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Township of Pine, PA
Allegheny County
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Table of Contents
Table of Contents
For the purposes of this chapter, the following rules of usage and interpretation shall apply, unless the context indicates otherwise. In the interpretation of this chapter, the provisions and rules of this chapter shall be observed and applied, except when the context clearly requires otherwise.
A. 
Words in the present tense include the future.
B. 
Words in the singular include the plural and the plural the singular.
C. 
The word "shall" is intended to be mandatory.
D. 
The word "lot" shall include the word "plot" or "parcel."
E. 
The word "person" shall include an individual, firm, or corporation.
F. 
A building or structure includes any part thereof.
G. 
The word "and" indicates that all connected items, conditions, provisions or events shall apply.
H. 
The word "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
I. 
The words "either. . .or" indicate that the connected items, conditions, provisions or events may apply singly but not in any combination.
J. 
The word "Township" means the Township of Pine, Pennsylvania.
K. 
The word "county" means the County of Allegheny, Pennsylvania.
L. 
Any use of the gender specific words (his, hers, him, her) shall imply both genders.
M. 
In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.
N. 
When a word or phrase is not specifically defined in this chapter, or referenced in another chapter, then the common meaning of the word or phrase, or the definition contained in Webster's Dictionary, most current version, shall apply.
The definitions set forth in Chapter 78, Subdivision and Land Development, of the Pine Code shall also apply to this chapter, except when in conflict with the following definitions, which shall specifically apply to this chapter. As used in this chapter, the following terms shall have the meanings indicated:
ACCESS DRIVE
An access drive is intended to provide immediate access to adjoining uses within the nonresidential areas of the Town Center.
ACCESSORY STRUCTURE
A structure clearly and customarily subordinate to and on the same lot as the principal building and used exclusively for purposes constituting an accessory use, including but not to limit the applicability of the foregoing, private garages, barns, utility sheds, greenhouses and buildings for housing household pets and excluding signs, antennae, communications towers, communications facilities, telecommunications equipment buildings, collocation/shared use communications facilities and power-mounted/shared use communications facilities.
ACCESSORY USE
A use which is clearly part of, incidental to, subordinate to, devoted exclusively to and located on the same lot occupied by the principal use of the land or structures but excluding signs, antennae, communications towers, communications facilities, telecommunications equipment buildings, collocation/shared use communications facilities and power-mounted/shared use communications facilities.
ACTIVE BUILDING ELEVATION
Building facades that include windows, building entrances and other architectural features that enhance the pedestrian scale and experience of the building facade.
ADULT BOOKSTORE
An establishment which has a substantial or significant portion of its stock and trade in, or an establishment which, as one of its principal business purposes, offers for sale books, films, video cassettes or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and, in conjunction therewith, has facilities for the presentation of adult entertainment for observation by patrons.
ADULT; EMPLOYEE
Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of an adult-oriented establishment.
ADULT ENTERTAINMENT
A. 
An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
B. 
A live performance, display or dance of any type which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal services offered customers.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT; MODEL STUDIO
A. 
Any premises on which there is conducted the business of furnishing models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for the persons who pay a fee or other consideration or compensation or a gratuity for the right or opportunity to so depict the figure model or for admission to or for permission to remain upon the premises; or any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
B. 
The words "model studio" do not include:
(1) 
Any study which is operated by any state college or junior college, public school, government-approved school or any governmental agency where the person, firm, association, partnership or corporation operating it has met the requirements established by the Commonwealth of Pennsylvania for the issuance or conferring of and is in fact authorized thereunder to issue and confer a diploma or honorary diploma;
(2) 
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio referenced in § 84-29 of this chapter; or
(3) 
Any studio operated by a tax-exempt, nonprofit corporation devoted to the development of art and its appreciation.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT; OPERATOR
A person, partnership or corporation owning, operating, conducting or maintaining an adult-oriented establishment.
ADULT-ORIENTED ESTABLISHMENT
A. 
Includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
(1) 
Adult bookstores.
(2) 
Adult motion-picture theaters.
(3) 
Adult mini-motion-picture theaters.
(4) 
ADULT ENTERTAINMENT FACILITYAny premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or where an entertainer provides adult entertainment to a member of the public, a patron or a member.
(5) 
Adult movie studio, adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, massage parlor, health spa or any other term of like import.
(6) 
ADULT CLUBA nightclub, bar, cabaret, theater, or other establishment which features or presents adult entertainment.
B. 
The terms "booths," "cubicles," "stalls," "compartments," "studios" and "rooms," for purposes of definition in connection with adult-oriented establishments, do not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment and which are not held out to the public for the purpose of viewing motion pictures or other adult entertainment for a fee and which are not open to any persons other than employees.
ADULT; SEXUAL ACTIVITIES
The term does not include any of the following:
A. 
Medical publications or films or bona fide educational publications or films.
B. 
Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography.
C. 
Any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or seminude persons in connection with the dissemination of the news.
D. 
Any publications or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or semi-nudity is indigenous to the populations.
ADULT; SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely, covered:
(1) 
Human genitals or pubic region;
(2) 
Buttocks; or
(3) 
Female breasts below a point immediately above the top of the areola.
B. 
Human male genitals in a discernible turgid state, even if completely opaquely covered.
ADULT; SPECIFIED SEXUAL ACTIVITIES
The term includes any of the following:
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse, or sodomy.
C. 
Fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
AGRICULTURAL USE
Includes all standard agricultural or nursery commonly used in Allegheny County.
ALCOHOL REHABILITATION CLINIC
A facility for housing and caring for recovering alcoholics.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
ANIMAL DAY CARE
A facility that cares for pet animals for less than 12 consecutive hours in the absence of the pet owner or a facility that cares for pet animals in training with or without the facility owner receiving compensation for such services.
ANIMAL HOSPITAL
A facility where animals are given medical or surgical treatment for compensation, and boarding of animals is incidental to such treatment.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
[Amended 2-2-2015 by Ord. No. 373]
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.
APPLICANT, FORESTRY OR LOGGING
Any property owner, or any individual, partnership, company, firm, association, or corporation acting on behalf of the property owner, who applies for the required logging or timber harvesting permit.
APPLICANT, OIL OR GAS
Any person, owner, operator, partnership, company, corporation and their respective subcontractors and agents, who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas (and including the operation of natural gas compressor stations or natural gas processing plants).
[Added 3-15-2021 by Ord. No. 393]
AUTOMOTIVE DEALERSHIP, NEW
A business that is principally engaged in the receipt of new, previously untitled motor vehicles or trailers from their manufacturer and the resale, lease, or rental of the same directly to the general public.
AUTOMOTIVE DEALERSHIP, USED
A business that is principally engaged in selling, leasing, or renting previously titled and owned motor vehicles or trailers.
BASEMENT
A story of a structure underground, having half or more than half of its clear height below the average grade of the adjoining ground.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied and operated dwelling originally designed as a residential structure where limited overnight lodging and a breakfast are provided for compensation to tourist or recreational guests.
BLOCK
An area bounded by existing or proposed street right-of-way lines.
BOARD OF SUPERVISORS
The governing body of the Township of Pine.
BOARD, ZONING HEARING
The Township Zoning Hearing Board.
BOULEVARD
A boulevard is a collector street which conveys traffic without generating cross traffic conflicts. The boulevard is intended to provide for a greater degree of mobility than for land access, and to serve motorists and pedestrians between local, access, and arterial streets.
BUFFER YARD
A portion of the site intended to provide a visual barrier and physical protection between adjacent land uses.
BUILDABLE ACRE
The area of a lot remaining after subtraction of the areas required to be preserved for woodlands, wetlands, and watercourses and their required buffers, steep slopes, and other natural resources required to be preserved by the Codes of the Township of Pine.
BUILDABLE AREA
That portion of a lot bounded by the required front and rear and side yards.
BUILDING
An immobile structure enclosed within exterior walls or firewalls, built, erected and framed of component structural parts and designed for the housing, shelter, enclosure, or support of individuals, animals or property of any kind.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the coping of a flat roof or to the deckline of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINES
The lines that bound the buildable area of the lot as established by this chapter beyond which a building shall not extend.
BUILDING MATERIALS
Those materials used in the construction industry, including but not limited to lumber, masonry, concrete, metal, plaster and paint, and as defined in the Pennsylvania Uniform Construction Code.
BUILDING PERMIT
A document issued by the Zoning Officer authorizing the construction or alteration of a building or structure.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE
The line within a property defining the minimum required distance between any building to be erected and an adjacent street right-of-way line.
CAR WASH
Hand or machine washing of automobiles, including steam cleaning and detailing of vehicles.
CARRIAGE HOME
A single-family dwelling which includes a master bedroom suite on the first (ground) floor, along with the cooking, eating and main living areas. Carriage homes may be grouped together and consist of two to four individual living units, each with its own entrance, attached by at least one common wall. Each individual unit shall have an attached garage of sufficient size for two vehicles.
CHANNEL
A natural stream that conveys water or a ditch or open channel excavated for the flow of water.
CIVIC CLUBS
A nonprofit association of persons who are bona fide members paying annual dues and which owns, hires or leases a building, or portion thereof, the use of such building being restricted to members and their guests.
CODE ENFORCEMENT OFFICER
See "Zoning Officer."
COLLECTOR STREET
A street which provides access from a local roadway to the arterial transportation system in the Township. The collector street provides for equal amounts of mobility and land access. These roadways generally serve as major circulation routes.
COLLEGE
An institution of higher learning, whether public or private, which offers postsecondary academic training and which is authorized by the commonwealth to award baccalaureate or higher degrees.
CO-LOCATION
The mounting of one or more WCFs, including nontower WCF, on an existing tower-based WCF, or on any structure that already supports at least one nontower WCF.
[Amended 2-2-2015 by Ord. No. 373]
COMMERCIAL OR PUBLIC PARKING GARAGE OR LOT
Any structure or parcel or portion of structure or parcel used by the public to temporarily park licensed and operable motor vehicles for less than 12 hours.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site designed and intended for the use and enjoyment of the residents of the development, not including streets, off-street parking and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements in the development plan as finally approved and as are appropriate for the recreation of the residents. Common open space may be publicly dedicated or may be owned by a homeowners' association consisting of the landowners within a development or may be owned by a single landowner; provided, however, that in the event of ownership by a single landowner or homeowners' association, such parcel or parcels shall be subject to restrictive covenants acceptable to the Township and sufficient to satisfy its preservation against further development and to preserve its character.[1]
CONSERVATION EASEMENT
A restriction against use and/or clearing placed against property by an owner and which is recorded so as to bind future owners to protect natural, productive, or cultural features. Such conservation easement may be in favor of a nonprofit conservation organization, homeowner association, government agency, or other entity or group empowered to administer the conservation easement.
CONSULTING FORESTER or STATE FORESTER
A person employed as a forester by the Commonwealth of Pennsylvania's Department of Conservation and Natural Resources, Bureau of Forestry, or a person listed on said Bureau of Forestry's Register of Consulting Foresters as being a graduate of a forestry school accredited by the Society of American Foresters and employed full-time as a private forestry consultant.
CONTROLLED SUBSTANCE DISPENSATION FACILITY
Any public or private facility that sells, dispenses, distributes, provides and/or administers any controlled substance, as that term is defined in the Controlled Substances Act, 21 U.S.C § 802 et seq., as the same may be amended from time to time, including, but not limited to, methadone or suboxone or similar antioplold, to any person known or believed by such facility (or to any employee, agent or individual otherwise connected to such facility) to be physically or psychologically dependent on the use of such controlled substances, for the detoxification treatment or maintenance treatment of such dependency, unless said controlled substance is sold, dispensed, distributed, provided and/or administered for the cure or treatment of an illness, malady or disease other than controlled substance dependency. Such facilities include but are not limited to any facility licensed by the Pennsylvania Department of Health for such operations.
[Added 3-15-2021 by Ord. No. 393]
COVERAGE, BUILDING
The percentage of a lot area occupied by the ground area of principal and accessory buildings on such lot, excluding the area occupied by a solar collector.
COVERAGE, LOT
The percentage of a lot area occupied by the ground area of principal or accessory buildings, driveways, swimming pools, decks and other impermeable materials on such lot.
DAM
Any artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or a structure for highway, railroad, or other purposes, which may impound water.
DAY-CARE CENTER
A place other than an occupied residence providing or designed to provide day care to persons of any age in structures compliant with the building and life safety codes of the Township.
DESIGN STORM
The magnitude of precipitation from a storm event measured in probability of frequency of occurrence (e.g., fifty-year storm) and duration (e.g., 24 hours) and used in computing stormwater management control systems.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
[Added 3-15-2021 by Ord. No. 393]
DERRICK
Any portable framework, tower mast and/or structure which is required or used in connection with drilling or reworking a well for the production of oil or gas.
[Added 3-15-2021 by Ord. No. 393]
DETENTION
The slowing, dampening or attenuating of runoff flows entering the natural drainage pattern or storm drainage system by temporarily holding water on a surface area, such as detention basins, reservoirs, on rooftops, in streets, parking lots or within the drainage system itself, and releasing the water at a desired rate of discharge.
DEVELOPER
Any landowner, agent of such landowner, tenant or any other person or legal entity of any kind who makes or causes to be made, or takes any planning action to make, a subdivision of land or a land development of any kind.
DEVELOPMENT PLAN
The provisions for development of a previously undeveloped or further development of previously developed land, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking lots or garages, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean written and graphic materials referred to in this definition.
DIAMETER AT BREAST HEIGHT (DBH)
A standard method for the measurement of trees wherein the diameter of a tree is measured at approximately four feet above its ground level.
DISCHARGE
Rate of flow, specifically fluid flow; a volume of fluid flowing from a conduit or channel, or being released from detention storage, per unit of time; commonly expressed as cubic feet per second (cfs), million gallons per day (mgd), gallons per minute (gpm) or cubic meters per second (cms).
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of wireless communications facilities that distributes RF signals from transceivers at a central hub to a specific service area with poor coverage or inadequate capacity. As typically configured, a DAS network consists of a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. Only qualified "neutral-host" DAS networks that can support multiple providers simultaneously shall be considered public utilities if owned and/or operated by an entity granted public utility status (i.e., entities granted certificates of convenience as competitive access providers). DAS networks that support only a single wireless service provider shall be governed by § 84-42 ("Wireless communications facilities"), as amended.
[Added 2-2-2015 by Ord. No. 373; amended 3-15-2021 by Ord. No. 393]
DOMESTIC PETS
Animals or birds customarily found in a dwelling and kept for company or pleasure, including dogs or cats, provided that there is not a sufficient number to constitute a kennel, as defined herein; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, but not including any exotic animals such as lions, tigers, ocelots or other feral cats, monkeys, bears, alligators, large or poisonous snakes and similar animals normally kept in a zoo.
DRAINAGE
The interception and removal of excess surface water or groundwater from any land by artificial or natural means.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
DRILLING PAD
The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
[Added 3-15-2021 by Ord. No. 393]
DRIVE-IN THEATER
An open lot upon which motion pictures are shown to the public on an outdoor screen, excluding any other accessory use.
DRIVE-THROUGH
A portion of a structure otherwise permitted by this chapter that by physical design and location encourages or permits customers to receive a service or obtain a product while remaining in a motor vehicle.
DWELLING
Any building or structure, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any appurtenances belonging thereto.
A. 
SINGLE-FAMILY DWELLING, DETACHEDA dwelling designed for and occupied by not more than one family and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.
B. 
SINGLE-FAMILY DWELLING, ATTACHEDTwo or more adjoining dwelling units each on their own lot, each of which is separated from the others by one or more unpierced walls extending from ground to roof.
C. 
GARDEN APARTMENTA multi-dwelling-unit building not exceeding three stories or 35 feet in height, whichever is less.
DWELLING UNIT
One room, or a group of rooms joined to each other, located in a dwelling, designed and maintained as a unified living quarter, occupied by a family, containing integrated facilities used for living, sleeping, cooking, eating and sanitation. Dwelling units must contain at least one room with a minimum area of 150 square feet, with a minimum horizontal dimension of 10 feet.
DWELLING UNIT DENSITY
The maximum number of dwelling units authorized per acre.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land and within which the owner of the property shall not erect any permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
EMERGENCY
A condition that:
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
[Added 2-2-2015 by Ord. No. 373]
ENGINEER
A currently licensed professional engineer registered by the Commonwealth of Pennsylvania.
ENTERTAINER
A person who provides entertainment within an adult-oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
ENTERTAINMENT FACILITY
Any commercial activity conducted for gain which is generally related to the entertainment field, including but not limited to bowling alleys, roller-skating rinks, miniature golf, golf driving ranges, commercial swimming pools and carnivals, but not including indoor theaters, drive-in theaters, massage parlors, model studios or places in which pornographic materials are displayed, sold or distributed or in which lewd or obscene activity is conducted.
EROSION
The wearing away of the land surface by running water, wind, ice or other geological agents, including such process as gravitational creep.
ESSENTIAL FACILITIES
The erection, construction, alteration or maintenance by public utilities (as public utilities are specifically defined in Pennsylvania's Public Utility Code, 66 Pa.C.S.A. § 102) or municipal or other governmental agencies of underground or overhead sewage, gas, electrical, telephone, cable television, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, gas regulators and measuring devices, including structures in which they are housed and equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities (as public utilities are specifically defined in Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 102) or municipal or other governmental agencies and for the public health and safety or general welfare, but not including offices or maintenance depots.
FACILITY
A structure necessary to a particular use.
FAMILY
A. 
One person occupying one dwelling unit;
B. 
Two or more persons related by blood, marriage or adoption and foster children occupying one dwelling unit, living and cooking together as a single, nonprofit and nontransient housekeeping unit, including any person employed to work exclusively on the premises; or
C. 
Not more than four unrelated individual persons occupying one dwelling unit, living and cooking together as a single, nonprofit and nontransient housekeeping unit, including individuals who require special care or supervision and those working in a dwelling unit to provide such care or supervision.
D. 
"Family" shall not include clubs, fraternities, boarding- or rooming houses or any groups not specifically defined above.
FARM MARKET
A structure or area, on property used for agricultural purposes, to sell products grown on the premises.
FCC
Federal Communications Commission.
[Added 2-2-2015 by Ord. No. 373]
FENCE
Any freestanding barrier, including a wall, which is designed to confine, restrict, enclose, delineate, or shield from view a particular lot, yard or area.
FENCE, BOUNDARY
A fence, including a wall, which is used to designate, establish or set off the border line of a lot. A boundary fence shall not constitute a "structure" only insofar as is necessary to exempt it from the general front, rear, and side yard setback regulations of the zoning district in which the boundary fence is located. Boundary fences shall be subject to the specifications for the same contained in this chapter.
FLOODPLAIN
A normally dry land area adjacent to stream channels that is susceptible to being inundated by over-bank stream flows. For regulatory purposes, the Pennsylvania Floodplain Management Act (Act of October 4, 1978, P.L. 851, No. 166[2]) and regulations pursuant to the Act define the "floodplain" as the area inundated by a one-hundred-year flood and delineated on a map by FEMA (Federal Emergency Management Agency).
FLOOR AREA
The gross surface area of each floor for the use or activity in question.
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, which does not involve any land development.
[Amended 7-17-2023 by Ord. No. 400]
FOWL
Includes chickens, ducks, pigeons, pheasants, turkeys, guinea hens and all other birds, whether raised for profit or not.
FRACKING
The process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
[Added 3-15-2021 by Ord. No. 393]
FREESTANDING SELF-STORAGE UNIT
An enclosed area or structure used for the storage of items not belonging to the owner of the land on which such enclosed area or structure is located, in exchange for rent paid for the use of said enclosed area or structure.
FRINGE LOTS
Residential lots that are located at the perimeter of a planned residential development (PRD) where property lines are adjacent to other land uses.
GARAGE OR LOT, COMMERCIAL OR PUBLIC
A building or portion thereof, other than a residential garage, designed or used for equipping, servicing, repairing, parking, hiring, selling or storing motor-driven vehicles.
GARAGE, RESIDENTIAL
An accessory structure to a residential use or a portion of a residential structure that is designed or used for the storage of motor-driven vehicles owned and used for noncommercial purposes by the occupants of the building to which it is accessory.
GARDEN APARTMENT
A multi-dwelling-unit building not exceeding three stories or 35 feet in height, which ever is less.
GREENWAY
For the purpose of this chapter, a greenway shall be defined as a strip of land adjacent to Route 19 that is to remain wooded or be landscaped.
GOVERNING BODY
The Board of Supervisors of the Township of Pine or its successor legislative body, if any.
GROUP CARE FACILITY
A. 
A facility which provides room and board and specialized services for:
(1) 
More than eight residents who are mentally or physically handicapped;
(2) 
Any number of permanent residents who are dependent and/or delinquent children under the age of 18 adjudicated by the court system;
(3) 
Mentally disturbed persons of any age; or
(4) 
Persons assigned by a court of law or public or semipublic agency on a short-term basis for supervision, care and counseling for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration and other such transitional and/or supervised short-term assignments.
B. 
Staff shall be qualified by the sponsoring agency, who may or may not reside at the facility, and who provide health, social and/or rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency.
GROUP HOME
A dwelling unit where room and board is provided to not more than eight permanent residents who are mentally or physically handicapped persons of any age, who are in need of supervision and specialized services, and no more than two caretakers on any shift, who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents. The service shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency. A "group home" shall be considered a single-family dwelling and shall be authorized wherever single-family dwellings are authorized.
HARVEST AREA
The location on the site where timber harvesting occurs.
HEALTH AUTHORITY
The Allegheny County Health Department.
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including nontower WCF mounted on the tower and any other appurtenances.
[Added 2-2-2015 by Ord. No. 373]
HELICOPTER
Any rotorcraft, other than a model or radio-controlled rotorcraft that for its horizontal motion, depends principally on its engine-driven rotor.
HELIPORT
Any area of land, water or structure which is used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are used for heliport buildings or helicopter facilities or rights-of-way, together with all heliport buildings and facilities thereon.
HIGHWAY, MAJOR
A street of substantial continuity and used primarily as a traffic artery for intercommunication among large areas.
HOME OCCUPATION
See "no-impact home-based business."
HOSPITAL
A duly licensed institution providing medical or surgical care and treatment for the sick and injured.
HOTEL
See "motel or hotel."
HYDRAULICS
A. 
The branch of science concerned with the mechanics of fluids, especially liquids.
B. 
As applied in stormwater management, the study of the characteristics of water flow in, and conveyance capacity of, a watercourse, considering such factors as depth, velocity, and turbulence.
HYDROLOGY
The science dealing with the waters of the earth and their distribution and circulation through the atmosphere. Engineering hydrology deals with the application of hydrologic concepts to the design of projects for use and control of water.
IMMINENT AND ORDERLY DEVELOPMENT
Development which is reasonably expected to commence based on approved plans and permits within 30 days of the clearing and grubbing of the site, said construction to be undertaken on a minimum regular work schedule of eight hours per day, 40 hours per week.
INDOOR THEATER
An enclosed building or movie house where motion pictures or live performances are shown to the public, excluding drive-in theaters or any other accessory use.
INSPECTOR
An employee of the Allegheny County Health Department authorized and designated by the Director of such Department; the Township of Pine's Manager, Assistant Manager, Solicitor, Director of Code Administration and Land Development and/or Code Enforcement Officer; an employee of the Pine-Marshall-Bradfordwoods Joint Police Force authorized by the commanding officer of such police force; or other persons designated by the Board of Supervisors of the Township of Pine to inspect premises regulated under this chapter, to cooperate in taking the required actions authorized by this chapter where violations are found on a premises and to request correction of unsatisfactory conditions found on a premises.
JUNK VEHICLE
Any vehicle meeting the definition of abandoned or junked motor vehicle of Chapter 134 of the Township Code.
JUNKYARD
Any lot where waste or discarded materials are stored, processed or sold.
KENNEL
Any dwelling, building, structure, lot, land, or establishment not otherwise meeting this section's definition of "indoor kennel" and where more than four dogs, four cats, or four other domesticated animals typically kept as pets (or any combination thereof exceeding a total of four such animals) of six months in age or older are kept, bred, trained, or boarded (whether or not for profit).
[Amended 3-16-2009 by Ord. No. 348]
KENNEL, INDOOR
Any dwelling, building, structure or establishment where more than four dogs, four cats or four other domesticated animals typically kept as pets (or any combination thereof exceeding a total of four such animals) of six months in age or older are kept, bred, trained, or boarded (whether or not for profit) exclusively within an enclosed dwelling, building, or structure. An indoor kennel shall not be construed to be within the definition of "kennel" otherwise contained in this section.
[Added 3-16-2009 by Ord. No. 348]
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
LAND DEVELOPMENT PLAN
The graphic and written presentation conforming to the requirements of Article IV of Chapter 78 of the Township of Pine Code, specifically delineating the proposed development of a site.
LANDING AREA (FORESTRY OR LOGGING)
A designated location on land where the harvested timber, including logs, pulpwood, or firewood, is assembled for transportation off-site to processing facilities.
LANDING AREA (HELIPORT)
Any area used, or intended to be used, for the landing, taking off or surface maneuvering of aircraft.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land. The signature of any single landowner holding land in joint tenancy shall be considered as binding upon the others.
LIFE CARE COMMUNITY
A corporation or association or other business entity that, in exchange for the payment of entrance and monthly fees, provides:
A. 
Residential accommodations meeting the minimum standards for residents set forth by law and ordinances and providing a design to meet the physical, social and psychological needs of older people;
B. 
Medical and nursing care covering, under ordinary circumstances, the balance of a resident's life;
C. 
Prepaid medical consultation opportunities through independent professionals selected by the organization or through some equivalent arrangement; or
D. 
Financial self-sufficiency, not dependent on outside support to any significant degree, with entrance and monthly fees adjusting to meet changing costs.
LIGHT MANUFACTURING, RESEARCH AND TESTING
Any manufacturing or industrial processing which, by the nature of the materials, equipment and process utilized, is predominantly clean, quiet and free of any objectionable or hazardous element and which is not objectionable by reason of odor, noise, vibration, cinders, gas, fumes, dust, smoke, refuse matter or water-carried waste.
LOADING SPACE
A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks and having minimum dimensions of 12 feet by 50 feet and a vertical clearance of 14 feet.
LOCAL STREET
A local street is intended to provide immediate access to adjoining properties and land uses. Local roads are intended to provide transportation access within a particular neighborhood or to provide access to an arterial, collector, or access drive.
LOGGING OPERATOR
Any individual, partnership, company, firm, association, or corporation engaged in logging or timber harvesting, including agents, subcontractors, and employees thereof.
LOGGING OR TIMBER HARVESTING
The practice or operation of felling trees, cutting them into logs and selling them, or transporting the logs to sawmills or to market, or milling or otherwise processing them on-site for transportation off-site or resale. Such practices or operations are a permitted use in all zoning districts.
LOP
The process of cutting the tops of trees and slash into smaller pieces to allow the material to settle close to the ground.
LOT
A designated or engineered parcel, tract, or area of land, established by a plat or otherwise as permitted by law, and to be used, conveyed, sold, developed or built upon as a unit.
LOT AREA
The area of a lot on which a building and its accessories are located, provided that the area shall be measured to the street right-of-way line only, and not including any part of an alley or areaway used in common with the owner or occupier of other lots.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF
The average distance to the rear lot line from the front lot line or the street right-of-way line, whichever is lesser.
LOT, FRONTAGE
The unbroken length of the front lot line, measured at the right-of-way line, which is contiguous to a public street or private road.
LOT, WIDTH OF
The horizontal distance between side lot lines at the building setback line.
MEDICAL CLINIC
A structure or portion of a structure used by physicians, surgeons, dentist, chiropractor, optometrist, psychologist, psychiatrist, or similar professional. Medical clinic shall not include a structure or portion of a structure used by an alcohol rehabilitation clinic, methadone treatment facility, or veterinarian.
MEDICAL MARIJUANA ACT
Act 16 of 2016, 35 P.S. § 1023.101 et seq.
[Added 3-15-2021 by Ord. No. 393]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, registered by the Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
[Added 3-15-2021 by Ord. No. 393]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, registered by the Department of Health under the Medical Marijuana Act to grow and/or process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
[Added 3-15-2021 by Ord. No. 393]
METHADONE TREATMENT FACILITY
A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance, or detoxification of persons.
MICRO-WIRELESS COMMUNICATIONS FACILITY
A wireless communication facility (WCF), including those deployed aerially between utility poles or similar fixtures, and having dimensions no greater than 24 inches in length, 15 inches in width, and 12 inches in height, and an exterior antenna of no greater than 11 inches in length.
[Added 3-15-2021 by Ord. No. 393]
MINIMUM FUNCTIONAL HEIGHT
The minimum height necessary for wireless communications facility (WCF) to fill a gap in coverage.
[Added 3-15-2021 by Ord. No. 393]
MINOR
A person under 18 years of age.
MIXED-USE
A development or redevelopment of a structure or group of structures for the purpose of allowing a mix of uses that are permitted within the zoning district of the same structure or group of structures.
MOBILE FOOD VENDOR
A food establishment preparing and/or serving foods from a self-contained vehicle, either motorized or within a trailer, on public or private property and that is readily movable, without disassembling, for transport to another location.
[Added 3-15-2021 by Ord. No. 393]
MOBILE HOME
A transportable, single-family dwelling which may be towed on its own running gear and which shall be affixed to real estate used for residential purposes and constructed with the same, or similar, electrical, plumbing and sanitary facilities as immobile housing.
MOBILE HOME LOT
A designated portion of a mobile home park parcel of land, planned and improved for the placement of one mobile home in nontransient use, with the utility connections, patio and other appurtenances necessary for occupants and required by law and this chapter.
MOBILE HOME PARK
A parcel of land under single ownership containing two or more mobile home lots in which each such lot has been planned and improved for the placement of one mobile home for nontransient use.
MOBILE HOME PARK PERMIT
Written approval, in whatever form, as issued by the Allegheny Health Department and the Township of Pine, authorizing a person to operate and maintain a mobile home park.
MONOPOLE
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support nontower WCF and connecting appurtenances.
[Added 2-2-2015 by Ord. No. 373]
MORTUARY
A building which is operated by a duly licensed mortician and which is exclusively used for the preparation of dead bodies for burial or cremation.
MOTEL OR HOTEL
A building or group of buildings consisting of two or more living or sleeping quarters used independently of each other and used principally for commercial overnight accommodations.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended December 21, 1988, P.L. 1329, No. 170, and as thereafter amended.[3]
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
[Added 3-15-2021 by Ord. No. 393]
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
[Added 3-15-2021 by Ord. No. 393]
NATURE PRESERVE
A parcel of land devoted exclusively for the preservation of existing natural resources and natural animal habitats.
NIGHTCLUB
An establishment primarily for evening, late-night to early morning entertainment, that typically serves food and/or alcoholic beverages, and may provide either live or prerecorded music or video, comedy acts, floor shows, with or without the opportunity for dancing. A nightclub may not include any aspects of adult entertainment or an adult-oriented establishment, as either are elsewhere defined and regulated in this chapter.
[Added 11-16-2009 by Ord. No. 352]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING STRUCTURE
Any structure or part of a structure legally existing at the time of the enactment of this chapter or any of its amendments which does not conform to the provisions of this chapter.
NONCONFORMING USE
Any use or arrangement of land or structure legally existing at the time of enactment of this chapter or any of its amendments which does not conform to the provisions of this chapter.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
All nontower wireless communications facilities, including, but not limited to, nontower WCF and related equipment. Nontower WCF shall not include support structures for nontower WCF or any related equipment that is mounted to the ground or at ground-level.
[Added 2-2-2015 by Ord. No. 373]
NURSERY
An area where trees, shrubs, or plants are grown for transplanting, for use as stocks for budding or grafting, or for sale.
NURSING HOME
A building or buildings specially equipped for and licensed by the state for the care of the sick or aged, including a life care community.
OCCUPANCY PERMIT
The document issued by the Zoning Officer authorizing the use of the land or the occupancy of a structure.
OFFICES
A use, which is devoted exclusively to businesses or professional services, excluding industrial activities. An office use may include a manager's office and living space within the building containing the office(s), if such office and living space is used by an individual or family to manage or maintain multiple office areas. Employees without management or maintenance responsibilities and/or cleaning or custodial personnel shall not be eligible for the use of a manager's office and living space area(s).
[Amended 11-16-2009 by Ord. No. 352]
OIL and GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling an oil or gas well.
[Added 3-15-2021 by Ord. No. 393]
OIL AND GAS DEVELOPMENT
The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production, gathering, and transportation of oil and gas. This definition includes exploratory and storage wells, but does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
[Added 3-15-2021 by Ord. No. 393]
OIL OR GAS WELL
A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal.
[Added 3-15-2021 by Ord. No. 393]
OIL OR GAS WELL SITE
A location at which oil and gas development occurs and including a location where facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well are to be utilized. This definition also includes exploratory and storage wells.
[Added 3-15-2021 by Ord. No. 393]
OPERATOR
The person or entity designated as the oil or gas well operator on the permit application or well registration for an oil and gas development or a natural gas compressor station or a natural gas processing plant.
[Added 3-15-2021 by Ord. No. 393]
OUTDOOR ADVERTISING SIGN
Any writing, printing, painting, display, surface, fabric, emblem, drawing, electronic display, computerized display or other device designed to convey information visually, be viewed by the public and intended to convey a message unrelated to the premises where such sign is located or to advertise products or services other than those which are sold or otherwise made available on the premises where the sign is located; and including the structure supporting such sign.
OUTDOOR FIREPLACE
Outdoor fireplaces are site constructed, stationary and permanent in nature, solid-fuel or natural gas burning, and may be constructed of stone, brick, concrete, clay, or other noncombustible material. An outdoor fireplace will typically have a hearth, firebox, and chimney or stack.
[Added 3-15-2021 by Ord. No. 393]
OWNER
A person or entity, who owns, manages, leases, operates, controls or possesses an oil or gas well or a natural gas compressor station or a natural gas processing plant.
[Added 3-15-2021 by Ord. No. 393]
PARK (or DEDICATED OPEN SPACE or RECREATION LAND)
A parcel of land integrated within a subdivision or land development that is dedicated, either publicly or privately, specifically for use as a park, open space and/or active recreation area.
PARK AND RIDE FACILITY
A facility designed for patrons to park their private vehicle and transfer to other private or public transportation.
PATIO HOME
A single-family dwelling, which includes a master bedroom suite on the first (ground) floor, along with the cooking, eating, and living areas. Patio homes shall have an attached garage of sufficient size for two vehicles.
PENNSYLVANIA UNIFORM CONSTRUCTION CODE
The Uniform Construction Code applying to the construction, alteration, repair, movement, equipment, removal, demolition, location, maintenance, occupancy or change of occupancy of every building or structure which occurs on or after April 9, 2004, and all existing structures that are not legally occupied, including, but not limited to: The provisions of Chapters 2-29 and 31-35 of the International Building Code, the ICC Electrical Code, the International Mechanical Code, the International Fuel Gas Code, the International Plumbing Code, the International Residential Code, the International Fire Code, the International Energy Conservation Code, Sections AE501-AE503 and AE601-AE605 of Appendix E of the International Residential Code, the International Existing Building Code, the International Urban-Wildland Interface Code, Appendix E of the International Building Code, Appendix H of the International Building Code and Appendix G of the International Residential Code.
PERENNIAL STREAMS
Blue-lined streams as designated on the United States Geological Survey (USGS) mapping, and further defined as a nonintermittent flow of water that supports or is capable of supporting year-round aquatic fauna.
PERMITTEE
Any property owner, or individual, partnership, company, firm, association, or corporation representing a property owner.
PINE CODE
The Code of the Township of Pine, which constitutes a codification of the complete body of the ordinances of the Township, as such is amended from time to time.
PLACES OF WORSHIP
A semipublic use, including any of the following: church, manse, rectory, convent, synagogue, parish, school or similar building incidental to the particular use; but this term does not include business offices, except administrative offices incidental to the operation of the particular use, rescue missions or the occasional use for religious purposes of properties not regularly so used.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by the landowner to be developed as a single entity for a number of dwelling units, the development plan for which does not comply with the required size of lots, bulk or type of buildings, density, building or lot coverage or open space regulations established in any one residential district created under the provisions of this Chapter 84, Zoning, as amended from time to time.
PLANNING COMMISSION
The Township of Pine Planning Commission.
PLAT
The map or plan of a subdivision or a land development, whether preliminary or final.
POINT OF INTEREST
A point of hydrologic and hydraulic importance used for computing a release-rate percentage. These may include points of stream confluences, an existing obstruction or problem area or other similar points.
POLE-MOUNTED/SHARED USE COMMUNICATIONS FACILITY
Any antenna used for the transmission or reception of any radio wave or radio signal, which is to be mounted upon a preexisting steel or metal electrical transmission tower owned or operated by a public utility.
PREAPPLICATION
A submittal prior to application for preliminary plan and final plan approvals for all planned residential developments and for subdivisions and land developments greater than 10 acres in size, requiring resource inventory mapping and a sketch plan.
PROPERTY OWNER or LANDOWNER (FORESTRY OR LOGGING)
Any individual, partnership, company, firm, association, or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer the logging or timber harvesting.
PUBLIC AND SEMIPUBLIC USES
Uses operated by the public or semipublic body such as schools, public libraries, public safety buildings, museums, public meeting halls and community centers. This definition shall not include hospitals and continuing care facilities.
PUBLIC UTILITY
A business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, as such is specifically defined within Pennsylvania's Public Utility Code, 66 Pa.C.S.A. § 102.
REASONABLE TIME
The phrase "a reasonable time," when referencing seeding of disturbed areas, shall be interpreted to be within 14 days after grading activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within 14 days of April 1.
RECREATION AREA, ACTIVE
Any area required by a provision or provisions of the applicable development requirements, which includes recreational land, and recreational facilities, and amenities associated therewith.
RECREATION AREA, PASSIVE
Any area required by a provision or provisions of the applicable development requirements, which does not necessarily contain active recreation facilities.
RECREATION FACILITIES
Land and structures which are privately or commonly owned and which are devoted to outdoor recreational or athletic purposes, including active recreation areas within developments, country clubs and golf courses, none of which use artificial lighting to extend play of golf or other recreational activity after daylight hours. Recreational facilities also include riding stables and other private noncommercial outdoor recreation areas and facilities or recreation centers, including but not limited to community or club swimming pools, tennis courts and ballparks, but excluding entertainment facilities as hereinbefore defined.
RECREATIONAL VEHICLE
A vehicle or attachment to a vehicle which is designed for human habitation only under transient circumstances, such as camping, traveling or other leisure-time activities, or any other recreational equipment, such as a boat and its trailer.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or nontower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
[Added 2-2-2015 by Ord. No. 373]
RELEASE RATE
The release-rate percentage defines the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after development. It applies uniformly to all land developments or alterations within a subarea, and the post-development rate of runoff discharging from each outfall of the development site cannot exceed the release-rate percentage for the subarea in which it is located.
RELEASE-RATE PERCENTAGE
The percentage of predevelopment peak rate of runoff from a watershed subarea.
RESIDENTIAL FLOOR AREA
The interior floor area of a dwelling unit, including stairways, halls and closets, but not including basements, porches, carports, or garages.
RESOURCE INVENTORY
An inventory of existing natural features of the site, submitted on a scaled drawing, that illustrates slopes; woodlands and other existing vegetative cover; streams, ponds and other watercourses; wetlands; and other significant historical and cultural features of the site. The Resource Inventory shall include the requirements set forth in the development and design standards of Chapter 78.
RESTAURANT
An establishment where food is prepared and available to the general public, for a determined compensation, primarily for consumption within a structure on the premises and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.
RESTAURANT, DRIVE-THROUGH
An establishment where food, soft drinks, ice cream and similar confections are sold for principal consumption outside the confines of the principal building or in automobiles, regardless of whether or not seats are provided for patrons.
RETAIL SALES AND SERVICE
The sale, provision of service or on-premises incidental production or assembly of general merchandise to the general public for direct use or consumption, but not including the sale to another business for resale purposes.
RIGHT-OF-WAY
The shortest total width between lines delineating any land reserved or dedicated as a street, crosswalk or for other public purposes.
SCHOOL
Any public, private or parochial place of instruction, not including institutions of higher learning, having regular sessions, with regularly employed instructors, which teaches those academic subjects that are fundamental and essential in general education and which provide pre-primary and/or kindergarten through 12th grade, or a vocational school, all meeting the requirements of the Department of Education of the Commonwealth of Pennsylvania, but excluding any privately operated school of trades, vocations, avocations or business.
SEDIMENT BASIN
A barrier or dam built at a suitable location to retain rock, sand, gravel, silt, or other material.
SINGLE-FAMILY, ATTACHED DWELLING
Two or more adjoining dwelling units each on their own lot, each of which is separated from the others by one or more unpierced walls extending from ground to roof.
SINGLE-FAMILY, DETACHED DWELLING
A dwelling designed for and occupied by not more than one family and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.
SITE PLAN (FORESTRY OR LOGGING)
A graphic and narrative depiction of the land and practices involved in a logging or timber-harvesting operation and including all information required by this chapter.
SKIDDING
The process of dragging trees on the ground, by any means necessary, from the harvest area to the landing area.
SKID TRAIL
The trail, path, temporary roadway, or any other unencumbered route, utilized by the logging operator to move felled trees from the harvest area to the landing area.
SLASH
The woody debris left on the land after timber harvesting, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
SLOPE
The degree of rise or descent of the land surface calculated by dividing the number of feet of vertical rise/descent in elevation by the number of feet of horizontal distance, expressed as a percentage.
SLOPE, STEEP
Any land area with a grade that exceeds four horizontal to one vertical or 25%.
SMALL WIRELESS COMMUNICATIONS FACILITY (SWCF)
A. 
A wireless communications facility, including micro-wireless communications facilities, commonly used for the deployment of the next generation of wireless service, including 5G that meets the following conditions:
[Added 3-15-2021 by Ord. No. 393]
(1) 
The structure on which antenna facilities are mounted:
(a) 
Is 50 feet or less in height; or
(b) 
Is no more than 10% taller than other adjacent structures; or
(c) 
Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and
(2) 
Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
(3) 
All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and
(4) 
The facility does not require antenna structure registration under FCC regulations; and
(5) 
The facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) 
The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.
SOLICITOR
The Township of Pine Solicitor.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, nontower WCF and other facilities which render them more visually appealing or blend the proposed facility into existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted nontower WCF, building-mounted nontower WCF painted to match the existing structure and facilities constructed to resemble trees, shrubs and light poles. The Township administration is authorized to publish objective standards for stealth technology to ensure that the established character of the Township is maintained.
[Added 2-2-2015 by Ord. No. 373; amended 3-15-2021 by Ord. No. 393]
STORAGE WELL
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
[Added 3-15-2021 by Ord. No. 393]
STORM SEWER
A sewer that carries intercepted surface runoff, street water and other wash waters or drainage, but excludes domestic sewage and industrial wastes.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff from a specific development site.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET
A strip of land, public or private, including the entire right-of-way, not limited to the roadway, intended for general use as a means of vehicular and pedestrian circulation to provide access to more than one lot. "Street" is synonymous with the words "avenue," "road," "highway," "drive," "lane" and other similar words.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, outdoor advertising signs, swimming pools, backstops for tennis courts and pergolas; provided, however, that a boundary fence (as defined in this chapter) shall not constitute a "structure" only insofar as is necessary to exempt it from the general front, rear, and side yard setback regulations of the zoning district in which the boundary fence is located.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
[Added 2-2-2015 by Ord. No. 373]
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing nontower WCF; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SWIMMING POOL
A man-made enclosure, designed to impound water for the purpose of creating depth of water suitable for swimming, or other types of water recreation or therapy, including but not limited to water slides, lap pools, whirlpools, soaking tubs, or hot tubs.[4]
TOP
The upper portions of a felled tree that is unmarketable because of small size, taper, or defect.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting one or more nontower WCF, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 2-2-2015 by Ord. No. 373]
TOWNSHIP
The municipal government or the land within the geographical boundaries of the Township of Pine, Allegheny County, Pennsylvania, depending upon context.
TOWNSHIP ENGINEER
The official Township Engineer or engineering consultant of the Township.
TRADE SCHOOL
Any school having regular sessions with regularly employed instructors which, as a principal activity, provides training in a trade or vocation and which also provides instruction in those subjects that are fundamental and essential to elementary or secondary education, under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body or a corporation meeting the same requirements of the commonwealth.
TREE OF SIGNIFICANCE
Any tree or a group of trees with a minimum twelve-inch diameter at breast height (DBH).
VEHICLE REPAIR STATION
A structure used for the repair, collision repair, painting, rebuilding or reconditioning of motor vehicles or parts thereof, including, but not limited to automobiles, boats, recreational vehicles, and motorcycles.
VEHICLE SALES
Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers, all terrain vehicles, boats, or similar vehicle, but not including any repair work other than warranty and other repair service conducted as an accessory use within structures approved for such activity on the premises. A permanent sales office building shall be located on the same lot as the vehicle sales. Vehicle sales shall not include new or used automotive dealerships.
VEHICLE SALVAGE
The dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
VEHICLE SERVICE STATION
Any building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the following activities:
A. 
Retail dispensing or sales of automobile fuels.
B. 
Retail dispensing or sales of automobile lubricants, including oil changing and chassis lubrication where substantial disassembly is not required.
C. 
Retail dispensing or sales of automobile coolants.
D. 
Hand or machine washing in a single bay auto wash.
E. 
Incidental repair or replacement of parts, such as windshield wiper blades, lights bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like.
F. 
Vehicle wrecking, vehicle repair, muffler/exhaust systems, parking or storing of vehicles for hire, and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of a vehicle service station.
VEHICLE STORAGE
Any outdoor area used for the storage of vehicles.
VETERINARY SERVICES
The services supplied by a doctor of veterinary medicine.
WAREHOUSE
A structure used for the acceptance of bulk deliveries, storage of the delivered items, and/or redistribution of delivered items.
WAREHOUSE SALES
The acceptance of bulk deliveries, storage of the delivered items, and/or redistribution of delivered items. The operations described herein shall include both those conducted as a wholesale business or as a retail business.
WATERSHED STORMWATER MANAGEMENT PLAN or WATERSHED PLAN
The plan for managing stormwater runoff throughout a designated watershed adopted by Allegheny County as required by the Pennsylvania Stormwater Management Act.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.)
[Added 2-2-2015 by Ord. No. 373]
WETLANDS
In accordance with the definitions/regulations established by the United States Army Corps of Engineers and the United States Environmental Protection Agency, areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturate soil conditions, including swamps, marshes, bogs and similar areas.
WINERIES
An area devoted to the growing of grapes or other fruit and the process of fermenting the product into wine. Wineries shall also include the structures or areas provided for the tasting or sale of the wine so long as such areas are on the same site as the products grown.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 2-2-2015 by Ord. No. 373]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The nontower WCF, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added 2-2-2015 by Ord. No. 373]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
[Added 2-2-2015 by Ord. No. 373]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
[Added 2-2-2015 by Ord. No. 373]
WOODLANDS
A community of plants characterized by areas, groves, or stands of trees. Area measurements of woodlands shall be understood to include the canopy. It shall be further defined as an area or stand of trees whose combined canopy is 1/2 acre or more in extent and consists of at least 50% of canopy trees with a diameter at breast height (DBH) of three inches or more.
YARD
An open, unoccupied space, on the same lot with a structure, open and unobstructed from the ground to the sky, except as otherwise provided herewith.
YARD, FRONT
A yard across the full width of the lot, measured in depth from the street right-of-way line to the nearest point of the building on the lot. Lots that front on two streets shall provide the minimum front yard setback from both streets.
YARD, REAR
A yard across the full width of the lot, measured in depth from the rear property line of the lot to the nearest point of the building on the lot. The rear yard is typically opposite the front yard, however, lots shall only be required to provide one rear yard regardless of the number of front yards.
YARD, SIDE
A yard along the full depth of the lot, measured in depth from the side property line(s) of the lot to the nearest point of the building on the lot.
ZONING DISTRICT MAP
The Zoning Map or Maps of the Township, together with all amendments subsequently adopted.
ZONING OFFICER
The Zoning Officer or his authorized representative appointed by the Supervisors to administer the Township of Pine Zoning and Subdivision Ordinances. For the purposes of this chapter, the Zoning Officer may also be referred to as or include the Code Enforcement Officer, and/or the Director of Code Administration and Land Development.
[1]
Editor’s Note: The former definitions of "communications facility" and "communications tower," which immediately followed this definition, were repealed 2-2-2015 by Ord. No. 373.
[2]
Editor's Note: See 32 P.S. § 679.101.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor’s Note: The former definition of "telecommunications equipment," which immediately followed this definition, was repealed 2-2-2015 by Ord. No. 373.