Specific words and phrases defined. Certain words
and terms in this chapter are to be interpreted as follows:
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within the Commonwealth of Pennsylvania
that operates or partners with an acute care hospital licensed within
the commonwealth.
[Added 3-13-2017 by Ord.
No. 529]
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar structures.
[Added 7-17-2018 by Ord.
No. 546]
ACCESSORY STRUCTURE
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure. All attached structures
are considered part of the principal building.
ACCESSORY USE
A use that is:
(1)
Clearly incidental to and customarily found
in connection with a principal building or use;
(2)
Subordinate to and serves a principal building
or a principal use;
(3)
Subordinate in extent or purpose to the principal
building or principal use served;
(4)
Contributes to the comfort, convenience or necessity
of occupants, business or industry in the principal building or principal
use served; and
(5)
Located on the same lot as the principal building
or use served.
ALTERATION, STRUCTURAL
A change or rearrangement in the supporting members of a
building or structure such as bearing walls, columns, beams or girders,
and changing rooflines. The application of any exterior siding to
an existing building for the purpose of beautifying and modernizing
shall not be considered a structural alteration.
ANIMAL PEN/SHELTER
A structure intended to house animals, maintained solely
for the enjoyment of a family residing on the same lot on which the
pen/shelter is located.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 7-17-2018 by Ord.
No. 546; amended 12-17-2019 by Ord. No. 559]
APARTMENT BUILDING
Two or more dwelling units under one roof, each containing
sleeping, living, kitchen and bath areas or facilities, with each
dwelling unit being either occupied by the owner, rented to tenants
on a nontransient basis (unlike a hotel, efficiency hotel or motel),
or owned either in a cooperative (co-op) or condominium ownership
arrangement.
[Amended 10-12-2004 by Ord. No. 453]
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of the building height
measurement if the vertical distance between the ceiling and the average
level of the adjoining ground is more than six feet or if used for
business or dwelling purposes. See "cellar."
BASE STATION
A station at a specified site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
[Added 7-17-2018 by Ord.
No. 546]
BED-AND-BREAKFAST INN
A house or portion thereof where short-term lodging rooms
and breakfasts are provided to overnight guests. The owner or operator
of the inn shall live on the premises. See "boarding- or rooming house."
BITUMINOUS CONCRETE BATCH PLANT
An operation which combines asphalt or bituminous materials
and aggregates and heat to manufacture a bituminous seal coat or bituminous
concrete product.
BLOCK
The length on one side of a street between two street intersections.
BOARDING- OR ROOMING HOUSE
A dwelling having the capacity and intended for two or more
persons to be sheltered and/or fed for profit in the home of the resident
owner. See "bed-and-breakfast inn."
BUFFER STRIP
A strip of land at least 15 feet in width which may be part
of the minimum setback distance with the exception that the buffer
must be left in its natural state and may not be paved or used for
parking. The buffer must be free of any principal or accessory building
or required improvement other than screening. If no natural buffer
exists, one may be installed, such as evergreens. See "screening"
and "setback."
BUILDING
Any structure having a roof supported by columns, piers or walls, including commercial tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports. (See §
155-10B.)
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished grade at the perimeter of the building to the highest
point of the roof. At least 51% of the building area must meet the
building height requirements of this chapter.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. All yard requirements are measured
to the building line.
BUILDING WALLS AND PORCHES
The walls of a building include the front wall nearest to
and facing on the front street line on the lot on which said building
has been or is to be erected, and the side and rear walls nearest
to and facing on the side and rear lot lines, respectively.
BULK FUEL STORAGE FACILITY
A facility where fuel is stored in bulk for sale and/or distribution
and/or redistribution to customers off site. A fuel storage facility
storing more than 1,000 gallons of fuel for sale and/or distribution
and/or redistribution to off-site customers shall be considered a
bulk fuel storage facility. A bulk fuel storage facility shall also
include a bulk fuel terminal. A motor vehicle service station, convenience
store and/or gas station shall not be considered a bulk fuel storage
facility.
[Added 9-8-2008 by Ord. No. 469]
BUSINESS
An enterprise, exchange of money, contract, occupation, trade
or profession engaged in, either continuously or temporarily, for
profit. The term "business" shall include the occupancy or use of
a building or premises or any portion thereof for the transaction
of a business or the rendering or receiving of professional or personal
service.
CAMP, TRANSIENT
A business offering sanitary facilities and space for the
pitching of tents or the transient parking of camping trailers. Such
business shall not rent or sell tents or trailers or permit the parking
or storage of occupied or unoccupied mobile homes, nor shall it include
any eating facilities other than in an enclosed snack bar or lunch
counter.
CANOPY
A structure other than an awning made of fabric, metal, or
other material that is supported by columns or posts affixed to the
ground and may also be connected to a building.
[Amended 7-17-2018 by Ord. No. 548]
CARTWAY
The graded portion of a street or alley including the traveled
way and shoulders.
CELLAR
A portion of a building partly or completely underground
and having more than 1/2 of its interior height measured from floor
to finished ceiling below the average finished grade of the ground
adjoining the building. See "basement."
CEMETERY
A place for the disposal or burial of deceased pets or human
beings, by cremation or in a grave, mausoleum, vault, columbarium
or other receptacle, but the term does not include a private family
cemetery.
CHURCHES AND SIMILAR PLACES OF WORSHIP
The use of land and structures for religious worship, education
and related activities, including chapels, cathedrals, temples, synagogues
and the like. Incidental and accessory uses to churches and similar
places of worship may include a gymnasium, playground, parsonage for
active clergy, monastery for active monastics and/or an athletic field.
[Added 11-10-2008 by Ord. No. 473]
CLUSTER COMMERCIAL DEVELOPMENT
A form of tourist development project located in the Tourist
Development Project District where the buildings, structures, improvements
and facilities are located closely together to increase open space
and common recreation and entertainment space within a tourist development
project.
[Added 2-20-2018 by Ord.
No. 542; amended 4-23-2019 by Ord. No. 549; 10-15-2019 by Ord. No. 557]
CLUSTER DEVELOPMENT
A form of planned residential development where the principal
buildings are single-family dwellings, grouped relatively closely
together in order to increase the amount of open space held in common,
and the lots, if any, are smaller in size than prescribed for the
district in which they are located but conform to the overall density
requirements for the zoning district in which they are located.
CO-LOCATION
The mounting of one or more WCFs, including antennae, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 7-17-2018 by Ord.
No. 546; amended 12-17-2019 by Ord. No. 559]
COMMERCIAL CAMP
A business such as a summer camp or sports camp offering
tent, cabin or similar seasonal nonpermanent accommodations, eating
facilities, sanitary facilities and recreational and/or educational
facilities, open to the public at large or any segment of the public
on other than a transient basis.
COMMERCIAL RESORTS
A business combining lodging, eating and recreational facilities
as a single enterprise and offered to the public.
COMMERCIAL STABLE
A business involving the receipt of compensation for the
hire, sale, boarding, riding or showing of horses, mules and ponies.
COMMERCIAL SURFACE MINING
A business for the removal of minerals, earth, sand, gravel,
topsoil, peat and stone from a property for utilization on any other
property for profit.
COMMISSION
The Tobyhanna Township Planning Commission.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
thereof within a development designed and intended for the use and
enjoyment of residents of such development, not including streets,
parking areas, private yard space of lots, and areas set aside for
public utilities. Common open space shall be substantially free of
structures but may contain such improvements as approved on the final
plan, primarily for the recreational use by residents. See "open space."
CONSTRUCTION
The erection, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor regulation
and which complies with the provisions for "consumer fireworks" as
defined in the American Pyrotechnics Association ("APA") Standard
87-1, including but not limited to Sections *3.1 and *3.5, or any
successor standard. The term does not include devices such as "ground
and handheld sparkling devices" as defined in APA Standard 87-1, Section
*3.1.1, "novelties" as defined in APA Standard 87-1, Section *3.2.
or "toy caps" as defined in APA Standard 87-1, Section *3.3.
[Added 7-17-2018 by Ord.
No. 547]
CONVENIENCE MART
Any retail establishment offering for sale prepackaged food
products, household items, self-service gasoline or other goods commonly
associated with the same and having a gross floor area of less than
5,000 square feet.
COUNTRY RESORT
A boutique resort with no more than 100 guest rooms which
includes guest cottages, an inn and/or hotel. The resort may also
include single-family and duplex residential units for management
and employees as needed. Accessory uses may include conference centers,
restaurants, bars, retail and gift shops, spa, indoor and outdoor
recreation facilities, and event venues. Activities authorized on
the resort may include, but are not limited to, hiking, biking, tennis,
pickle ball, camping, hunting, fishing, equestrian activities, paddling,
ice skating, cross-country skiing, religious ceremonies, farming,
and those related to agritourism. Additional structures such as, but
not limited to, gatehouses, barns, stables, helipads, photovoltaic
arrays, and maintenance buildings are authorized to support permitted
uses.
[Added 5-2-2022 by Ord. No. 568]
COUNTY
The County of Monroe, Commonwealth of Pennsylvania.
CRAWL SPACE
An enclosed portion of a building or an open pier area not
exceeding six feet in height from floor to ceiling, located below
the first occupied floor of a building and not used for business or
dwelling purposes. A crawl space shall not be counted as a story for
the purpose of building height measurement.
CRUSHER PLANT
An operation which, through machinery, accepts commercially
mined products and crushes them to various sizes for the purpose of
resale or use by the operator.
DAY-CARE CENTER
A facility which cares for seven or more children or elderly
persons for periods of less than 24 hours per day at any hours of
any day of the year. See "family day-care home."
DECK
A platform in excess of four feet by five feet or 20 square
feet in area at a front, side or rear door and attached to the structure.
It should not be construed to include an unattached accessory structure,
such as a swimming pool deck.
DENSITY, AVERAGE
When referring to planned residential development, the total
number of dwelling units, proposed or existing, divided by the total
area (expressed in acres) of the development.
DENSITY, GROSS
When referring to residential districts, the maximum number
of dwelling units per acre of land.
DEVELOPER
Any landowner or agent thereof, or tenant or equitable owner
under an agreement of sale having the permission of the landowner,
who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
DEVELOPMENT SALES OFFICE
Any structure erected within the confines of a subdivision
for use by the owner or developer of the subdivision as an office
on a short-term basis for the promotion of sales of real estate exclusively
within the confines of the subdivision, with ultimate use of the structure
to conform to, and receive Township approval as, a permitted use,
special exception or conditional use in the district in which the
structure is located.
DISPLAY FIREWORKS
Defined as more fully set forth in 27 CFR 555.11 (meaning
of terms), which is incorporated herein by reference which meets the
types of display fireworks devices set forth in the APA Standard 87-1,
Section *4.1 which comply with requirements for display fireworks
set forth in AP Standard 87-1.
[Added 7-17-2018 by Ord.
No. 547]
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 7-17-2018 by Ord.
No. 546]
DISTRIBUTION CENTER
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle. Breakdown of large orders from a
single source into smaller orders and consolidation of several orders
into one large one for distribution to several recipients and vice
versa are often part of the function of a distribution center. The
functions of distribution centers and warehouses often overlap, but
retail sales, manufacturing and assembly, or product processing, are
not considered part of the distribution process.
[Added 6-15-1998 by Ord. No. 397]
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family or a group of unrelated persons using such
facilities in common. See "family" and "granny unit."
EFFICIENCY HOTEL
A facility operating transient lodging accommodations on
a daily rate for more than six rooms to the general public. Efficiency
hotels have cooking facilities in the individual rooms or suites.
See "hotel" and "motel."
EMERGENCY
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 7-17-2018 by Ord.
No. 546]
ENCROACHMENT
Construction of any building within the boundaries of any
street, setback, watercourse or public or reserved ground shown or
laid out on any official map, Township approved plot plan or set forth
in this chapter.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 12-17-2019 by Ord.
No. 559]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supply or disposal systems and
their essential buildings, excluding communications towers and communications
antennas, as defined herein.
[Added 3-9-1998 by Ord. No. 394]
FAMILY
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended 6-21-1999 by Ord. No. 411]
FAMILY DAY-CARE HOME
A private residence where six or fewer children or elderly
persons receive care or supervision for periods of less than 18 hours
per day at any hours between 6:00 a.m. and 12:00 midnight. See "day-care
center."
FARM
A parcel of land in one ownership that is used primarily
for the commercial, soil-dependent cultivation of agricultural crop
production and/or for the raising of livestock. The term "one ownership"
shall include an individual, corporation, business trust, estate,
trust, partnership, association or two or more persons having a joint
or common interest in the land. A riding stable or tree farm may be
included in a farm.
FCC
Federal Communications Commission.
[Added 7-17-2018 by Ord.
No. 546]
FENCE OR WALL
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land or to be used
as a means of protection or confinement; also, a structure which permanently
or temporarily prohibits or inhibits unrestricted travel between properties
or portions of properties or between the street or public right-of-way
and a property.
FIREWORKS
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4G fireworks
as set forth in the 2003 International Fire Code including, but not
limited to, those compositions or devices defined in APA Standard
87-1.
[Added 7-17-2018 by Ord.
No. 547]
FISHING CLUBS OR CAMPS
A stream or body of water and adjacent area on any bank thereof,
owned or leased by a person or group of persons duly formed as a club,
used principally for fishing, open only to members and guests and
involving no buildings other than those for lodging, eating and sanitary
facilities for members and guests.
FLEA MARKET
A building or open area in which stalls or sales areas are
set aside, and rented or otherwise provided, and which are intended
for use by various unrelated individuals to sell articles that are
either homemade, homegrown, handcrafted, old, obsolete, or antique,
and may include the selling of new or used goods at retail by businesses
or individuals who are generally engaged in retail trade. Rummage
sales and garage sale are not considered to be flea markets.
[Added 3-10-2008 by Ord. No. 462]
FLOOD
The temporary condition of inundation of normally dry land
areas by the naturally or artificially induced flow or overflow of
waters within the Township.
FLOOD AREA
A one-hundred-year floodplain or flood-prone area, including
all waters within the Township, except storm sewers, underground water,
farm ponds and other privately owned ponds of less than five acres
in area.
FLOODPLAIN OR FLOOD HAZARD AREA
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the usual and rapid accumulation
of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The designation area of floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
FRONTAGE
The length of the property line of any one parcel serving
as a public right-of-way line. In the case of corner lots, the shorter
of the two street lines shall be considered as the frontage.
GAMBLING ESTABLISHMENTS
Gaming Establishments include all facilities in which forms
of gaming are conducted as authorized by the laws of the Commonwealth
of Pennsylvania including, without limitation, gaming authorized by:
(i) the Pennsylvania Racehorse Development and Gaming Act, P.L. 572,
No. 71, 4 Pa. C.S.A, § 1101, et seq., as amended from time to
time (the "Racehorse Development and Gaming Act"); and (ii) the Racehorse
Industry Reform Act, P.L. 435, No. 135, 4 P.S. § 325.101, et
seq., as amended from time to time (the "Racehorse Reform Act"). Notwithstanding
the foregoing, for purposes of this Ordinance, the term "Gaming Establishments"
shall not include or encompass facilities or establishments at which
small games of chance are played or facilities participating in any
lottery authorized by the Commonwealth of Pennsylvania.
[Added 3-9-1998 by Ord. No. 396; amended 12-27-2005 by Ord. No.
458]
GAMING HOTEL
A facility comprising one or more buildings on a single tract
of land under common ownership containing not fewer than 250 guest
rooms each of which shall: (i) contain at least 350 square feet of
habitable space measured to the center of perimeter walls, including
bathroom, sleeping, and closet space but excluding hallways and balconies;
(ii) contain a private bathroom facility; (iiii) be available and
used regularly for the temporary overnight lodging of guests in a
facility containing a gaming area licensed pursuant to the Racehorse
Development and Gaming Act; and (iv) be situate in and be part of
a Gaming Resort.
[Added 12-27-2005 by Ord. No. 458]
GAMING RESORT
One or more parcels contiguous of land the development plan
for which contains a Gaming Establishment, a Gaming Hotel, and a combination
of residential and non-residential uses including one or more of the
following principal or accessory uses in addition to the Gaming Establishment
use:
[Added 12-27-2005 by Ord. No. 458]
(1)
Residential uses of all types including, without
limitation, single family detached dwellings, multi-family dwellings,
single family attached dwellings, apartments, and condominiums which
may be owned individually, in fractional ownership, and/or in time
share ownership;
(2)
Commercial indoor recreation and entertainment
facilities;
(3)
Commercial outdoor recreation and amusement
facilities including, without limitation, equestrian, hiking, and
cross-country skiing;
(4)
Golf courses and accessory structures and uses
(such as a clubhouse, driving range, and equipment shop);
(5)
Hotels, gaming hotels, motels, efficiency hotels,
motor lodges, motor courts, and condotels;
(6)
Convention, conference, and meeting centers;
(7)
Restaurants, bars, lounges, and nightclubs;
(9)
Personal service shops and offices;
(10)
Business and professional offices;
(13)
Garages and parking structures;
(18)
Dry cleaning and laundry uses;
(20)
Barber and beauty shops and salons;
(21)
Agricultural, greenhouses, and nurseries;
(25)
Public safety facilities (such as fire, police,
emergency medical services and/or other security and public safety
services);
(27)
Water and sewage treatment plants;
(28)
Tram (gondola format) and/or monorail stations
and towers and shuttle bus terminals and stations; and/or
GARAGE, PRIVATE
An enclosed building accessory to a residence which provides
for storage of motor vehicles and in which no occupation, business
or service is conducted for profit.
GARAGE, PUBLIC
An enclosed building designed and used for the storage, care
or repair of automotive vehicles operated as a business enterprise
with a service charge or fee being paid to the owner or operator for
the parking or storage of privately owned vehicles.
GRADE, FINISHED
The completed surfaces of yards, walks, parking areas and
roads, brought to grades as shown on approved plans.
GRAIN-PROCESSING AND -MILLING OPERATIONS
A light manufacturing use that is carried on within an enclosed
building for the milling and processing of grain, except for off-street
parking and loading facilities and incidental storage. Such use may
include a grain processing mill with accessory structures such as
grain storage elevators, loadout tower, office, warehouse, distribution
and other related facilities which are incidental to the operation
of the processing and milling operations, provided that:
[Added 12-18-1995 by Ord. No. 379]
(1)
Such use must abut and primarily receive products
from a railroad siding;
(2)
The minimum lot size shall be 20 acres, of which
at least 10 acres shall be within Tobyhanna Township; and
(3)
There shall be no structures in excess of 40
feet in height within 1,000 feet from the ultimate right-of-way of
an interstate or state highway.
GRANNY UNIT
A permit-required unit within a dwelling, containing separate
kitchen and plumbing facilities, occupied by anyone of direct lineage
to a member of the family of the owner of the dwelling. Granny units
do not change the character of a single dwelling unit and may not
be rented to the public. See "family" and "dwelling unit, single-family."
GREENHOUSES, PRIVATE
A structure accessory to a residence for the purpose of raising
plants and flowers for the enjoyment of the residents only.
GROSS FLOOR AREA
The sum of the gross horizontal areas of every floor of a
building, measured from the outside face of exterior walls or from
the center line of party or common walls separating two dwelling units.
GUARD SHACK
A building or structure located within a planned community,
together with any associated gates and related equipment, which is
designed, occupied and operated for the purpose of controlling vehicular
access to and from the planned community and public roads.
[Added 10-12-2004 by Ord. No. 448]
HABITABLE FLOOR AREA
That portion of the gross floor area within a building having
a distance between floor and ceiling of at least seven feet for residential
structures and at least 7 1/2 feet for nonresidential structures,
and not including garage or accessory building space.
HEALTH CARE MEDICAL MARIJUANA ORGANIZATION
A vertically integrated health system [a health delivery
system licensed under the Act of July 19, 1979 (P.L. 130, No. 48),
known as the "Health Care Facilities Act," in which the complete spectrum
of care, including primary and specialty care, hospitalization and
pharmaceutical care, is provided within a single organization] approved
by the Commonwealth of Pennsylvania Department of Health to dispense
medical marijuana or grow and process medical marijuana, or both,
in accordance with research under the Pennsylvania Medical Marijuana
Act of 2016, P.L. 84.
[Added 3-13-2017 by Ord.
No. 529]
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
antennas mounted on the tower and any other appurtenances.
[Added 7-17-2018 by Ord.
No. 546]
HOME OCCUPATION
The use or occupation of a portion of a dwelling unit or
accessory structure as an office, studio or work room for purposes
of income or profit by one or more persons residing in the dwelling
unit. The use is accessory and secondary and does not alter the exterior
of the property or affect the residential character of the neighborhood
by the introduction of noise, fumes, obnoxious odors or other nuisance
associated with such home occupation. The home occupation shall not
involve the employment of more than the equivalent of one full-time
person (48 hours per week) not residing in the dwelling unit or the
use of any yard space or outside activity. No home occupation shall
occupy more than 25% or more than 400 square feet of gross floor area
of the dwelling unit, whichever is greater, or more than 600 square
feet of gross floor area in an accessory structure. Lawn mower repair,
small engine repair and automobile repair are not included in this
definition.
HOME PROFESSIONAL OFFICE
The office of a member of a recognized profession when conducted
on residential property; such occupations shall include but not be
limited to those of doctors, lawyers, architects, engineers, artists,
real estate agents, insurance salesmen, barbers, beauticians, financial
planners and other recognized professional persons.
HOMESTEAD LOT
A tract of land where:
[Added 8-17-1998 by Ord. No. 400]
(1)
The tract is presently owned by the same individual
or individuals who have continuously owned the tract since before
the year 1977, which represents the first year zoning was implemented
in Tobyhanna Township;
(2)
If said tract is owned by more than one individual,
each owner is related to the other in any of the following ways:
(b)
As brothers or sisters (by blood or adoption).
(c)
As mothers or fathers (by blood or adoption).
(d)
As sons or daughters (by blood or adoption).
(e)
As grandparents or grandchildren (by blood or
adoption); and
(3)
At least one of said owners, and/or any person related to said owner in any category set forth in Subsection
(2)(b) through
(e) of this definition, have individually or in combination continuously dwelled upon said tract in at least one home, as said person's or persons' primary residence, from before the year 1977 through the present.
HOSPITAL, ANIMAL
An institution specializing in giving clinical temporary
and emergency services of an inpatient or outpatient medical or surgical
nature to animal patients or injured animals and which is licensed
by state law to provide facilities and services for animal surgery,
obstetrics or general medical practice.
HOSPITAL, REGULAR
An institution, including a health care medical marijuana
organization, specializing in giving clinical temporary and emergency
services of an inpatient or outpatient medical or surgical nature
to human patients or injured persons and which is licensed by state
law to provide facilities and services, obstetrics or general medical
practice.
[Amended 3-13-2017 by Ord. No. 529]
HOTEL
A facility offering transient lodging accommodations on a
daily rate for more than six rooms to the general public. There are
no cooking facilities in any individual room or suite of rooms, except
in rooms occupied by the owner or manager. This definition does not
include efficiency hotels, motels, tourist cabins and tourist or trailer
camps. See "efficiency hotel" and "motel."
HUNTING CLUBS AND CAMPS
Lands owned by a person or group of persons duly formed as
a club, used principally for hunting, open only to members and guests
and involving no building other than those for lodging, eating and
sanitary facilities for members and guests.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood; includes areas identified
as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).
INDOOR/OUTDOOR COMMERCIAL RECREATIONAL USE
Indoor and outdoor theaters, nightclubs, art galleries, bowling
alleys, skating rinks, billiard parlors, swimming pools, miniature
golf courses, miniature racecourses, shooting ranges and other facilities
of a similar character. A conditional use permit shall be required
for such uses.
JUNKYARD
A parcel of land on which waste material such as inoperative
vehicles and other machinery are collected, stored, salvaged, sold
or exchanged. An automobile wrecking yard is included in this definition.
A conditional use permit shall be required for such uses.
KENNEL
An establishment licensed to operate a facility housing dogs,
cats or other household pets and where grooming, breeding, boarding,
training or selling of animals is conducted as a business.
LAND DEVELOPMENT
Any of the following activities:
[Amended 6-8-2009 by Ord. No. 481]
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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
(b)
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.
(3)
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10503(1.1).
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.
LOADING SPACE
A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading people, merchandise or materials. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. See §
155-55M, Off-street loading.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The total horizontal area of land enclosed by the boundary
lines of the lot and expressed in terms of square feet or acres. Any
portion of a lot included in a public right-of-way shall not be included
in calculating lot area.
LOT, CORNER
A lot bounded on two or more sides by a public or private
road or street right-of-way.
LOT COVERAGE
That percentage of the lot area covered by a building or
buildings, including all area circumscribed by all building lines.
LOT DEPTH
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
LOT FRONTAGE
The horizontal distance measured along the full length of
a street line abutting the lot line. In the case of corner lots, the
shorter of the two street lines shall be considered as the frontage.
LOT LINE, FRONT
The line of a street on which a lot fronts or abuts. In the
case of corner lots, the shorter of the two street lines shall be
considered as the front lot line.
LOT LINE, REAR
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three lot lines will not have a rear lot line. The
rear setback is measured from the rear point of the lot.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot
line, including a lot line of an offset portion of a lot.
LOT WIDTH
The distance between the side lot lines measured at right
angles to its depth along the front setback line, except for pie-shaped
lots in which case the average distance of the front and rear setback
lines shall be used.
LUMBERING
The cutting of trees for commercial purposes.
MANUFACTURED/MOBILE HOME
A transportable single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers and recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
MANUFACTURED/MOBILE HOME PARK
A parcel of land under single or multiple ownership which
has been planned and improved for the placement of two or more manufactured/mobile
homes for nontransient use.
MANUFACTURING, LIGHT[Added 12-18-1995 by Ord. No.
379]:
(1)
Facilities involving processes carried on entirely
within a fully enclosed building and includes:
(b)
Grain storage, distribution, processing and
milling operations.
(c)
Fabrication, processing, assembly, repair, testing,
packing and/or storage of products made from previously prepared materials,
products, components and parts such as cloth, plastic, food, paper,
glass, leather, stones and electric components.
(d)
Research and engineering testing laboratories.
(e)
Textile and clothing manufacturing.
(f)
Furniture and other wood products production.
(2)
Light manufacturing shall not include:
(a)
Basic industrial processing as defined by industry.
(b)
Processing of raw materials except for the milling
and processing of grain.
(c)
Slaughterhouses or the production of fish or
meat products, sauerkraut, vinegar or the like.
(d)
Rendering of fats and oils.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the Commonwealth
of Pennsylvania to dispense medical marijuana. The term does not include
a health care medical marijuana organization.
[Added 3-13-2017 by Ord.
No. 529]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the Commonwealth
of Pennsylvania to grow and process medical marijuana. The term does
not include a health care medical marijuana organization.
[Added 3-13-2017 by Ord.
No. 529]
MODEL HOUSE
Any structure erected for use as a display to promote the
sale of similar residential structures, which may be utilized on a
short-term basis as an office, with ultimate use of the structure
to conform to a permitted use in the district in which the structure
is located. Such use requires a special exception permit.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
[Added 7-17-2018 by Ord.
No. 546]
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
communications antennas and connecting appurtenances.
[Added 7-17-2018 by Ord.
No. 546]
MOTEL
A building or group of detached or connected buildings designed
or used primarily for providing sleeping accommodations for automobile
travelers and having parking spaces in proximity to the rooms. See
"hotel" and "efficiency hotel."
MOTOR VEHICLE SERVICE STATION
A place for the sale of automotive petroleum products, parts
and accessories, plus the servicing of motor vehicles.
MUNICIPAL USES
Buildings or land used for local government offices, garages,
storage, parks, playgrounds or other governmental uses which are deemed
necessary and appropriate by the Board of Supervisors.
NONCONFORMING LOT
A lot with an area or dimension which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE OR BUILDING
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include but are not limited to nonconforming signs.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in the zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment,
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
Wireless communications facilities located or co-located
on existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flag poles and other similar structures that
do not require the installation of a new tower. This term includes
the replacement of an existing structure with a similar structure
that is required to support the weight of the proposed WCF.
[Added 7-17-2018 by Ord.
No. 546; amended 12-17-2019 by Ord. No. 559]
NOVELTIES
Articles of trade having amusement value and whose appeal
is often transitory, and which is limited to those items for sale
described in AP Standard 87-1, Section *3.2.
[Added 7-17-2018 by Ord.
No. 547]
OCCUPANCY
Any use of or activity upon a particular premises.
OFF-STREET PARKING
An off-street parking space available for the parking of
a motor vehicle and which in this chapter is to be a minimum of 10
feet wide and 20 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
OFF TRACK WAGERING
Gaming authorized at a non-primary location pursuant to the
provisions of the Racehorse Reform Act.
[Added 12-27-2005 by Ord. No. 458]
OFF TRACK WAGERING FACILITY
A facility licensed pursuant to the provisions of the Racehorse
Reform Act for the purpose of Off Track Wagering. An Off Track Wagering
Facility shall conform to all of the requirements of the Racehorse
Reform Act, including the provision of food and beverage services.
[Added 12-27-2005 by Ord. No. 458]
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e, that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OPEN SPACE
An area that is intended to provide light and air, and is
designed for environmental, scenic, recreational, resource protection,
amenity and/or buffer purposes. Open space shall not be deemed to
include driveways, parking lots or other surfaces designed or intended
for vehicular travel. For open space pertaining to a PRD, see "common
open space."
PARK AND RIDE
A parking facility in proximity to a bus, train or other
mass transit station or stop.
PERMIT, BUILDING
A certificate issued by the appropriate officer of the Township
for the construction, reconstruction or alteration of a building upon
approval of the submitted application and plan, indicating compliance
with this chapter and all other requirements for the district in which
it is located or is to be located.
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the appropriate officer of the Township
upon completion of the construction of a new building, or prior to
commencement of a more restrictive use of a building, which certifies
that all requirements of this chapter or such adjustment therefrom
which has been granted by the Zoning Hearing Board or Board of Supervisors
have been met and that the purpose for which a building or land is
to be used is in conformance with the uses permitted within this chapter
and all other applicable regulations for the zone in which it is located
or is to be located.
PERMIT, CONDITIONAL USE
A certificate issued by the appropriate officer of the Township
for the conditional use which states that the requirements governing
conditional uses in the chapter and all other applicable requirements
have been complied with as authorized and approved by the Board of
Supervisors.
PERMIT, SPECIAL EXCEPTION
A certificate issued by the appropriate officer of the Township
for the use of a special exception which states that the requirements
governing special exception uses in the chapter and all other applicable
requirements have been complied with as authorized and certified by
the Zoning Hearing Board.
PERSON
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited-liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Township, or to any department or agency of
the Township.
[Amended 12-17-2019 by Ord. No. 559]
PLANNED COMMUNITY
Real estate with respect to which a person, by virtue of
ownership of an interest in any portion of the real estate, is or
may become obligated by covenant, easement or agreement imposed on
the owner's interest to pay any amount for real property taxes, insurance,
maintenance, repair, improvement, management, administration or regulation
of any part of the real estate other than the portion or interest
owned solely by the person. The term excludes a cooperative and condominium,
but a condominium or cooperative may be part of a planned community.
For purposes of this definition, "ownership" includes holding a leasehold
interest of more than 20 years, including renewal options, in the
real estate.
[Added 10-12-2004 by Ord. No. 448]
PLANNED COMMUNITY COMMON AREAS
Any real estate within a planned community which is owned
by a property owners' association of said planned community or leased
to the property owners association of said planned community. This
term does not include the residential units or lots designated for
separate ownership or occupancy by a person or entity other than the
property owners' association of a planned community.
[Added 10-12-2004 by Ord. No. 448]
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or a combination
of residential and nonresidential uses, the development plan for which
may not correspond in lot size, bulk, type of dwelling or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
PLAT OR PLAT PLAN
A map or plan of a subdivision or land development, whether
preliminary or final.
POLE FACILITY
A wireless communications facility located in the public
rights-of-way with a support structure consisting of a single new
utility pole installed for the primary purpose of supporting one or
more WCF.
[Added 12-17-2019 by Ord.
No. 559]
PRD
An abbreviation for "planned residential development."
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is situated. All attached structures
shall be considered a party of the principal building.
PRINCIPAL PERMITTED USE
Primary use as specified for each district together with
any use customarily incidental to the primary use or building and
located on the same lot with such principal use or building.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code.
PUBLIC NOTICE
Notice given not more than 30 days and not less than seven
days in advance of any public hearing required by this chapter. Such
notice shall be published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing.
PUBLIC RIGHT-OF-WAY LINE
The line where the property meets the public right-of-way
for a street or other public way, provided that this definition shall
not include unimproved alleys, easements or other similar uses.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added 3-9-1998 by Ord. No. 394]
PUBLIC WAY
Any street, highway, road, path or right-of-way, whether
privately or publicly owned, which is designed or used for vehicular
or pedestrian traffic either by public right or custom, or by invitation
to the public of two or more common owners, including unimproved alleys
and easements.
REPLACEMENT
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 12-17-2019 by Ord.
No. 559]
RESORT
A business combining lodging, eating and recreational facilities
for lodgers and/or non-lodgers as a single enterprise offered to the
public at large or any segment thereof. A resort shall include lodging
for tourists in one or more buildings having a total of not fewer
than 250 guest rooms, not including bed and breakfast establishments,
campgrounds, recreational vehicle parks or mobile home parks. A resort
may include residential uses of all types including, without limitation,
single family detached dwellings, multi-family dwellings, single family
attached dwellings, apartments, and condominiums which may be owned
individually, in fractional ownership, and/or in time share ownership.
Amenities may include conference centers, retail sales, spas, beauty
salons, barber shops, restaurants, indoor and outdoor recreational
facilities, health centers, day care centers, facilities for commercial
special events, and employee living quarters.
[Added 12-27-2005 by Ord. No. 458]
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park operated by the agency or group or an approved vendor
operating at the recreational facilities and for the convenience of
patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, FAST-FOOD
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and
held for service; or prepared, fried or griddled quickly; or heated
in a device such as a microwave oven. Orders are not generally taken
at the customer's table, and food is generally served in disposable
wrapping or containers. The establishment may include a drive-up or
drive-through facility or a facility which offers curb service.
RETAINING WALL
A solid or integrated vertical structure in excess of four
feet in height designed for the separation or retention of varying
ground levels.
RIDING STABLE
A facility for the boarding and exercising of horses and
similar animals for profit.
SCREENING
(1)
Generally, the method by which a view of one
site from another adjacent site is shielded, concealed or hidden.
Screening techniques include fences, walls, hedges, berms or other
features.
(2)
Specifically, a row of dense evergreen hedges
or shrubbery planted at four feet on center in a single row or at
eight feet on center in two staggered rows or a ten-foot swath of
existing vegetation augmented as necessary. A screen shall not be
less than three feet in height at planting or have a normal mature
height of less than six feet. In the event that there is no existing
vegetation and planting is impractical because of soil conditions
or other peculiarities, a fence of between five feet and seven feet
in height above the grade of the area to be shielded may be considered
a screening. See "buffer strip."
SETBACK
The required minimum horizontal distance between the building
line and the related front, side or rear property line, or right-of-way
line, if nearer to the building line, which may include a buffer strip.
See "buffer strip."
SEWAGE ENFORCEMENT OFFICER
The person or persons charged with the administration and
enforcement of Title 25 of the Pennsylvania Code.
SEWAGE SYSTEM, CENTRALIZED
A system designed and constructed to collect, convey, centrally
treat and dispose of sewage from a specific service area.
SEWAGE SYSTEM, PUBLIC
A centralized sewer system developed and administered by
a governmental agency or authority.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 30 days or less,
and which meets the definition of "hotel" for the purpose of imposing
an excise tax by the County of Monroe as defined in the County of
Monroe Ordinance No. 2004-03, as amended.
[Added 6-28-2022 by Ord. No. 570]
SIGN
See §
155-20 of this chapter for additional definitions.
SMALL WIRELESS COMMUNICATIONS FACILITY
A wireless communications facility that meets the following
criteria:
[Added 12-17-2019 by Ord.
No. 559]
(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 co-location
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.
(4)
The facilities do not require antenna structure registration
under 47 CFR Part 17;
(5)
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
(6)
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
SOUND LEVEL
The quantity in decibels measured by a sound-level meter
satisfying the requirements of American National Standards Institute
Specification for Sound-Level Meters S1.4-1971. Sound level is the
frequency-weighted sound pressure level obtained with the standardized
dynamic characteristic "fast" or "slow" and weighting A, B or C; unless
indicated otherwise, the A-weighting is understood. The unit of any
sound level is the decibel, having the unit symbol dB.
SOUND LEVEL, EQUIVALENT
The level of a constant sound which, over a given time interval
and situation, has the same sound energy as a time-varying sound.
SPECIAL EVENT
Gathering of individuals generally lasting from a few hours
to a few days designed to celebrate, honor, discuss, teach about,
encourage, observe or influence human endeavors. A special event is
but not limited to firework displays, carnivals, circus, bazaar, parades,
fairs, or any assembly, gathering, activity or meeting. This does
not include sidewalk sales where merchandise normally sold indoors
is transferred from indoors to outdoors for sale. Yard sales, garage
sales and similar activities are not regarded as special events.
[Added 7-17-2018 by Ord.
No. 548]
SPECIAL EVENT, COMMERCIAL
An event or function held at a business located within the
Township, such as grand openings, tent sales and sidewalk sales, limited
to not more than four events per calendar year.
SPECIAL EVENT, GENERAL
An event or function which is held in the Township and of
general interest to the community, such as bazaars, fairs, festivals
and activities generally viewed as fund-raisers for the benefit of
nonprofit organizations and volunteer activities, limited to not more
than four events per organization per calendar year.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, light poles, and smart pole technology or the equivalent
thereto.
[Added 7-17-2018 by Ord.
No. 546]
STORAGE BUILDING, NONRESIDENTIAL
A structure accessory to a nonresidential use for the purpose
of holding goods, tools or other items incidental to the nonresidential
use, offering such protection from the elements and keeping them from
common view.
STORAGE BUILDING, RESIDENTIAL
A structure accessory to a residence for the purpose of holding
household goods, tools or other personal items, offering such protection
from the elements and keeping them from common view.
STORY
That part of a building between the surface of any floor
and the next floor above it or, in the absence of a next floor, then
the finished ceiling or roof above it. A basement shall be counted
as a story if its ceiling is over six feet above the average level
of the finished ground surface adjoining the exterior walls of such
story, or if it is used for business or dwelling purposes. See "building
height."
STREET
Includes any street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. Streets are further classified by the functions they perform:
(1)
Local access streets have the sole purpose of
providing frontage for service and access to private lots. These streets
carry only traffic having either destination or origin on the street
itself. The elimination of through traffic and the geometric design
of the street are means to promote safety and to create a desirable
residential neighborhood.
(2)
Minor local access streets are access streets
that provide frontage for lots and may carry a small amount of residential
through traffic collected only from tributary residential access streets.
(3)
Major local access streets are streets that
conduct and distribute traffic between other streets of lower order
in the street hierarchy and higher-order streets or major activity
centers. This is the highest order of street appropriate to a residential
neighborhood, and residential frontage along it should be prohibited
or severely restricted.
(4)
Higher-order streets exist but do not belong
within a residential area and should be excluded. These include:
(a)
Arterials which are interregional roads conveying
traffic between towns, boroughs and other urban centers. Efficient
movement is the primary function of arterial roads; hence, private
access and frontage should be controlled and limited to high-volume
generators of vehicle trips.
(b)
Expressways which are limited-access interregional
arterial routes (superhighways). They are designated exclusively for
unrestricted movement, have no private access and intersect only with
selected arterial highways or major streets by means of interchanges
engineered for free-flowing movement.
STREET LINE
That line determining the limit of the rights of the public
or other private users.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
among other things, stadiums, platforms, radio towers, sheds, storage
bins, swimming pools and fences which are more than 50% solid.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Amended 7-17-2018 by Ord. No. 546; 12-17-2019 by Ord. No. 559]
(1)
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater:
(a)
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
(2)
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
(3)
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
(4)
It entails any excavation or deployment outside the current
site;
(5)
It would defeat the concealment elements of the eligible support
structure; or
(6)
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
47 CFR 1.40001(b)(7)(i) through (iv).
SUPERVISORS
The Tobyhanna Township Board of Supervisors.
SWIMMING POOL, PRIVATE
Any reasonably permanent pool or open tank located or constructed
as an accessory use to a residential structure and used or intended
for the private use of the residents of the dwelling unit and their
guests for swimming and bathing purposes.
[Amended 6-21-1995 by Ord. No. 411]
TEMPORARY CONSTRUCTION BUILDING
A building erected on a lot for temporary use in conjunction
with construction on that lot. Such building shall cease to be a temporary
construction building three months after the construction is completed
or after a period of nine months of construction inactivity on the
project, whichever occurs first. A permit is required with an expiration
date on it.
TOURIST DEVELOPMENT PROJECT (TDP)
A use consisting of cluster commercial development regulated as a permitted use on a parcel or parcels of land, individually or separately owned but nevertheless subject to a common scheme of development, located in the Tourist Development Project District comprised of uses that are permitted by right in the Tourist Development Project District under §
155-16.1 of the Zoning Ordinance, and where such uses rely upon, among other things, common infrastructure and common access. An applicant for a TDP shall submit a master plan to the Board of Supervisors with a land development plan that shall correspond in lot size, bulk, type of buildings, use, density, intensity, lot coverage or open space to regulations established in the Tourist Development Project District, except as otherwise waived by the Board of Supervisors.
[Added 10-15-2019 by Ord.
No. 557]
TOWING BUSINESS
To tow, haul or transport a vehicle from one location to
another by rollback, trailer, or tow truck.
[Added 4-3-2023 by Ord. No. 575]
TRANSFERABLE DEVELOPMENT RIGHTS
The attaching of development rights to specified lands which
are desired by the Township to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate.
TRANSIENT RESIDENTIAL USE
Use limited to hotel, motel, efficiency hotel, or bed-and-breakfast
inn use as defined herein, and excluding any other residential or
other use.
[Added 10-11-2005 by Ord. No. 457]
TRAVELED WAY
That part of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lands.
TRUCK TERMINAL
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation. Truck terminals are basically transshipment facilities
and often include the storage or parking of trucks awaiting cargo
as well as facilities for servicing of trucks. Storage facilities,
such as warehouses, incidental to the principal use may also be part
of a truck terminal.
[Added 6-15-1998 by Ord. No. 397]
UTILITY
A public, private, municipal and/or governmental entity or
agency which constructs, maintains and operates underground or overhead
gas, electric, steam, water, sewage, telephone or cable transmission
or distribution systems, including the attendant buildings, poles,
wires, mains, drains, sewers, pipes, conduits, cables, alarm boxes,
call boxes, traffic signals, hydrants and other similar equipment
and accessories reasonably necessary for the furnishing of adequate
service by such utilities for the public health or general welfare.
(Requires a special exception permit.)
WAREHOUSE
A building used primarily for the storage of goods and materials.
Warehouses may be for long-term or short-term storage. Short-term
storage facilities for a specific commercial establishment are called
"distribution centers."
[Added 6-15-1998 by Ord. No. 397]
WATER SUPPLY SYSTEM, CENTRALIZED
A system designed and constructed to transmit and distribute
water from a common source to all users in all portions of a proposed
development or specified area.
WATER SUPPLY SYSTEM, PUBLIC
A supply system serving a portion of a municipality or municipalities
developed and administered by a governmental agency or authority.
WATERS WITHIN THE TOWNSHIP
Any and all rivers, streams, creeks, impoundments, lakes,
dammed water and all other bodies or channels of conveyance of surface
or underground waters or parts thereof, whether natural or artificial,
wholly or partly within or forming part of the boundary of this Township,
provided that, for the purpose of this chapter, "waters within the
Township" shall exclude farm ponds and other privately owned ponds
of less than five acres in area.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et. seq.).
[Added 7-17-2018 by Ord.
No. 546]
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 7-17-2018 by Ord.
No. 546]
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a standalone basis or commingled with other wireless
communications services.
[Added 7-17-2018 by Ord.
No. 546; amended 12-17-2019 by Ord. No. 559]
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 7-17-2018 by Ord.
No. 546; amended 12-17-2019 by Ord. No. 559]
YARD, FRONT
An open, unoccupied space on the same lot as the principal
building, extending the full width of the lot and situated between
the front lot line and the building line, the minimum depth of which
shall be determined by the required front setback.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest side of a building and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the
street or rear lot lines as the case may be, the minimum width of
which shall be determined by the required side setback.
ZONING OFFICER
The person or persons charged with the enforcement of this
chapter.