes.
The transformation of a single-family unit into apartments
without disturbing the architectural character of the house.
Facilities in which a combination of temporary housing, medically
supervised subacute care, personal supportive services and counseling
for individuals of all ages seeking rehabilitation for drug, alcohol
and substance abuse reasons. Such facilities may include services
for individuals requiring temporary skilled nursing services but will
also include services focusing on mental health therapy.
A business combining lodging accommodations for public guests,
eating and recreation facilities for lodging guests and nonlodging
guests as a single enterprise offered to the public at large or any
segment thereof. Amenities may include conference centers, retail
sales, spas, beauty salons, barber shops, restaurants, indoor and
outdoor recreational facilities, health centers, day care centers,
facilities for commercial special events, and employee living quarters.
The selling of goods, wares, or merchandise directly to the
consumer or persons without a resale license.
A facility which has a primary purpose of providing housing
and care for persons 55 years of age and older or, where a unit has
shared occupancy, at least one person is at least 55 years of age,
and includes a combination of at least two of the following uses:
senior housing, nursing home or skilled nursing facility, assisted
living facility, and/or customary accessory uses.
Refer to Township Subdivision Ordinance [Chapter 22].
Refer to Township Subdivision Ordinance [Chapter 22].
Refer to Township Subdivision Ordinance [Chapter 22].
A sign in whole or in part upon, against, or directly above
the parapet line or roof of the building.
A dwelling in which the owner or tenant rents at least one
but not more than six rooms, but does not furnish meals.
See “hospital.”
Independent living dwelling projects restricted to occupancy
by persons living in households headed by individuals of 55 years
or more in age, including non-medical supportive services and meals
offered for purchase on an as needed or as desired basis.
Building and lots where gasoline, oil, grease, batteries,
tires, and automobile accessories may be supplied and dispensed at
retail. Uses permissible at a service station do not include major
mechanical and body work, straightening of body parts, painting, welding,
storage of automobiles not in operating condition, or other work involving
noise, glare, fumes, smoke, or other characteristics to an extent
greater than normally found in filling stations. A service station
is not a major repair garage nor a body shop.
A distance measured from a property lot line, or road right-of-way
where the lot line extends to the center of a road, inward.
A line parallel to the front lot line at a distance therefrom
equal to the depth of the minimum front yard required under the Schedule
of District Regulations for the applicable zoning district.
A line parallel to the side lot line at a distance therefrom
equal to the depth of the minimum side yard required under the Schedule
of District Regulations for the applicable zoning district.
A line parallel to the rear lot line at a distance from the
rear lot line equal to the depth of the minimum rear yard required
under the Schedule of District Regulations for the applicable zoning
district.
The use of land for archery and/or the discharging of firearms
for the purposes of target practice, skeet and trap shooting, or temporary
competitions.
A group of retail and other commercial establishments that
is planned, owned, and managed as a single property.
An in-patient or out-patient elective surgery and/or medical
or dental treatment facility, not providing emergency trauma cares
services, and having not more than 10 beds for in-patient care, at
which the average length of in-patient stay does not exceed 96 consecutive
hours. Moreover, this facility will not house the criminally insane;
it will not be a drug, alcohol or substance abuse rehabilitation center
or “halfway house”; and, it will not provide treatment
to a person serving a criminal sentence after being convicted of a
felony.
A dwelling in which the owner rents any area of the dwelling
to one (or more) individuals for compensation or fee of any type (whether
or not involving overnight accommodations or separate sleeping quarters)
for less than 30 consecutive days. This definition applies to all
types of residential dwellings including (but not limited to) single-family
residential, multi-family residential and residential properties commonly
considered as seasonal homes, vacation homes or tourist homes.
Any identification, description, illustration, advertisement,
or device illuminated or non-illuminated which is visible to the general
public and directs attention to a product, service, place, activity,
person, institution, business or solicitation, including any permanently
installed or situated merchandise; or any emblem, painting, flag,
banner, pennant, or placard designed to advertise, identify, or convey
information.
The area of sign face; computed by means of the smallest
square, circle, rectangle, triangle, or combination thereof that will
encompass the extreme limits of the writing, representation, emblem,
or other display; together with any material or color forming an integral
part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but
not including any supporting framework, bracing, or decorative fence
or wall otherwise meeting zoning requirements incidental to the display
itself. Sign area for a sign or sign structure with more than one
face shall be computed by adding together the area of all sign faces
visible from any one point.
A triangular-shaped portion of land established at street
intersections in which nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to limit or obstruct the sight
distance of motorists entering or leaving the intersection.
Light that is unnecessarily directed upward and is scattered
by the atmosphere, rather than being focused directly on the target
area.
Land areas having a grade of between 15% and 25% as measured
over a distance having a minimum change in vertical elevation of 10
feet based on topographic mapping.
Land areas having a grade of 25% or greater as measured over
a distance having a minimum change in vertical elevation of 10 feet
based on topographic mapping.
A wireless communications facility that meets the following
criteria:
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
The facilities do not require antenna structure registration
under 47 CFR Part 17; and
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
A scientific survey of soil conditions and characteristics,
prepared by an engineer or soil scientist and approved or certified
by the Soil Conservation Service in the County.
A system of a group of solar panels connected together.
[Added by Ord. No. 249,
3/27/2023]
The low-voltage electric lines which connect solar-related
equipment.
[Added by Ord. No. 249,
3/27/2023]
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 by Ord. No. 249,
3/27/2023]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added by Ord. No. 249,
3/27/2023]
An area of land used for a solar collection 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. Principal solar energy systems consist 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.
[Added by Ord. No. 249,
3/27/2023]
A grouping of two or more solar energy facilities which are
held by an owner or leased to a common lessor and which are part of
a single solar energy production development project.
[Added by Ord. No. 249,
3/27/2023]
The individual, group or entity responsible for the permitting,
construction and operation of a solar energy facility or solar energy
project (may be abbreviated as "SEF developer," "SEP developer," or
"SEP owner").
[Added by Ord. No. 249,
3/27/2023]
The high-voltage electric conveyance lines which connect
a solar energy facility to the solar project connection.
[Added by Ord. No. 249,
3/27/2023]
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 by Ord. No. 249,
3/27/2023]
The electric conveyance lines which connect a solar energy
facility to the high-voltage electric interconnection grid.
[Added by Ord. No. 249,
3/27/2023]
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 by Ord. No. 249,
3/27/2023]
A use permitted in a particular zoning district pursuant
to the provisions of this Chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.,
10901 et seq.
A hospital that is primarily or exclusively engaged in the
care and treatment of patients with a cardiac condition, orthopedic
condition, a condition requiring a surgical procedure and any other
specialized category of services designated by the Secretary of Health
and Human Services. Specialty hospitals are not required to provide
the following: surgical services; anesthesia services; nuclear medicine
services; outpatient services; rehabilitation services; psychiatric
services; obstetrical and newborn services; pediatric services or
emergency services.
A structure or land use in or on which equines are kept for
sale or hire to the public. Breeding, boarding, or training of equines
may also be conducted.
Camouflaging methods applied to wireless communications 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, and light poles.
The portion of a building which is between one floor level
and the next higher floor level or roof. If a mezzanine or balcony
floor area exceeds 1/3 of the area of the floor it is open to, it
shall be considered a story. Floor levels meeting the definition of
“basement,” shall not be considered stories.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story; provided, however, that
any partial story used for residential purposes, other than for a
janitor or caretaker and his family, shall be deemed a full story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any change in the supporting members of a building, such
as beams, columns, or girders.
Refer to Township Subdivision Ordinance [Chapter 22].
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future of lease, 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.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
For communication towers outside the public rights-of-way, it
increases the height of the facility by more than 10%, or by the height
of one additional antenna array with separation from the nearest existing
antenna, not to exceed 20 feet, whichever is greater; for communications
towers in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those communications towers in the public
rights-of-way, it protrudes from the edge of the structure by more
than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
Where in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this Chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
The Township Board of Supervisors.
A specialized instructional establishment owned and operated
privately for profit.
An unmanned building or cabinet containing communications
equipment required for the operation of telecommunications antennas
and covering an area on the ground not greater than 250 square feet.
A tract or parcel of land that contains a telecommunications
antenna as the principal use, its support structure, accessory building(s),
and parking, and may include other uses associated with and ancillary
to telecommunications signal transmission or processing.
A non-permanent sign erected, affixed, or maintained on a
premises for a short, usually fixed, period of time.
Mutual ownership of real estate for lawful purposes by more
than one party with the understanding that the occupancy will be proportionately
divided among the investors.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting a wireless signal.
A tower and its supporting antennas, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. Distributed
antenna system hub facilities are considered to be tower-based WCFs.
The Township of Smithfield, Monroe County, Commonwealth of
Pennsylvania.
A Comprehensive Plan prepared by the Township Planning Commission
pursuant to Article III of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10301 et seq., which indicates the general
locations recommended for the various functional classes of public
works, places and structures and for the general physical development
of the Township, and includes any unit or part of such plan separately
adopted and any amendment to such plan or part thereof.
Any lot, parcel or tract of land at least 10 acres in size,
upon which two or more tents, camping trailers, travel trailers, pickup
coaches, motor homes or any combination thereof are located or parked
for occupancy. Such camp shall not rent or sell tents or trailers
or permit the parking or storage of occupied or unoccupied mobile
homes, nor shall it include any eating facilities other than an enclosed
snack or lunch counter. This definition does not include camps of
the types that are commonly known as “summer camps,” or
State and Federally operated facilities.
Not lasting, enduring or permanent; transitory and lasting
only a short time.
Businesses that are “pop-up” stores (such as
Christmas tree and flower tents, holiday ornaments, seasonal clothing
and wares), food trucks and portable commercial businesses such as
food prep kitchens (commonly called “ghost kitchens”).
These businesses may only be located on private property and only
with the written consent of the property owner. Access to the business
must be by an approved driveway entrance with either a valid and existing
Township or PennDOT highway occupancy permit. Toilet facilities are
not required. A sufficient number of off-street parking is required
based upon a best estimate of expected customer usage but such parking
cannot block or otherwise obstruct adjacent rights-of-way, alleys,
roads or streets.
Refer to Township Subdivision Ordinance [Chapter 22].
A facility, structure, establishment, business, or location,
designed, planned, used or operated for the storage, fueling, servicing,
repairing, cleaning and maintenance of motor vehicles designed for
carrying freight or merchandise including “commercial motor
vehicles,” “tractors,” “trailers,” “truck
tractors,” as defined in the Vehicle Code of the Commonwealth
of Pennsylvania, Act of June 17, 1976, P.L. 162, No. 81, as amended,
75 Pa.C.S.A. § 101 et seq., except the same shall not include
the storage, fueling, servicing, repairing, cleaning and maintenance
of school busses under contract with or owned by any school district,
private school or parochial school in the Commonwealth of Pennsylvania
and used for the transportation of school children. The term “truck
terminal” shall not include a motor vehicle service facility
commonly known as a service station or gas station having a building
or service station of not more than 5,000 square feet, excluding canopies,
dispensing or selling gasoline or diesel fuel from not more than four
islands consisting of not more than three dual pumps per each island,
and having on-site storage facilities for gasoline of not more than
40,000 gallons and of diesel fuel of not more than 20,000 gallons.
The purpose for which land or a building is arranged, or
intended or for which either land or a building is or may be occupied
or maintained.
Relief granted pursuant to the provisions of this Chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, and that does not project
more than 12 inches from such building or structure.
A building or structure used for the indoor storage, transfer
and distribution of products, supplies, goods, equipment and materials
that have been manufactured, assembled or harvested or are being stored
for manufacture, assembly or processing. It is primarily used for
the loading and unloading and indoor storage of products and materials.
This term shall not include a "truck terminal," "wholesale establishment,"
"logistics distribution center and/or depot" or a "fulfillment center."
[Amended by Ord. No. 249, 3/27/2023]
A sign containing no advertising material, warning the public
of the existence of danger.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
Those areas that are inundated and 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.
That area which extends 75 feet from the wetland boundary
or to the limit of the hydric soils, whichever is greater.
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers or to industrial,
commercial, institutional or professional or other business users
or to other wholesalers.
[Added by Ord. No. 249,
3/27/2023]
An area maintained in a natural state for the preservation
of both animal and plant life.
A sign attached to, placed upon, or painted on the interior
of a window or door of a building which is intended for viewing from
the exterior of such building.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
ROW or other Township owned land or property.
An open space extending the full width of the lot between
the principal building and the front lot line, or the principal building
and the road right-of-way where lot lines extend to the center of
a road.
An open space extending the full width of the lot between
the principal building and the rear lot line.
An open space extending from the front yard to the rear yard
between the principal building and the nearest side lot line.
The Township Supervisors’ duly appointed agent empowered,
authorized or charged with the duty to inspect buildings or to enforce
zoning and other regulations relating to building and property.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
