For the purposes of this chapter, words and terms used herein shall be interpreted as follows:
A. 
Words in the present tense shall include the future tense.
B. 
"Used" or "occupied" as applied to any land or building include the words "intended, arranged, or designed to be used or occupied."
C. 
"Should" means that it is strongly encouraged but is not mandatory. "Shall" is always mandatory.
D. 
"Sale" shall also include rental.
E. 
Unless stated otherwise, the singular shall also regulate the plural, and the masculine shall include the feminine, and vice versa.
F. 
If a word or term is not defined by this chapter, but is defined in the Subdivision and Land Development Ordinance (SALDO),[1] then the SALDO definition shall apply. If a word or term is not defined in this chapter nor the SALDO, then the word or term shall have its plain and ordinary meaning within the context of the section. In such case, in case of a dispute, a standard reference dictionary shall be consulted.
[1]
Editor's Note: See Ch. 175, Subdivision and Land Development.
G. 
The words "such as," "includes," "including" and "specifically" shall provide examples. These examples shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.
H. 
The word "person" includes a firm, company, corporation, partnership, trust, organization or association, as well as an individual.
When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUT or ABUTTING
Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of "adjacent."
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth pursuant to the Act.[1]
[Added 4-20-2017 by Ord. No. 349]
ACCESSORY APARTMENT
One dwelling unit that is created within part of a single-family detached dwelling or above a vehicle garage on a residential lot.
ACCESSORY BUILDING
An accessory structure that meets the definition of a "building."
ACCESSORY STRUCTURE (includes ACCESSORY BUILDING)
A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. Accessory structures include but are not limited to a household garage, household storage shed, detached carport, a household swimming pool, or an accessory storage building to a building use. An "accessory building" is any accessory structure that meets the definition of a "building." A portion of a principal building used for an accessory use shall not be considered an accessory building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use.
ADJACENT
Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BOOKSTORE
A use that has over 10% of the total floor area occupied by items for sale or rent that are books, films, magazines, videotapes, coin- or token-operated films or videotapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law. If such items are within a separate room, then the ten-percent standard shall apply to the floor area of such room.
ADULT ENTERTAINMENT USE or ADULT USE
Adult bookstore, adult movie theater, adult live entertainment facility/use or massage parlor. These terms shall be distinct types of uses, and shall not be allowed as part of any other use.
ADULT LIVE ENTERTAINMENT FACILITY
A use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual specified sexual activities to three or more persons and which is related to monetary compensation paid to the person or entity operating the use or to persons involved in such activity.
ADULT MOVIE THEATER
A use involving the on-site presentation to three or more persons at one time of moving images distinguished by an emphasis on depiction of "specified sexual activities" and that is related to monetary compensation paid by the persons viewing such matter.
AFTER-HOURS CLUB
A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
AGRICULTURAL SOILS, PRIME
Soils classified by the United States Natural Resources Conservation Service within agricultural capability Classes 1, 2, or 3.
AGRICULTURE and INTENSIVE AGRICULTURE
See definitions of "livestock or poultry, raising of" and definitions for the various agricultural uses in § 200-28A.
AIRPORT
An area and related support facilities used for the landing and takeoff of motorized aircraft that carry people.
ALLUVIAL SOIL
Soils classified by the United States Natural Resources Conservation Service as being alluvial or otherwise subject to periodic flooding.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location to another.
ANIMAL CEMETERY
A place used for the burial of the remains of five or more noncremated animals, other than customary burial of farm animals as accessory to a livestock use.
ANTENNA
An exterior device or apparatus designed for cellular, digital, telephone, radio, pager, commercial mobile radio, television, microwave or any other wireless communications through sending and/or receiving of electromagnetic waves, including without limitations, omnidirectional or whip antennas and directional or panel antennas. Unless otherwise stated, this term shall not include "standard antenna."
ANTENNA HEIGHT
The vertical distance from the base of the antenna support structure at grade to the highest point of the structure, including any antennas attached thereto or forming a part thereof. 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.
ANTENNA, STANDARD
A device, partially or wholly exterior to a building, that is used for receiving television or radio signals for use on site, or for transmitting amateur "ham" radio or citizens band radio signals. See also "commercial communications antenna."
APARTMENT
See "dwelling types."
APPLICANT
The definition in the State Municipalities Planning Code, as amended,[2] shall apply.
AREA
See definitions of "base site area," "building area," "floor area" and "sign area."
ASSISTED LIVING RESIDENCE
Any premises licensed by the commonwealth in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency, or medication prescribed for self-administration.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in Article V, Use Regulations.
[Amended 1-21-2016 by Ord. No. 338]
AUTOMOTIVE OR AUTO REPAIR GARAGE
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in Article V, Use Regulations.
[Amended 1-21-2016 by Ord. No. 338]
AUTO SERVICE STATION or GAS STATION
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in Article V, Use Regulations.
[Amended 1-21-2016 by Ord. No. 338]
BASEMENT
An enclosed level of a building that is not a story and that is partly or completely underground.
BASE SITE AREA
The total area of a lot or tract of land minus the area devoted to ultimate right-of-way or restrictive easements and minus the area cut from the parcel by streets or other parcels and minus the area covered by previous subdivisions, as calculated under § 200-31.
BED-AND-BREAKFAST INN
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in Article V, Use Regulations, for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in Article V, Use Regulations.
[Amended 1-21-2016 by Ord. No. 338]
BETTING USE
A place used for lawful gambling activities, including but not limited to off-track pari-mutuel betting and any use of electronic gambling devices. This term shall not regulate state lottery sales or lawful small games of chance.
BILLBOARD
A type of off-premises sign. See Article VIII.
BOARDER or ROOMER
A person inhabiting a residence who does not meet the definition of being part of a family and who pays monetary compensation for the residence.
BOARDINGHOUSE (includes ROOMING HOUSE)
A. 
A residential use in which:
(1) 
Room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or
(2) 
A dwelling unit includes greater than the permitted maximum number of unrelated persons.
B. 
A boardinghouse shall not include a use that meets the definition of a "hotel," "dormitory," "motel," "life care center," "personal care center," "bed-and-breakfast inn," "group home" or "nursing home."
C. 
A college fraternity or sorority house used as a residence shall be considered a type of boardinghouse.
D. 
A boardinghouse may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant.
E. 
A boardinghouse shall primarily serve persons residing on site for five or more consecutive days.
BUFFER YARD
A strip of land that separates one use from another use or feature, and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 200-38, Buffer yards and landscaping.
[Amended 1-21-2016 by Ord. No. 338]
BUILDING
Any structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under the roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.
BUILDING AREA
The total of all land areas enclosed within principal and accessory buildings on a lot, measured across a horizontal plane at the grade level, and not including unenclosed porches, decks and stoops.
BUILDING COVERAGE
The percentage obtained by dividing the total horizontal area covered by all buildings on a lot by the total lot area of a lot. For the purposes of this definition, building coverage shall include all buildings that are under a roof.
BUILDING HEIGHT
The vertical distance from the average of the finished ground level adjoining a building at all exterior walls to the average height of the highest roof surface. The finished ground level shall not slope away from a building wall in such a manner that it is not possible to position a ladder for fire rescue.
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a lot, and which is not an accessory building.
BUILDING WIDTH
The horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a junkyard.
CAMP
An area that includes facilities and structures for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or transient visitors to the area. This term shall only include facilities that are primarily used during warmer months, and which have a maximum impervious coverage of 5%. This term shall not include a recreational vehicle campground.
CAMPGROUND
A development under single ownership of the land with sites being rented, leased or sold through time-share for use for tents or recreational vehicle sites for transient visitors to the area, and which may include associated recreational facilities.
CAMPGROUND, RECREATIONAL VEHICLE
A type of campground that involves persons temporarily living within recreational vehicles.
CARBONATE GEOLOGY
A geologic formation consisting of limestone and dolomite bedrock.
CAREGIVER
The individual designated by a patient to deliver medical marijuana.
[Added 4-20-2017 by Ord. No. 349]
CAVERN
A subterranean cavity or cave produced by dissolution of limestone and dolomite.
CEMETERY
A place used for the burial of two or more noncremated humans.
CERTIFIED MEDICAL USE
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth pursuant to the Act.[3]
[Added 4-20-2017 by Ord. No. 349]
CHAPTER, THIS
This Chapter 200, Zoning, of the Codified Ordinances of Forks Township.
CHRISTMAS TREE FARM or TREE FARM
A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale during November and December of trees that were produced on the premises.
CHURCH
See "place of worship."
CLEAR CUTTING
A logging method that removes all trees or the vast majority of trees from a mostly wooded area.
CLINICAL REGISTRANT
An entity that:
[Added 4-20-2017 by Ord. No. 349]
A. 
Holds a permit both as a grower/processor and a dispensary pursuant to the Act;[4] and
B. 
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
CLOSED DEPRESSION
Remnants of sinkholes that are partially filled with soil by erosion and settlement of the sinkhole walls, generally found in areas of carbonate geologic formations.
CLUSTER DEVELOPMENT
An optional type of residential development that involves the permanent preservation of preserved open space, and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to retransmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antennas. See standards in Article V. This term shall not include a standard antenna.
A. 
LATTICE TOWERA commercial communications tower that is guyed or self-supporting with an open steel-frame structure.
B. 
MONOPOLE TOWERA commercial communications tower that involves a single shaft as its structural support.
COMMERCIAL DISTRICT
The TC, HC and RC Districts.
COMMERCIAL USE
This term includes, but is not limited to, retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.
COMMONWEALTH
The Commonwealth of Pennsylvania.
[Added 4-20-2017 by Ord. No. 349]
COMMUNITY CENTER
A use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise-producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a treatment center.
COMPREHENSIVE PLAN
The latest adopted Comprehensive Plan of Forks Township, as amended.
CONDITIONAL USE
A use listed as a conditional use under Article IV, District Regulations, which is only allowed after review by the Township Planning Commission and approval by the Board of Supervisors, under Article IX.
[Amended 1-21-2016 by Ord. No. 338]
CONDOMINIUM
A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980[5] or Uniform Planned Community Act of 1996, as amended.[6]
CONSERVATION EASEMENT
A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land.
CONTIGUOUS LOTS
Adjacent parcels of land, including parcels separated by a stream or road.
CONTINUING CARE FACILITY
Any residential facility designed to house persons over the age of 65 or persons with disabilities whose health requires that special services and support be available on site, which residential facility adjoins or has access to the services of an affiliated "nursing home," as herein defined, in addition to the on-site services provided to residents. A continuing care facility shall be comprised of two or more of the following premises all of which are licensed by the commonwealth: nursing home, assisted living residence, personal care home, and independent living facility.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 7,000 square feet. A convenience store involving the sale of gasoline shall be regulated as an auto service station.
CONVENTIONAL DEVELOPMENT
Development that is not approved under the open space development provisions of this chapter. (NOTE: This type of development typically does not involve the preservation of significant open space.)
CRAFTS OR ARTISAN'S STUDIO
A use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a home occupation, provided the requirements for such use are met.
CROP FARMING
The raising of products of the soil and accessory storage of these products. This term shall include orchards, tree farms, wineries, plant nurseries, raising of fish, greenhouses and keeping of animals in numbers that are routinely accessory and incidental to a principal crop farming use. See also "livestock, raising of."
CURATIVE AMENDMENT
A process provided in the State Municipalities Planning Code[7] that authorizes certain types of challenges to a zoning ordinance.
DAY-CARE CENTER, ADULT
A use providing supervised care and assistance to persons who need such daily assistance because of their old age or disabilities. This use shall not include persons who need oversight because of behavior that is criminal, violent or related to substance abuse. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
DAY CARE, CHILD
A. 
A use involving the supervised care of children under age 16 outside of the children's own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school or Head Start programs. See also the definition of "adult day-care center."
B. 
The following three types of day care are permitted without regulation by this chapter:
(1) 
Care of children by their own relatives;
(2) 
Care of children within a place of worship during regularly scheduled religious services; and
(3) 
Care of one to three children within any dwelling unit, in addition to children who are relatives of the caregiver.
C. 
(1) 
Is accessory to and occurs within a dwelling unit;
(2) 
Provides care for four to six children at one time who are not relatives of the primary caregiver.
D. 
GROUP DAY-CARE HOMEA type of day-care use that:
(1) 
Provides care for between seven and 12 children at one time who are not relatives of the primary caregiver;
(2) 
Provides care within a dwelling unit; and
(3) 
Is registered with the applicable state agency. NOTE: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.
[Amended 1-21-2016 by Ord. No. 338]
E. 
CHILD DAY-CARE CENTERA type of day-care use that:
(1) 
Provides care for seven or more children at any one time who are not relatives of the primary caregiver;
(2) 
Does not occur within a dwelling unit;
(3) 
Does not meet the definition of a "group day-care home;" and
(4) 
Is registered with the applicable state agency. NOTE: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.
[Amended 1-21-2016 by Ord. No. 338]
DENSITY
The total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated.
DEP
The Pennsylvania Department of Environmental Protection and its relevant bureaus.
DISAPPEARING STREAM
A waterway that empties completely into a sinkhole or cavern.
DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit issued by the Department of Health ("DOH") of the commonwealth to dispense medical marijuana pursuant to the provisions of the Act.[8]
[Added 4-20-2017 by Ord. No. 349]
DISPENSARY FACILITY
Any building or structure used to dispense medical marijuana by a licensed dispensary.
[Added 4-20-2017 by Ord. No. 349]
DISTRICT (or ZONING DISTRICT)
A land area within the Township within which certain uniform regulations and requirements apply under the provisions of this chapter.
DORMITORY
A building used as living quarters for the exclusive use of bona fide full-time faculty or students of an accredited college or university or primary or secondary school, and which is owned by and on the same lot as such college, university or school.
DRIVE-THROUGH SERVICE
An establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.
DWELLING
A building used as nontransient living quarters, but not including a boardinghouse, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home."
DWELLING TYPES
This chapter categorizes dwellings into the following types:
A. 
CONVERSION APARTMENTA new dwelling unit created within an existing building.
B. 
DUPLEXA building that includes two apartment dwelling units and which is not a twin dwelling. This building typically involves one dwelling unit located above a second dwelling unit.
C. 
APARTMENTS or MULTIFAMILY DWELLINGSTwo or more dwelling units within a building that do not meet the definition of a "single-family detached dwelling," "twin dwelling" or "townhouse/row house." The individual dwelling units may be leased or sold for condominium ownership. If a building only includes two apartments/multifamily dwellings, it shall be considered to be a duplex.
D. 
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of "single-family detached dwelling," "single-family semidetached dwelling," "townhouse" or "low-rise apartment" that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
E. 
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides.
(1) 
(a) 
A type of single-family detached dwelling that meets all of the following requirements:
[1] 
Is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing;
[2] 
Is designed for permanent occupancy;
[3] 
Which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations;
[4] 
Is constructed so that it may be used with or without a permanent foundation; and
[5] 
Is not a recreation vehicle.
(b) 
The terms "mobile home" and "manufactured home" have the same meaning.
(c) 
This term is different from a "sectional home," which is defined above.
F. 
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical listed fire-rated assembly (fire-resistant wall) to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
G. 
TOWNHOUSE or ROW HOUSEOne 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 unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
DWELLING UNIT
A. 
A single habitable living unit occupied by only one family. See definition of "family." Each dwelling unit shall have:
(1) 
Its own toilet, bath or shower, sink, sleeping and cooking facilities; and
(2) 
Separate access to the outside or to a common hallway or balcony that connects to outside access at ground level.
B. 
Shall not include either or both of the following: a) two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another; or b) two separate and distinct sets of kitchen facilities.
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on call.
EMPLOYEES
The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
ESSENTIAL SERVICES or ESSENTIAL PUBLIC UTILITY SERVICES
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. Essential services shall include the following and closely similar facilities: sanitary sewage lines, waterlines, electric distribution lines, stormwater management facilities, cable television lines, telephone lines, natural gas distribution lines, fire hydrants, streetlights and traffic signals. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
FAMILY
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. A higher number of unrelated persons may be permitted under the group home provisions of this chapter.
FENCE
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall."
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.
FLOOD-FRINGE
The portion of the one-hundred-year floodplain that is outside of the one-hundred-year floodway, as mapped on official federal floodplain mapping, and as further defined in § 200-34.
FLOODPLAIN
The area expected to be under floodwaters after the worst flood in an average one-hundred-year period, as mapped on official federal floodplain mapping, and as further defined in § 200-34.
FLOODWAY
The portion of the one-hundred-year floodplain that is the main channel that carries the bulk of floodwaters, as mapped on official federal floodplain mapping, and as further defined in § 200-34.
FLOOR AREA RATIO
The total floor area of all buildings on a lot divided by the total lot area of the lot.
FLOOR AREA, TOTAL
The total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings.
A. 
"Floor area" shall specifically include, but not be limited to: a) fully enclosed porches; and b) basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet.
B. 
"Floor area" shall not include unenclosed structures.
FORESTRY
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, and which does not involve any land development. See "timber harvesting" in this section.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variant and quantity or percentage of medical marijuana or particular active ingredient.
[Added 4-20-2017 by Ord. No. 349]
FRACTURE TRACES
Linear topographic depressions or lines of depression less than one mile in length revealing faults, joints or fissures in the bedrock. They may form from slow permeability of soils, rises in the groundwater table, or from the creation of a natural liner or impermeable or slowly permeable clays or soils in the depression.
GARAGE SALE
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.
GAS STATION
See "auto service station or gas station."
GHOST LAKES
Small bodies of water which occur in and occasionally around closed depressions or sinkholes after periods of heavy precipitation. They may form from slow permeability of soils, rises in the groundwater table, or from the creation of a natural liner or impermeable or slowly permeable clays or soils in the depression.
GLARE
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.
GOVERNMENT FACILITY, OTHER THAN TOWNSHIP-OWNED
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Forks Township or an authority created solely by Forks Township. This term shall not include uses listed separately in the table of uses in Article IV. This term shall not include a prison.
GROUP HOME
A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act, as amended.[9] Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.
A. 
Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy.
B. 
It is the express intent of the Township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
C. 
A group home shall not include a treatment center.
D. 
See standards in Article V.
NOTE: The Federal Fair Housing Act Amendments defined "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans With Disabilities Act[10] to address certain situations related to substance abuse treatment.
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit from the DOH to grow and process medical marijuana in the commonwealth, pursuant to the provisions of the Act.[11]
[Added 4-20-2017 by Ord. No. 349]
GROWER/PROCESSOR FACILITY
Any building or structure used to grow medical marijuana by a licensed grower/processor that has a current and valid license from the DOH pursuant to the Act.[12]
[Added 4-20-2017 by Ord. No. 349]
HAZARDOUS SUBSTANCES
A product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment which includes the soil and all subsequent materials located below. Such hazardous material includes, but is not limited to, materials which are included on the latest edition of one or more of the following lists:
A. 
"Hazardous substances" as defined pursuant to Section 311 of the Federal Clean Water Act,[13] or its successor provisions.
B. 
"Hazardous substances" as defined pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act, or its successor provisions.[14]
HAZARDOUS SUBSTANCES, EXTREMELY
Hazardous substances included on the list of "Extremely Hazardous Substances" in 29 CFR 355,[15] or its successor provisions and that are stored or used in quantities above the threshold reportable limits in such regulations.
HEIGHT
See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article VIII.
HELIPORT
An area used for the takeoff and landing of helicopters, and related support facilities.
HOME OCCUPATION
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of Article V.
A. 
A "light home occupation" shall be a home occupation that meets the additional requirements for a light home occupation, as stated in Article V. The term "light home occupation" includes but is not limited to the term "no-impact home occupation," as defined in the State Municipalities Planning Code.[16]
B. 
A "general home occupation" shall be a home occupation that does not meet the requirements for a light home occupation.
NOTE: In most cases, under Article V, a light home occupation is permitted by right, while a general home occupation typically needs special exception approval from the Zoning Hearing Board.
HOSPITAL
A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered an "office." A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals.
HOTEL or MOTEL
A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 90 days shall be considered a "boardinghouse" and shall meet the requirements of that use. See also "bed-and-breakfast" use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, amusement arcade, gift shop, swim club, exercise facilities, tavern and similar customary accessory amenities, and provided any such use shall only be allowed as a principal use of the property if such use is allowed by the applicable district regulations.
INDEPENDENT LIVING FACILITY
Any premises licensed by the commonwealth as a home care agency in which food, shelter and permitted home care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who are capable of self-evacuation in the event of an emergency, and who do not require the services in or of a licensed long-term care facility, personal care home or assisted living residence.
INDUSTRIAL DISTRICT
The EC, EC-1 and EC-2 Zoning Districts.
IMPERVIOUS COVERAGE
The percentage that results from dividing the land area on a lot covered by all impervious surfaces by the total land area of the lot. "Impervious surfaces" shall be defined as areas covered by buildings, paving or concrete, or other man-made surfaces that have a runoff coefficient of 0.85 or greater. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under this chapter.
A. 
For a townhouse development, the maximum impervious coverage may be measured as a maximum for the entire development after completion, after the deletion of street rights-of-way (or cartway where a street right-of-way does not exist), as opposed to regulating each individual townhouse lot.
JUNK
A. 
Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles stored outside of a completely enclosed building and which cover over 200 square feet of land area. Examples of junk include scrap metal, used furniture, used appliances, used motor vehicle parts, worn-out machinery and equipment, used containers and scrap building materials.
B. 
Junk shall not include: a) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal; b) toxic substances; c) yard waste or tree trunks; d) items clearly awaiting imminent recycling at an appropriate location; e) building materials awaiting imminent use at an ongoing building; or f) "clean fill" as defined by state environmental regulations.
JUNK VEHICLE
A. 
Includes any vehicle or trailer that meets any of the following conditions:
(1) 
Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
(2) 
Cannot be towed, in regards to a trailer designed to be towed;
(3) 
Has been demolished beyond repair;
(4) 
Has been separated from its axles, engine, body or chassis; and/or
(5) 
Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.
B. 
See also the definition of "unregistered vehicle."
JUNKYARD
A. 
Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:
(1) 
"Junk" (See definition.) covering more than 1% of the lot area.
(2) 
Two or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage.
(3) 
One or more mobile/manufactured homes that are not in a habitable condition.
B. 
Junk stored within a completely enclosed building for business purposes shall be considered a "warehouse."
C. 
A "junkyard" specifically shall include but not be limited to a metal scrapyard or auto salvage yard.
KENNEL
The keeping of a greater number of dogs and/or cats than are permitted under the "keeping of pets" provisions of this chapter, and which may also include temporary keeping of other household pets. In addition, in any case, if more than 10 dogs age six months or older are kept, it shall be considered a kennel.
LAKE or POND
Natural bodies of water which retain water year round and which are mostly stationary, as opposed to a flowing waterway.
LAKE OR POND MARGIN
A buffer surrounding the shoreline of a lake or pond.
LANDOWNER
The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner) or authorized officers of a partnership or corporation that is a landowner.
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent cover or shade.
LINEAMENTS
Linear topographic depressions or lines of depression longer than one mile in length revealing faults or fissures in the bedrock. These linear features are characterized by increased permeability, along which the solution of carbonate rock is intensified and hence along which groundwater movement is concentrated.
LIVESTOCK OR POULTRY, RAISING OF
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under the "keeping of pets" provisions and beyond what is customarily incidental to a principal crop farming use. "Raising of livestock or poultry" shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A. 
An "intensive agriculture/raising of livestock or poultry" use is based upon the average number of animal equivalent units of live weight per acre of livestock or poultry, on an annualized basis.
B. 
An "animal equivalent unit (AEU)" is 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. This weight is calculated on an annualized basis. These units shall be calculated as provided under the State Nutrient Management Act[17] and accompanying regulations. NOTE: The provisions of this chapter are based upon acreage of a lot, and not acreage that is available for disposal of wastes. (NOTE: Two animal equivalent units per acre would be roughly equal to 1.7 dairy cattle, 6.7 swine, 10 sheep, 500 poultry or 400 rabbits per acre).
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot may or may not coincide with a lot of record and includes one or more adjacent pieces, parcels or plots of land of record held in single and separate ownership, including adjacent pieces, parcels or plots bisected by public or private streets. The area and depth of a lot shall be measured to the legal right-of-way line of the street, and all lots shall front on public or private streets.
LOT AREA
A. 
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet).
B. 
For the purposes of determining compliance with the minimum lot area, the following shall be excluded:
(1) 
Areas within the existing legal rights-of-way of any proposed or existing public streets or alleys, or any proposed or existing commonly maintained private streets that serve more than one lot. (NOTE: Other sections of this chapter, such as townhouse development, may specifically permit proposed streets to be included in determining density for a specific use.)
(2) 
Areas that are currently or will be required to be dedicated as common or preserved open space on a separate lot. (NOTE: Other sections of this chapter, such as open space development, may specifically permit proposed common open spaces to be included in determining density for a specific use.)
LOT, CORNER
A lot abutting on two or more intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets.
LOT LINES
The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the "lot line" shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development. See the definitions of "yard" in this section, which address which is the front yard.
A. 
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way.
B. 
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line. Every lot shall have a rear yard.
C. 
SIDE LOT LINEAny lot line other than a front or rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the minimum lot width may be reduced to 75% of the width that would otherwise be required.
MASSAGE PARLOR
A type of adult use that is an establishment that meets all of the following criteria:
A. 
Massages are conducted involving one person using their hands and/or a mechanical device on another person below the waist, in return for monetary compensation, and which does not involve persons who are related to each other.
B. 
The use does not involve a person licensed or certified by the state as a health care professional or a massage therapist certified by a recognized professional organization that requires substantial professional training. Massage therapy by a certified professional shall be considered "personal service."
C. 
The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor or as an incidental accessory use to a permitted exercise club or high school or college athletic program.
D. 
The massages are conducted within private or semiprivate rooms.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the commonwealth and the provisions of the Act.[18]
[Added 4-20-2017 by Ord. No. 349]
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more grower/processor facilities and/or dispensary facilities.
[Added 4-20-2017 by Ord. No. 349]
MEDICAL MARIJUANA FACILITY
A dispensary facility or a grower/processor facility.
[Added 4-20-2017 by Ord. No. 349]
MEMBERSHIP CLUB
An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.
A. 
This use shall not include a target range for outdoor shooting of firearms, boardinghouse, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met.
MOBILE/MANUFACTURED HOME
See under "dwelling types."
MOBILE/MANUFACTURED HOME PARK
A lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park."
MOTOR VEHICLE
An automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to operate to carry persons or cargo on roads and that is powered by mechanized means.
MUNICIPALITIES PLANNING CODE or STATE PLANNING CODE
The Pennsylvania Municipalities Planning Code, as reenacted and amended.[19]
NIGHTCLUB
An establishment that offers amplified live music performances, sells alcoholic beverages primarily for on-site consumption, is open to patrons after 12:00 midnight, and has a building capacity of over 200 persons.
NONCONFORMING LOT
See § 200-60.
NONCONFORMING STRUCTURE
See § 200-60.
NONCONFORMING USE
See § 200-60.
NONRESIDENTIAL SOLAR ENERGY SYSTEM
A solar energy system which is an accessory use to a lawful nonresidential use in any zoning district.
NURSING HOME
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons.
OFFICE
A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.
OPEN SPACE, COMMON OR PRESERVED
A. 
A parcel or parcels of land within a tract which meets all of the following standards:
(1) 
Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;
(2) 
Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned;
(3) 
Will be deeded to the Township and/or preserved by a deed restriction or conservation easement to permanently prevent uses of land other than "common or preserved open space" and noncommercial recreation or a golf course; and
(4) 
Does not use any of the following areas to meet minimum common/preserved open space requirements:
(a) 
Existing street rights-of-way;
(b) 
Vehicle streets or driveways providing access to other lots;
(c) 
Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Township for agricultural preservation);
(d) 
Off-street parking (other than that clearly intended for noncommercial recreation);
(e) 
Area(s) needed to meet a requirement for an individual lot;
(f) 
For land intended to be open to the public, that does not have provisions for entry with a fifteen-foot minimum width by pedestrians from a street open to the public or from adjacent preserved open space that has access to such a street;
(g) 
Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Board of Supervisors would be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions or would serve as a scenic asset resembling a natural pond;
(h) 
Portions of land that have a width of less than 50 feet;
(i) 
Areas that are under water during normal weather conditions; and
(j) 
50% of areas that are under electric transmission lines that are designed for a capacity of 35 kilovolts or greater.
B. 
Each square foot of common or preserved open space that is of 25% or greater slopes and each square foot within the one-hundred-year floodplain shall not count for the purposes of determining the amount of preserved open space. Wetlands shall not count towards common or preserved open space.
ORDINANCE, THIS
The Forks Township Zoning Ordinance (this chapter), including the Official Zoning Map, as amended.
PA
The Commonwealth of Pennsylvania.
PARENT TRACT
An existing lot from which one or more new lots are subdivided.
PARKING
Off-street parking and aisles for vehicle movement unless otherwise stated.
PENNDOT
The Pennsylvania Department of Transportation, or its successor, and its subparts.
PERFORMANCE SUBDIVISION
A development that allows a mix of dwelling types and that requires common open space to be preserved in return for certain flexibility in dimensional requirements.
PERMITTED-BY-RIGHT USES
Allowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of the this chapter. A "nonconforming use" shall not be considered to be a permitted-by-right use, a special exception use or a conditional use.
PERSONAL CARE HOME
A premises licensed by the commonwealth in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.
PERSONAL SERVICE
An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber- and beauty shops, photography studios, shoe repair shops, household appliance repair shops, custom detailing of private motor vehicles and other similar establishments, but shall not include any "adult uses," as herein defined.
PETS, KEEPING OF
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops.
PICNIC GROVE, PRIVATE
An area of open space and pavilions that is not publicly owned and is used for group picnics and related outdoor recreation, and which is used on a commercial basis.
PINNACLES
Tall, slender spires of carbonate bedrock that are formed from chemical dissolution of carbonate rocks along planes of weakness (joints or fractures). Such pinnacles can be above the natural grade or below the surface of the ground.
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate "dwelling type."
PRINCIPAL BUILDING
A principal structure which is also a building.
PRINCIPAL STRUCTURE
The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.
PRINCIPAL USE
A dominant use(s) or main use on a lot, as opposed to an accessory use.
PRISON
A correctional institution within which persons are required to inhabit by criminal court actions or as the result of a criminal arrest.
PUBLICLY OWNED RECREATION
Leisure facilities owned, operated or maintained by governmental entities for use by the general public. Publicly owned recreation is a distinct use from "indoor recreation" or "outdoor recreation."
PUBLIC NOTICE
Notice required by the PA Municipalities Planning Code.[20] (NOTE: As of the adoption date of this chapter, for a Zoning Hearing Board hearing or an amendment to this chapter, such Act generally required a legal advertisement published once each week for two successive weeks in a newspaper of general circulation in the Township, which states the time and place of a meeting/hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication not less than seven days from the meeting/hearing date.)
QUARRY (or MINERAL EXTRACTION)
The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Quarry" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.
RECREATION
The offering of leisure-time activities to unrelated persons. This term shall not include any adult use. For the purposes of this chapter, recreation facilities shall be permitted by right as an accessory use when clearly limited to residents of a development and their occasional invited guests.
A. 
(1) 
A type of recreation use that:
(a) 
Does not meet the definition of "outdoor recreation"; and
(b) 
Is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses.
(2) 
This term shall not include any use listed separately as a distinct use in Article IV.
B. 
(1) 
A type of recreation use that:
(a) 
Has a total building coverage of less than 15%; and
(b) 
Is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses.
(2) 
This term shall not include any use listed separately as a distinct use in Article IV.
RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted-by-right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted-by-right accessory use to a public or private primary or secondary school, a place of worship, a Township-owned use or an emergency services station.
REGISTRY
The registry established by the DOH for all medical marijuana organizations and practitioners in the commonwealth pursuant to the provisions of the Act.[21]
[Added 4-20-2017 by Ord. No. 349]
RELATED or RELATIVE
Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of "dwelling unit."
REPAIR SERVICE
Shops for the repair of appliances, watches, guns, bicycles and other household items.
RESIDENTIAL ACCESSORY STRUCTURE (includes BUILDING) OR USE
A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, gazebo, storage shed, greenhouse, children's playhouse or children's play equipment. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.
RESIDENTIAL DISTRICT(S)
The FP, OR, CR, SR or SR-1 Zoning Districts.
RESIDENTIAL LOT LINES
The lot line of a lot that:
A. 
Contains an existing primarily residential use on a lot of less than 10 acres; or
B. 
Is undeveloped and zoned as a residential district.
RESIDENTIAL SOLAR ENERGY SYSTEM
A solar energy system which is an accessory use to a lawful residential use in any zoning district.
RESOURCE PROTECTION LAND
Lands that are categorized as resource protection land under Article VI, including but not limited to one-hundred-year floodplains and wetlands.
RESOURCE RECOVERY FACILITY or SOLID-WASTE-TO-ENERGY FACILITY
An area where municipal solid waste and similar materials are incinerated or otherwise processed to result in usable energy for off-site use.
RESTAURANT
A. 
An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.
B. 
A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a tavern or nightclub as applicable must be met.
C. 
See "drive-through service" in this section.
RETAIL STORE
A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.
RIGHT-OF-WAY
An area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "right-of-way" by itself shall mean the street right-of-way, unless another meaning is otherwise stated or clearly implied from the context in which it is used.
[Amended 1-21-2016 by Ord. No. 338]
A. 
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Township or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
ROOMING HOUSE
See "boardinghouse."
SCHOOL, PUBLIC OR PRIVATE PRIMARY OR SECONDARY SCHOOL
An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs.
SCREENING
Year-round plant material of substantial height and density designed to provide a buffer.
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.
SETBACK LINE
A line separating a yard from the area within which a building or use is allowed.
SEWAGE SERVICE, CENTRAL
Sanitary sewage service to a building by a Township-approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
SEWAGE SERVICE, ON-LOT
Sanitary sewage service to a building that does not meet the definition of "central sewage service," such as, but not limited to, an individual on-lot septic system.
SEWAGE SERVICE, PUBLIC
Central sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.
SIGHT TRIANGLE
An area required to be kept free of certain visual obstructions to traffic.
SIGN
A device for visual communication that is used to bring the subject to the attention of the public. "Signs" include lettering, logos, trademarks, or other symbols that are an integral part of the architecture design of a building, that are applied to a building, or that are located elsewhere on the premises; signs affixed to windows or glass doors or otherwise internally mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building; flags and insignia of civic, charitable, religious, fraternal, patriotic, or similar organizations; insignia of governments or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar materials; and inflatable objects.
SIGN AREA
The square footage displayed on one side of a sign, as measured under § 200-43C.
SIGN, OFF-PREMISES or OUTDOOR ADVERTISING SIGN
A sign that directs attention to a product, service, business, or cause that is not offered on the premises.
SIGN, PORTABLE
A sign that can be moved from place to place, that is not permanently attached to the ground or a building.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SINKHOLES
Funnel-shaped or steep-sided depressions in the land surface that are caused by the dissolution and collapse or subsidence of the roofs of subterranean caverns in carbonate geology formations.
SITE ALTERATIONS
This term shall include one or more of the following activities:
A. 
Filling of lakes, ponds, marshes or floodplains or alteration of watercourses; or
B. 
Clearing and regrading of more than 1/2 acre, other than selective thinning of existing vegetation or trees.
SITE AREA; NET BUILDABLE SITE AREA
Certain land areas as measured under Article VI.
SOLAR ENERGY SYSTEM
A system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANEL
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy, heat water, or produce hot air or perform any other similar function by way of a solar energy system.
SOLID WASTE LANDFILL
An area where municipal solid waste and similar materials is deposited on land, compacted, covered with soil and then compacted again, and which has a permit from DEP to operate as a sanitary landfill.
SOLID WASTE TRANSFER FACILITY
Land or structure where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application.
SOLUTION CHANNEL
Solution-widened joints or fractures occurring in carbonate geology bedrock. They can form a network of channels of varying widths.
SPECIAL EXCEPTION
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter.
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
A. 
Human male genitals in a visible state of sexual stimulation.
B. 
Acts of human masturbation, sexual intercourse, oral sex or sodomy.
C. 
Fondling or other erotic touching of human genitals. See definition of "adult entertainment."
STATE
The Commonwealth of Pennsylvania and its agencies.
STORY
A level of a building routinely accessible to humans having an average vertical clearance from floor to ceiling of 6.5 feet or greater shall be considered a full story, except as follows: If the floor of a basement level is more than six feet below the finished grade level for more than 50% of the total building perimeter, it shall not be regulated as a story. Any level of a building having an average vertical clearance from floor to ceiling of less than 6.5 feet shall be considered a "half-story." "Grade level" shall be defined as provided in the Township Construction Codes.[22]
STREET
A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.
STREET CLASSIFICATION
The functional classification of streets, roads and highways that is provided in the Township Comprehensive Plan shall apply. Such classifications may be revised by written resolution of the Board of Supervisors.
STRUCTURE
Any man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter. For the purposes of this chapter, utility poles, stormwater basins, wells, paving and septic systems shall not be considered structures, and shall not be subject to minimum zoning setback requirements unless stated otherwise.
SUBDIVISION
The definition in Chapter 175, Subdivision and Land Development,[23] shall apply.
SUBDIVISION ORDINANCE or SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Chapter 175, Subdivision and Land Development Ordinance, as amended.
SWIMMING POOL, HOUSEHOLD OR PRIVATE
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.
SWIMMING POOL, NONHOUSEHOLD
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool.
TAVERN
A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of an "after-hours club" or a "nightclub." The sale of food may also occur. See also the definition of "restaurant."
THEATER
A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.
TIMBER HARVESTING (includes LOGGING)
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. For the purposes of timber harvesting, the following terms shall have the following meanings:
A. 
BASAL AREAThe area in square feet per acre occupied by tree stems 4.5 feet above the ground, normally measured by a calibrated prism or angle gauge.
B. 
BEST MANAGEMENT PRACTICESUniversally accepted activities that have a positive effect or minimize a negative effect on the forest ecosystem. They provide minimum acceptable standards for good forest management. Examples of such practices may be found in the publication entitled "Best Management Practices for Pennsylvania Forests," published by Penn State University, College of Agricultural Sciences, dated 1996 or successor version.
C. 
FELLINGThe act of cutting a standing tree so that it falls to the ground.
D. 
LANDINGA place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
E. 
LITTERDiscarded items not naturally occurring on the site, such as tires, oil cans, garbage, equipment parts and other rubbish.
F. 
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
G. 
NONCOMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, species composition or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
H. 
SKIDDINGDragging trees on the ground from the stump to the landing by any means.
I. 
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
J. 
STANDAny area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
K. 
TIMBER OPERATORAn individual, partnership, company, firm, association, corporation or other entity engaged in timbering harvesting, including the agents, subcontractors and employees thereof.
L. 
TOPThe upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
TIRE STORAGE, BULK
The storage of more than 30 used tires on a lot, except that a tire retail store may include the storage of up to 100 used tires on a lot without being regulated by this term.
TOWNHOUSE
See "dwelling types."
TOWNSHIP
Forks Township, Northampton County, Pennsylvania.
TRADE/HOBBY SCHOOL or TRADE SCHOOL
A facility that is primarily intended for education of a work-related skill or craft or a hobby, and does not primarily provide state-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school or ceramics school.
TRADESPERSON
A person involved with building trades, such as, but not limited to, plumbing, electrical work, building construction, building remodeling, and roofing.
TREATMENT CENTER
A. 
A use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(1) 
Criminal rehabilitation, such as a criminal halfway house;
(2) 
Current addiction to a controlled substance that was used in an illegal manner or alcohol; and/or
(3) 
A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
B. 
A group home that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a treatment center.
UNIT FOR CARE OF RELATIVE
A dwelling unit that:
A. 
Is especially created for and limited to occupancy by a close relative of the permanent residents of the principal dwelling unit;
B. 
Is necessary to provide needed care and supervision to such relative; and
C. 
Meets the requirements for such use in § 200-28, Additional regulations for specific uses.
[Amended 1-21-2016 by Ord. No. 338]
UNREGISTERED VEHICLE
Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker. This term shall not apply to vehicles (such as licensed antique cars) for which state regulations do not require an inspection sticker. The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.
USE
The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.
VARIANCE
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the PA Municipalities Planning Code.[24]
WALL
See "fence."
WAREHOUSE
A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WATERCOURSE
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATER SERVICE, CENTRAL
Water supply service to a building by a Township-approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
WATER SERVICE, ON-LOT
Water supply service to a building that does not meet the definition of "central water service," such as but not limited to an individual on-lot well.
WATER SERVICE, PUBLIC
Central water service by a system owned and/or operated by a municipality or a municipal authority.
WETLANDS
An area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations.
WINDMILL
A mill or machine operated by the wind usually acting on oblique vanes or sails that radiate from a horizontal shaft; shall include wind turbine.
WOODLANDS
An area that includes more than 10 healthy trees greater than six inches in trunk diameter measured at a point four feet above grade on a certain area of 0.5 acre. For example, if a one-acre lot includes 22 such trees, the entire lot shall be considered to be woodlands.
YARD
An open area unobstructed from the ground to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a "minimum setback." Each required yard shall be measured inward from the abutting lot line, existing street right-of-way or ultimate/future right-of-way where one is required to be established, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.
A. 
Private streets. For a building setback measured from a private street, the setback shall be measured from the existing street right-of-way/easement or 15 feet from the center of the cartway, whichever is more restrictive.
YARD, FRONT or FRONT SETBACK
A land area measured a distance from and running parallel to the front lot line, street right-of-way line or ultimate/future right-of-way, whichever is most restrictive. Such yard shall extend the full width of the lot from side lot line to side lot line.
A. 
The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot. If a lot abuts two streets, the front yard shall be whichever side is the predominant front yard for neighboring properties, as determined by the Zoning Officer. If no side is predominant, then the applicant may choose which is the front yard. If a corner lot is adjacent in two streets, a minimum yard equal to a front yard width shall be required adjacent to each street.
B. 
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter.
C. 
Every lot shall include at least one front lot line.
YARD, REAR or REAR SETBACK
A. 
A yard extending the full width of the lot and which is measured from along the rear line and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line.
B. 
A principal building shall not extend into the required rear yard setback for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in this chapter.
C. 
Every lot shall include a rear lot line and a rear yard.
YARD, SIDE or SIDE SETBACK
A. 
A yard which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front setback line to the rear lot line.
B. 
A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter.
C. 
A triangular lot shall include one side yard. All other lots shall include at least two side yards, except for a corner lot.
ZONING MAP
The Official Zoning Map of Forks Township, Northampton County, Pennsylvania.
ZONING OFFICER
The person charged with the duty of enforcing the provisions of this chapter, and any officially designated assistant.
ZONING ORDINANCE
The Forks Township Zoning Ordinance, as amended (this chapter).
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[6]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[10]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[11]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[12]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[13]
Editor's Note: See 33 U.S.C. § 1321.
[14]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[15]
Editor's Note: See 40 CFR 355, Appendixes A and B.
[16]
Editor's Note: See 53 P.S. § 10107.
[17]
Editor's Note: The Nutrient Management Act, 3 P.S. § 1701 et seq. was repealed 7-6-2005 by P.L. 112, No. 38. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
[18]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[19]
Editor's Note: See 53 P.S. § 10101 et seq.
[20]
Editor's Note: See 53 P.S. § 10101 et seq.
[21]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[22]
Editor's Note: See also Ch. 77, Building Construction.
[23]
Editor's Note: See § 175-15, Definitions.
[24]
Editor's Note: See 53 P.S. § 10101 et seq.