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.
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:
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."
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]
One dwelling unit that is created within part of a single-family
detached dwelling or above a vehicle garage on a residential lot.
An accessory structure that meets the definition of a "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.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
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 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.
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.
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.
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.
Soils classified by the United States Natural Resources Conservation
Service within agricultural capability Classes 1, 2, or 3.
See definitions of "livestock or poultry, raising of" and definitions for the various agricultural uses in § 200-28A.
An area and related support facilities used for the landing
and takeoff of motorized aircraft that carry people.
Soils classified by the United States Natural Resources Conservation
Service as being alluvial or otherwise subject to periodic flooding.
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.
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.
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."
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.
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."
See "dwelling types."
The definition in the State Municipalities Planning Code,
as amended,[2] shall apply.
See definitions of "base site area," "building area," "floor
area" and "sign area."
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.
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]
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]
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]
An enclosed level of a building that is not a story and that
is partly or completely underground.
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.
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]
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.
A type of off-premises sign. See Article VIII.
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.
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."
A college fraternity or sorority house used as a residence shall
be considered a type of boardinghouse.
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.
A boardinghouse shall primarily serve persons residing on site
for five or more consecutive days.
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]
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.
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.
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.
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.
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
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.
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.
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.
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.
A type of campground that involves persons temporarily living
within recreational vehicles.
A geologic formation consisting of limestone and dolomite
bedrock.
The individual designated by a patient to deliver medical
marijuana.
[Added 4-20-2017 by Ord.
No. 349]
A subterranean cavity or cave produced by dissolution of
limestone and dolomite.
A place used for the burial of two or more noncremated humans.
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]
This Chapter 200, Zoning, of the Codified Ordinances of Forks Township.
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.
See "place of worship."
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.
An entity that:
[Added 4-20-2017 by Ord.
No. 349]
Holds a permit both as a grower/processor and a dispensary pursuant
to the Act;[4] and
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.
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.
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.
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.
LATTICE TOWERA commercial communications tower that is guyed or self-supporting with an open steel-frame structure.
MONOPOLE TOWERA commercial communications tower that involves a single shaft as its structural support.
The TC, HC and RC Districts.
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.
The Commonwealth of Pennsylvania.
[Added 4-20-2017 by Ord.
No. 349]
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.
The latest adopted Comprehensive Plan of Forks Township,
as amended.
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]
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.
Adjacent parcels of land, including parcels separated by
a stream or road.
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.
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.
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.)
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.
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."
A process provided in the State Municipalities Planning Code[7] that authorizes certain types of challenges to a zoning
ordinance.
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.
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."
The following three types of day care are permitted without
regulation by this chapter:
FAMILY DAY-CARE HOME (or CHILD DAY CARE as an accessory use)A type of day-care use that:
GROUP DAY-CARE HOMEA type of day-care use that:
Provides care for between seven and 12 children at one time
who are not relatives of the primary caregiver;
Provides care within a dwelling unit; and
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]
CHILD DAY-CARE CENTERA type of day-care use that:
Provides care for seven or more children at any one time who
are not relatives of the primary caregiver;
Does not occur within a dwelling unit;
Does not meet the definition of a "group day-care home;" and
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]
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A waterway that empties completely into a sinkhole or cavern.
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]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 4-20-2017 by Ord.
No. 349]
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
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.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
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."
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building.
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.
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.
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.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides.
A type of single-family detached dwelling that meets all of
the following requirements:
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;
Is designed for permanent occupancy;
Which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
Is constructed so that it may be used with or without a permanent
foundation; and
Is not a recreation vehicle.
The terms "mobile home" and "manufactured home" have the same
meaning.
This term is different from a "sectional home," which is defined
above.
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.
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.
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have:
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.
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.
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.
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.
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.
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."
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
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.
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.
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.
The total floor area of all buildings on a lot divided by
the total lot area of the lot.
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.
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.
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]
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.
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.
See "auto service station or gas station."
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.
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
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.
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.
Group homes shall be subject to the same limitations and regulations
by the Township as the type of dwelling unit they occupy.
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.
A group home shall not include a treatment center.
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.
|
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]
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]
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:
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.
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.
An area used for the takeoff and landing of helicopters,
and related support facilities.
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 "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]
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.
|
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.
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.
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.
The EC, EC-1 and EC-2 Zoning Districts.
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.
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.
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.
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.
Includes any vehicle or trailer that meets any of the following
conditions:
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;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
See also the definition of "unregistered vehicle."
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:
"Junk" (See definition.) covering more than 1% of the lot area.
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.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a "warehouse."
A "junkyard" specifically shall include but not be limited to
a metal scrapyard or auto salvage yard.
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.
Natural bodies of water which retain water year round and
which are mostly stationary, as opposed to a flowing waterway.
A buffer surrounding the shoreline of a lake or pond.
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.
Illumination that passes from the source through a translucent
cover or shade.
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.
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.
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.
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).
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.
The horizontal land area contained within the lot lines of a
lot (measured in acres or square feet).
For the purposes of determining compliance with the minimum
lot area, the following shall be excluded:
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.)
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.)
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.
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.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way.
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.
SIDE LOT LINEAny lot line other than a front or rear lot line.
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.
A type of adult use that is an establishment that meets all
of the following criteria:
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.
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."
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.
The massages are conducted within private or semiprivate rooms.
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]
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]
A dispensary facility or a grower/processor facility.
[Added 4-20-2017 by Ord.
No. 349]
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.
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.
See under "dwelling types."
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."
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.
The Pennsylvania Municipalities Planning Code, as reenacted
and amended.[19]
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.
See § 200-60.
See § 200-60.
See § 200-60.
A solar energy system which is an accessory use to a lawful
nonresidential use in any zoning district.
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of three or more persons.
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.
A parcel or parcels of land within a tract which meets all of
the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned;
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
Does not use any of the following areas to meet minimum common/preserved
open space requirements:
Existing street rights-of-way;
Vehicle streets or driveways providing access to other lots;
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);
Off-street parking (other than that clearly intended for noncommercial
recreation);
Area(s) needed to meet a requirement for an individual lot;
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;
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;
Portions of land that have a width of less than 50 feet;
Areas that are under water during normal weather conditions;
and
50% of areas that are under electric transmission lines that
are designed for a capacity of 35 kilovolts or greater.
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.
The Forks Township Zoning Ordinance (this chapter), including
the Official Zoning Map, as amended.
The Commonwealth of Pennsylvania.
An existing lot from which one or more new lots are subdivided.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
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.
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.
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.
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.
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.
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.
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.
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."
A principal structure which is also a building.
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.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest.
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."
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.)
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.
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 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.
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]
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."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
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.
The FP, OR, CR, SR or SR-1 Zoning Districts.
The lot line of a lot that:
A solar energy system which is an accessory use to a lawful
residential use in any zoning district.
Lands that are categorized as resource protection land under Article VI, including but not limited to one-hundred-year floodplains and wetlands.
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for off-site use.
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.
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.
See "drive-through service" in this section.
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.
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]
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.
See "boardinghouse."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs.
Year-round plant material of substantial height and density
designed to provide a buffer.
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.
A line separating a yard from the area within which a building
or use is allowed.
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.
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.
Central sanitary sewage service by a system owned and/or
operated by a municipality or a municipal authority.
An area required to be kept free of certain visual obstructions
to traffic.
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.
The square footage displayed on one side of a sign, as measured under § 200-43C.
A sign that directs attention to a product, service, business,
or cause that is not offered on the premises.
A sign that can be moved from place to place, that is not
permanently attached to the ground or a building.
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.
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.
This term shall include one or more of the following activities:
Certain land areas as measured under Article VI.
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.
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.
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.
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-widened joints or fractures occurring in carbonate
geology bedrock. They can form a network of channels of varying widths.
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.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
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]
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.
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.
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.
Chapter 175, Subdivision and Land Development Ordinance, as amended.
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.
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.
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."
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.
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:
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.
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.
FELLINGThe act of cutting a standing tree so that it falls to the ground.
LANDINGA place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LITTERDiscarded items not naturally occurring on the site, such as tires, oil cans, garbage, equipment parts and other rubbish.
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
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.
SKIDDINGDragging trees on the ground from the stump to the landing by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
STANDAny area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
TIMBER OPERATORAn individual, partnership, company, firm, association, corporation or other entity engaged in timbering harvesting, including the agents, subcontractors and employees thereof.
TOPThe upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
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.
See "dwelling types."
Forks Township, Northampton County, Pennsylvania.
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.
A person involved with building trades, such as, but not
limited to, plumbing, electrical work, building construction, building
remodeling, and roofing.
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:
A group home that exceeds the number of residents allowed by
this chapter within a group home shall be regulated as a treatment
center.
A dwelling unit that:
Is especially created for and limited to occupancy by a close
relative of the permanent residents of the principal dwelling unit;
Is necessary to provide needed care and supervision to such
relative; and
Meets the requirements for such use in § 200-28, Additional regulations for specific uses.
[Amended 1-21-2016 by Ord. No. 338]
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.
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.
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]
See "fence."
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.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
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 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.
Central water service by a system owned and/or operated by
a municipality or a municipal authority.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
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.
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.
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.
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.
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.
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.
No accessory or principal structure shall extend into the required
front yard, except as provided in this chapter.
Every lot shall include at least one front lot line.
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.
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.
Every lot shall include a rear lot line and a rear yard.
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.
A structure shall not extend into the applicable minimum side
yard setback, except as provided for in this chapter.
A triangular lot shall include one side yard. All other lots
shall include at least two side yards, except for a corner lot.
The Official Zoning Map of Forks Township, Northampton County,
Pennsylvania.
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
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.
[24]
Editor's Note: See 53 P.S. § 10101 et seq.
