For the purpose of this chapter, certain terms are herein defined.
Words used in the present tense include the future tense; the singular
number includes the plural and vice versa; the words "used for" include
the meaning "designed for."
As used in this chapter, the following terms shall have the
meanings indicated:[1]
To join at a border or boundary; to share a common boundary
with.
[Added 2-9-2015 by Ord.
No. 1053]
A building or use which:
The intentional integration of trees and shrubs into crop
and animal farming systems to create environmental, economic and social
benefits.
[Added 1-6-2020 by Ord.
No. 1085]
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
constituting the normal or existing level of environmental noise at
a given location without extreme atmospheric conditions, such as wind
greater than three meters per second or precipitation, and then adjusting
the noise level to eliminate any noise associated with existing developments
or facilities.
[Added 1-25-2016 by Ord.
No. 1060]
The breeding, raising or care of animals or livestock, excluding
fowl, aquatic animals, and household pets.
[Added 1-6-2020 by Ord.
No. 1085]
A structure for housing domestic livestock that is made of
wood or other similar materials that provides shelter from the elements.
[Added 1-6-2020 by Ord.
No. 1085]
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.
[Added 4-25-2016 by Ord.
No. 1063]
An indoor area, whether privately or publicly owned, to which
the public has access by right or by invitation, expressed or implied,
whether by payment of money or not, including but not limited to private-members
clubs, conference halls, activity centers, public halls, courthouses,
municipal buildings, fire halls, libraries and school auditoriums,
other than religious convocations.
[Added 2-25-2013 by Ord.
No. 1031]
State-of-the-art mitigation measures applied to oil and natural
gas drilling and production to help ensure that energy development
is conducted in an environmentally responsible manner.
[Added 1-25-2016 by Ord.
No. 1060]
Any structure having a roof.
MAINThe building housing the principal use of the land.
UNIT GROUPTwo or more buildings, other than dwellings, grouped upon a single tract, such as universities, hospitals, institutions or industrial plants.
The vertical distance measured from the average elevation
of the grade of the perimeter of the proposed structure to the highest
point of the roof for flat roofs, to the deck line of mansard roofs
and to the mean height between eaves and ridges for gable, hip and
gambrel roofs.
A line extending the entire width of the lot. The "building
line" shall be located along the plane created by the wall of the
building facing the front yard.
One or more offices of individual physicians, dentists, chiropractors
or other medical practitioners and their supporting staffs where human
patients receive diagnosis, treatment and counseling and who are not
kept overnight, including a methadone clinic.
[Added 4-14-2008 by Ord.
No. 986; amended 9-14-2015 by Ord. No. 1055; 11-9-2020 by Ord. No. 1091]
Any office of recognized professions, other than medical,
such as lawyers, architects, engineers, real estate brokers, insurance
agents and others who, through training, are qualified to perform
services of a professional nature and other offices used primarily
for accounting, corresponding, research, editing or other administrative
functions, but not including banks or other financial institutions.
[Added 4-14-2008 by Ord.
No. 986]
A system utilized while drilling so that various types of
pits are not used and instead steel bins or closed containers are
used to collect all drilling waste.
[Added 1-25-2016 by Ord.
No. 1060]
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
[Added 4-25-2016 by Ord.
No. 1063]
A liquid having a closed cup flash point at or above 100°
F. (38° C.). Combustible liquids shall be subdivided as follows:
[Added 1-9-2012 by Ord.
No. 1023]
Class II: liquids having a closed cup flash point at or above
100° F. (38° C.) and below 140° F. (60° C.).
Class IIIA: liquids having a closed cup flash point at or above
140° F. (60° C.) and below 200° F. (93° C.).
Class IIIB: liquids having closed cup flash points at or above
200° (93° C.).
This category of liquids does not include compressed gases or
cryogenic fluids.[2]
The date within 60 days of the completion of drilling, redrilling
or reworking of the well site.
[Added 1-25-2016 by Ord.
No. 1060]
A facility, licensed by the commonwealth, located within
a building that is not used as a dwelling unit, for the care, on a
regular basis, during part of a twenty-four-hour day, of children
under the age of 16 or handicapped or elderly persons.
[Added 4-14-2008 by Ord.
No. 986]
A nonproducing gas well used for the storage of wastewater.
[Added 1-25-2016 by Ord.
No. 1060]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 4-25-2016 by Ord.
No. 1063]
Shall include any animal maintained, kept or possessed by
a household, other than household pets, which shall include those
typically associated with agricultural animal husbandry, to include
the following and no other, the classifications for which shall be
strictly construed: goats, sheep and pigs.
[Added 1-6-2020 by Ord.
No. 1085]
Any activity involving the breeding, raising, caring for,
housing and principally the hobby/personal use of domestic livestock
and products derived from those animals by the occupant, owner or
lessee of the lot on which such use is located.
[Added 1-6-2020 by Ord.
No. 1085]
A dwelling designed for or occupied exclusively by two families,
with separate entrances for each, but under one roof and with a wall
or party wall between, but no interior connection between the two.
Any digging or boring of a new well to explore, develop,
or produce oil, gas or other hydrocarbons or to inject gas, water
or any other fluid or substance into the earth.
[Added 1-25-2016 by Ord.
No. 1060]
An area that includes the perimeter of the surface area of
drilling operations.
[Added 1-25-2016 by Ord.
No. 1060]
Any building which is designed for or occupied in whole or in part as the home, residence or sleeping place of one or more persons either permanently in Zoning Districts R-1 through R-4 or transiently or permanently in Zoning Districts C, R-C-1 and M. Notwithstanding the above, the definition of a dwelling shall not preclude the principal occupant/owner or the principal tenant/occupant of a home in Zoning Districts R-1 through R-4 from having any friend or relatives as invited guests. Each dwelling shall have a minimum gross floor area of 750 square feet, subject to the Property Maintenance Code as adopted in Chapter 310.
[Amended 7-13-2009 by Ord. No. 997; 11-10-2014 by Ord. No. 1047]
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A condition that:
Temporary geologic or geophysical activities, drilling in
context with the "zoning" definition in this chapter, including seismic
surveys, related to the search for natural gas or other subsurface
hydrocarbons.
[Added 1-25-2016 by Ord.
No. 1060]
[Amended 12-27-1999 by Ord. No. 927]
One or more persons occupying a dwelling unit and living as
a single, nonprofit housekeeping unit, provided that a group of four
or more persons who are not within the second degree of kinship shall
not be deemed to constitute a "family."
Notwithstanding the definition in the preceding subsection, a "family" shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit, as defined in Subsection A of this definition.
A facility, licensed or approved by the commonwealth as required
by the laws of the commonwealth, located within a dwelling in which
the operator resides, for the care on a regular basis, during part
of a twenty-four-hour day, of not more than six children under 16
years of age, including care provided to children who are relatives
of the provider, where such use shall be secondary to the use of the
dwelling for living purposes and shall meet all applicable requirements
for home occupation.
[Added 4-14-2008 by Ord.
No. 986]
Federal Communications Commission.
[Added 4-25-2016 by Ord.
No. 1063]
[Added 1-9-2012 by Ord.
No. 1023]
A liquid having a closed cup flash point below 100° F. (38°
C.). Flammable liquids are further categorized into a group known
as Class I liquids. The Class I category is subdivided as follows:
Class IA: liquids having a flash point below 73° F. (23°
C.) and having a boiling point below 100° F. (38° C.).
Class IB: liquids having a flash point below 73° F. (23°
C.) and having a boiling point at or above 100° F. (38° C.).
Class IC: liquids having a flash point at or above 73° F.
(23° C.) and below 100° F. (38° C.).
This category of liquids does not include compressed gases or
cryogenic fluids.
The murky, salty water from fracking natural gas wells. It
consists of frack fluid which returns to the surface as well as produced
water.
[Added 1-25-2016 by Ord.
No. 1060]
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The process of injecting water, customized fracking fluid,
steam, or gas into a gas well under pressure to improve gas recovery.
[Added 1-25-2016 by Ord.
No. 1060]
Water obtained from a potable water source of the commonwealth,
such as a hydrant, stream, lake, water well, spring or other source
that has not been treated or utilized in commercial or industrial
operations.
[Added 1-25-2016 by Ord.
No. 1060]
The public right-of-way area located directly in front of
a physical structure.
[Added 4-25-2016 by Ord.
No. 1063]
Any fluid, either combustible or noncombustible, which is
produced in a natural state from the earth and which maintains a gaseous
or rarefied state at standard temperature of 60° F. and pressure
of 14.7 psia, any manufactured gas, any by-product gas or any mixture
of gasses.
[Added 10-26-2009 by Ord.
No. 1000]
Any well drilled for the intent of extracting gas or other
hydrocarbons from beneath the surface of the earth.
[Added 1-25-2016 by Ord.
No. 1060]
The sum of all gross horizontal areas of several floors of
a building or buildings, measured from the exterior faces of exterior
walls or from the center line of common walls separating buildings.
This includes stairwells, rest rooms, lobby areas, floor space for
mechanical equipment and all other common areas and basements.
[Added 11-10-2014 by Ord.
No. 1047]
Water in that portion of the generally recognized hydrologic
cycle which occupies the pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells and springs and is often
withdrawn for domestic, agricultural, municipal, industrial and other
beneficial uses.
[Added 1-25-2016 by Ord.
No. 1060]
An establishment that provides room and board to persons
who are residents by virtue of receiving supervised specialized services
limited to health, social and/or rehabilitative services provided
by a governmental agency, their licensed or certified agents or a
nonprofit social service corporation charted in the Commonwealth of
Pennsylvania or authorized to operate in the Commonwealth of Pennsylvania.
[Added 12-9-1985 by Ord.
No. 738]
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 4-25-2016 by Ord.
No. 1063]
An accessory use of a service character conducted entirely
within a dwelling by the residents thereof, which use is clearly secondary
to the use of the dwelling for living purposes and does not in any
way change the character of the dwelling.
[Added 4-14-2008 by Ord.
No. 986]
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, air pollution,
fire hazard or noxious emission which will disturb or endanger neighboring
properties. "Light manufacturing" includes the production of the following
goods: home appliances, electrical instruments, office machines, precision
instruments, electronic devices, timepieces, jewelry, optical goods,
musical instruments, novelties, wood products, printed material, lithographic
plates, type composition, machine tools, dies and gauges, ceramics,
apparel, lightweight nonferrous metal castings, film processing, light
sheet metal products, plastic goods, pharmaceutical goods and food
products, but not animal slaughtering, curing nor rendering of fats.
An enclosed structure of any natural or man-made material or a combination of materials, permanently affixed to the land or a structure, intended to shelter a collection of books, magazines, or other printed literary materials available to the public for recreational use at no cost. Any books, magazines, or other printed materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," as further defined at § 450-22G(2)(b) of this chapter, are specifically excluded from this definition.
[Added 7-13-2020 by Ord.
No. 1089]
A public street or road, adopted by ordinance, serving abutting
homogeneous land uses and providing for no truck usage except for
local deliveries.
[Added 1-25-2016 by Ord.
No. 1060]
A parcel of land fronting on a street or highway, which is
or may be occupied by a main building, or a unit group of buildings,
and accessory buildings, with the open spaces required by this chapter.
The total area within the lot lines of a lot, provided that
the area shall be measured to the street right-of-way line only and
shall not include any part of an alley or areaway used in common with
the owner or occupier of other lots.
That boundary of a lot which is along the right-of-way line
of an existing or dedicated public street or, where no public street
exists, is along a public way.
That boundary of a lot which is most distant from and most
parallel to the front lot line.
[Added 11-22-2011 by Ord.
No. 1011]
Those boundaries of the lot that extend from the front lot
line to the rear of the lot.
The horizontal distance between the side lot lines measured
along the building line.
That portion bounded by the required front, side and rear
yards.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An activity that involves more than 2,000 square feet of
impervious area, to include both newly created impervious area and
any reconfiguration of existing impervious area, and results in a
total earth disturbance of more than 5,000 square feet.
[Added 2-9-2015 by Ord.
No. 1053]
A facility licensed by the Pennsylvania Department of Health
to use the drug methadone, suboxone, and subutex in the treatment,
maintenance and detoxification of persons.
[Added 4-14-2008 by Ord.
No. 986; amended 9-14-2015 by Ord. No. 1055]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
[Added 11-10-2014 by Ord.
No. 1047]
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
[Added 11-10-2014 by Ord.
No. 1047]
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
[Added 11-10-2014 by Ord.
No. 1047]
An outdoor living space surfaced with asphalt or other durable
material and designed to supplement the mobile home living area.
[Added 11-10-2014 by Ord.
No. 1047]
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 4-25-2016 by Ord.
No. 1063]
A building or portion thereof containing three or more dwelling
units.
An activity that involves more than 2,000 square feet of
impervious area, to include both newly created impervious area and
any reconfiguration of existing impervious area, and results in a
total earth disturbance of more than 5,000 square feet.
[Added 2-9-2015 by Ord.
No. 1053]
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:
[Added 2-10-2003 by Ord.
No. 953; amended 2-14-2011 by Ord. No. 1012]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses;
The business shall employ no employees other than family members
residing in the dwelling;
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature;
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights;
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood;
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood;
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area;
The business may not involve any illegal activity.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment mounted to a wireless
support structure. Nontower WCFs shall not include support structures
for antennas or any related equipment that is mounted to the ground
or at ground level.
[Added 4-25-2016 by Ord.
No. 1063]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning districts in which it is located
by reasons of such adoption or amendment.
[Added 3-14-2011 by Ord.
No. 1014]
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 reasons of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
[Added 3-14-2011 by Ord.
No. 1014]
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or an amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such chapter or amendment or prior to the
application of such chapter or amendment to its location by reason
of annexation.[3]
[Amended 12-28-1998 by Ord. No. 917]
[Added 1-25-2016 by Ord.
No. 1060]
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the 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 that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
GATHERING SYSTEM FACILITYA facility associated with a gathering system or water collection line, such as a drip station, vent station, pigging facility, chemical injection station or transfer pump station.
PRODUCTION FACILITYA facility related to the production of gas which utilizes motors and/or engines.
The well site preparation, well site construction, drilling,
fracturing, and/or site restoration associated with an oil and gas
well of any depth; water and other fluid storage; gas reservoir; 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, not regulated by the Pennsylvania
Public Utility Commission or United States Department of Transportation,
Office of Pipeline Safety, and associated equipment; and all other
equipment and activities associated with the exploration for, production
of and transportation of oil and gas, including natural gas compressor
stations and natural gas processing plants, and structures, defined
as other support facilities or structures performing similar functions
that operate as midstream facilities.
[Added 1-25-2016 by Ord.
No. 1060]
Activities performed under the surface of the ground that
are part of the operation of oil and gas drilling, as defined herein,
whether or not located on properties within the unit for a particular
well site, but that are not included in the well site, including,
but not limited to, horizontal drilling and hydraulic fracturing zones,
underground gathering and transmission pipelines established in accordance
with Public Utility Commission (PUC) guidelines, water distribution
lines and similar underground facilities incidental to oil and gas
drilling.
[Added 1-25-2016 by Ord.
No. 1060]
Hydrocarbons in liquid form at standard temperature of 60°
F. and pressure of 14.7 psia.
[Added 10-26-2009 by Ord.
No. 1000]
An identified outdoor area where entertainment is provided
by a commercial entity, such as ice skating rinks and swim clubs or
pools.
[Added 2-25-2013 by Ord.
No. 1031]
A paved area, other than a driveway, on a residential lot
intended for the parking of one or more motor vehicles owned by the
owners and tenants of the lot which is accessory to the principal
use of the lot.
[Added 7-11-2022 by Ord.
No. 1108]
Any occupancy which is not transient occupancy.
[Added 7-13-2009 by Ord.
No. 997]
An indoor area, whether privately or publicly owned, to which
the public has access by right or by invitation, expressed or implied,
whether by payment of money or not, including but not limited to theaters,
concert halls, ballrooms, dance halls, discotheques, nightclubs, indoor
leisure centers, adventure/activity centers, sports clubs, cinemas,
amusement parks, casinos and zoos, indoor miniature golf, indoor roller-skating
rinks and other related uses.
[Added 2-25-2013 by Ord.
No. 1031]
Any occupied structure measured horizontally within 1,500
feet of a drilling site or within 3,000 feet of the outside wall of
the nearest permanent structure of an oil and gas development facility
or disposal well. The term shall not include any structure whose owner
has signed a waiver relieving the operator from implementation of
the measures established herein or other applicable provisions of
the Code of the Township of Wilkins. In the waiver, the owner must
acknowledge that the operator is explicitly relieved from complying
with the regulations applicable to a protected structure. The waiver
must be notarized.
[Added 1-25-2016 by Ord.
No. 1060]
A structure, owned or operated by a public utility regulated
by the Pennsylvania Public Utility Commission, designed and used to
support overhead electricity, telephone or other transmission lines.
[Added 8-13-2001 by Ord.
No. 936]
The use of land, not commercially, by persons, nonprofit
corporations or associations for outdoor swimming pools, tennis courts,
ball fields, basketball courts, shuffleboard courts, slides, swings,
horseshoe courts and none other.[4]
Deepening or sidetrack/horizontal drilling of the existing
well bore extending more than 150 feet from said well bore.
[Added 1-25-2016 by Ord.
No. 1060]
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 4-25-2016 by Ord.
No. 1063]
Reentry of an existing well within the existing bore hole
or by deepening or sidetrack/horizontal operations (which does not
extend more than 150 feet horizontally from the existing well bore)
or replacement of well liners or casings.
[Added 1-25-2016 by Ord.
No. 1060]
Any instance in which an animal is running about loose on
a street, or upon the property of a person other than the owner of
such animal, unleashed and unaccompanied by the owner or custodian
or by any member of the owner's family or by any servant or agent
of the owner of such animal.
[Added 1-6-2020 by Ord.
No. 1085]
A school building or former school building which is no longer
used for educational purposes.
[Added 2-14-2011 by Ord.
No. 1012]
A structure that permits the sale of products directly to
consumers. The structure shall be located on the premises, in proximity
to a high traffic area.
[Added 1-6-2020 by Ord.
No. 1085]
A yard extending along a side lot line between the front
yard and rear yard for the minimum depth specified in this chapter.
[Added 11-22-2011 by Ord.
No. 1011]
A separate building designed for or occupied by one family.
[Amended 5-14-1979 by Ord. No. 644]
An establishment devoted exclusively to the sale of distinctive,
high quality merchandise, including one or more or the following:
art and photography galleries or studios; antiques; books; boutique
items; candles; confectioneries; cards and stationery; cut and dried
flowers; gifts; handicraft; handmade or gourmet food and baked goods,
including ice cream parlors; interior decorator items; leather goods;
men's, ladies' and children's apparel, seamstress and tailor shops;
and shops of a similar nature.
An establishment devoted exclusively to the sale of distinctive,
high quality merchandise, including one or more of the following:
art and photography galleries or studios; antiques; books; boutique
items; candles; candies; cards and stationary; cut and dried flowers;
gifts; handicraft; handmade and gourmet food and baked goods; interior
decorator items; leather goods; men's, ladies' and children's apparel;
pipes and tobacco; and shops of a similar nature.
[Added 4-14-2008 by Ord.
No. 986; amended 11-9-2020 by Ord. No. 1091]
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 4-25-2016 by Ord.
No. 1063]
A public right-of-way which affords a primary means of access
to abutting property.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not it is affixed to the land.
This includes, but is not limited to, communications equipment buildings
and communications towers.
[Amended 8-13-2001 by Ord. No. 936]
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
[Added 4-25-2016 by Ord.
No. 1063]
For communications towers outside the public rights-of-way,
it increases the height of the facility by more than 10% or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
communications towers in the rights-of-way, it increases the height
of the facility by more than 10% or 10 feet, whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the WCF by more than 20 feet or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those communications towers in the public
rights-of-way, it protrudes from the edge of the structure by more
than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
The use of land by persons, nonprofit corporations or associations
primarily for sports or swimming activities.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles. DAS hub facilities are considered
to be tower-based WCFs.
[Added 4-25-2016 by Ord.
No. 1063]
The Township of Wilkins, Allegheny County, Pennsylvania.
[Added 1-25-2016 by Ord.
No. 1060]
Any vehicle used or so constructed as to permit its being
used as conveyance on the public streets and highways and duly licensed
as such and constructed in such a manner as will permit occupancy
thereof as a temporary dwelling for one or more persons. A trailer
shall not be construed as a mobile home for purposes of this chapter.
[Added 11-10-2014 by Ord.
No. 1047]
Any person or persons who occupies a dwelling unit as a sleeping
unit, which is not his or her residence or domicile, for not more
than 30 days.
[Added 7-13-2009 by Ord.
No. 997]
A separate building designed for or occupied exclusively
by two families, one above the other.[5]
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store fresh
water.
[Added 1-25-2016 by Ord.
No. 1060]
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store wastewater
fluid, including but not limited to brine, fracturing fluid, produced
water, recycled water, impaired water, flowback water or any other
fluid that does not satisfy the definition of "fresh water."
[Added 1-25-2016 by Ord.
No. 1060]
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 4-25-2016 by Ord.
No. 1063]
A bore hole drilled or being drilled for the purpose of or
to be used for producing, extracting or injecting any gas, petroleum
or other liquid related to oil or gas production or storage, including
brine disposal, but excluding bore holes drilled to produce potable
water to be used as such. The term "well" does not include a bore
hole drilled or being drilled for the purpose of or to be used for
systems of monitoring producing or extracting gas from solid waste
disposal facilities, as long as the wells are subject to the Act of
July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management
Act,"[6] and do not penetrate a workable coal seam. The term also
does not include a bore hole drilled or being drilled for the purpose
of or to be used for degasifying coal seams if the following conditions
are satisfied:
[Added 10-26-2009 by Ord.
No. 1000]
The bore hole is used to vent methane to the outside atmosphere
from an operating coal mine; and
The bore hole is drilled by the operator of the operating coal
mine for the purpose of increased safety; or
The bore hole is used to vent methane to the outside atmosphere
pursuant to a state- or federal-funded abandoned mine reclamation
project.
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in real estate for the purpose of
exploring or drilling for, producing or transporting oil or gas; the
person designated as the well operator or operator on the permit application
or well registration. If the owner is a separate entity than the operator,
then the owner shall also be listed. Where a permit or registration
was not issued, the term shall mean any person who locates, drills,
operates, alters or plugs any well or reconditions any well with the
purpose of production therefrom. In cases where a well is used in
connection with the underground storage of gas, the term also means
a storage operator.
[Added 10-26-2009 by Ord.
No. 1000; amended 1-25-2016 by Ord. No. 1060]
Shall consist of the area occupied by any of the facilities,
structures and equipment associated with or incidental to the construction,
drilling, fracturing, production, or operation of an oil or gas well.
If multiple areas are used, then the total combined areas shall be
considered the well site.
[Added 1-25-2016 by Ord.
No. 1060]
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 4-25-2016 by Ord.
No. 1063]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 4-25-2016 by Ord.
No. 1063]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
[Added 4-25-2016 by Ord.
No. 1063]
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that is primarily
constructed to support the placement or installation of a wireless
communications facility.
[Added 4-25-2016 by Ord.
No. 1063]
An open space adjacent to a lot line, open and unobstructed
from the ground to the sky, except as otherwise provided herein.
FRONT YARDA yard extending from side lot line to side lot line and extending back in depth the required minimum distance from the front lot line to a line parallel to the front lot line.
The person or persons appointed by the Board of Commissioners
to enforce this chapter.
[Added 12-28-1998 by Ord.
No. 917]
[1]
Editor's Note: See also §§ 450-22G(2)(b) and 450-29.
[2]
Editor's Note: The former definitions of "communications antenna,"
"communications equipment building," communications tower," and "communications
tower height," of the 1998 Code, which immediately followed this definition,
all added 8-13-2001 by Ord. No. 936, were repealed 4-25-2016 by Ord.
No. 1063.
[3]
Editor's Note: The former definition of "planned residential
development," of the 1998 Code, which immediately followed this definition,
was repealed 12-28-1998 by Ord. No. 917.
[4]
Editor's Note: The former definitions of "sign," "sign, advertising,"
and "sign, business," of the 1998 Code, which immediately followed
this definition, were repealed 3-8-1993 by Ord. No. 834.
[5]
Editor's Note: The former definition of "unused school building,"
of the 1998 Code, which immediately followed this definition, was
repealed 4-14-2008 by Ord. No. 986.
[6]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
[8]
Editor's Note: See 52 P.S. § 1396.1 et seq.
[9]
Editor's Note: Former Subsection C of the 1998 Code, which
defined "yard, side," which immediately followed this definition,
was repealed 3-14-2011 by Ord. No. 1014. See now the definition of
"side yard."
