For the purpose of this chapter, the following rules shall apply
when interpreting this chapter, unless the context clearly indicates
otherwise:
A.
The word "person" or the word "developer" includes a firm, association,
organization, partnership, trust, company, or corporation as well
as an individual.
B.
The present tense includes the future tense.
C.
The singular number includes the plural number and the plural number
includes the singular.
D.
The word "shall" is mandatory.
E.
The word "may" is permissive.
F.
The words "used" or "occupied" include the words "intended to be,"
"designed to be" or "arranged to be" "used" or "occupied."
Words generally found in legal terminology but not defined below
shall be considered to have meanings in this chapter similar to their
generally held definitions in a court of law.
The drive within a parking lot directly abutting parking
surfaces and designed to provide a connection between the spaces and
the public street.
An irrevocable right-of-way agreement between the owners
of two or more nonresidential properties wherein access to such individual
properties may be obtained through a common entranceway from a public
street.
Detached use or building on the same property owned by the same person and not being shared with any other person that is customarily found in connection with, or incidental to, the principal use or building. Accessory structures shall meet the height limitations set forth in § 310-61 and shall not exceed the square footage footprint of the principal structure.
Hybrids of the African honeybee with various European honeybees
that are aggressive compared to the European subspecies.
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 8-28-2019 by Ord.
No. 827]
A change in this chapter, including addition of new requirements,
revision of existing requirements, or deletion of obsolete requirements,
necessitating public hearings and other official approvals before
becoming effective.
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, defined below.
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
[Added 11-28-2018 by Ord.
No. 817]
A room, or suite of rooms, in a building with its own cooking,
food storage, bathing and toilet facilities and with access directly
or via a common hall to the outside.
Any place where one or more colonies or nuclei of bees are
kept.
A plea to a higher agency or court on the part of a person
who contends he has been aggrieved as the result of a decision of
a lower board, commission or individual charged with making the decision
he is contending.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Township Council of the Township of Hampton, or as may be
designated in the law providing for the form of government.
A use where trees and plants are grown for scientific and
educational purposes.
A bituminous concrete material meeting the requirements of
PennDOT Publication 408, Section 400.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[1]
A building, or part thereof, used for the servicing and repair
of motor vehicles, including:
A retail place of business, engaged primarily in the sale
of motor fuels or supplying goods and services generally required
in the operation and maintenance of motor vehicles and fulfilling
of motorist's needs, including one or more of the following:
The sale of petroleum products.
Sale and service of tires, batteries, automotive accessories
and replacement items.
Washing and lubrication services within a completely enclosed
building.
The supplying of other incidental automotive customer services
and products; and the performing of automotive maintenance and repair,
excluding such repairs as spray painting, body, fender, axle, frame,
tire retreading and recapping or major engine overhaul within a completely
enclosed building.
The space enclosed by the foundation or ground floor walls
of a building with a minimum depth of six feet. A basement shall not
be counted as a story for purposes of height measurement unless 1/2
or more of its height is above the average grade.
An occupied dwelling unit in which rooms without kitchen
facilities are let on an overnight basis as the temporary abiding
place of persons who have residences elsewhere; which has a resident
manager; wherein food and beverage service is limited to breakfast,
snacks or afternoon tea for registered, paying overnight guests; guests
are limited to a maximum length of stay of 15 consecutive days in
a thirty-day period; no retail sales occur on the premises.
Any stage of the common hive or honeybee (Apis Mellifera)
or other species of the genus Apis.
Any American or European foul brood, sac brood, bee paralysis
or other disease or abnormal condition of eggs, larval, pupal, or
adult stages of the honeybee.
An owner of an apiary or a person who has charge of an apiary
of one or more colonies of bees in the Township.
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. Best management
practices shall be as determined by the Environmental Protection Agency,
or, in the void thereof, as otherwise determined by the Township Engineer
at the time of application.
[Amended 8-28-2019 by Ord. No. 827]
An off-premises sign, on which space is leased or rented
by the owner, which advertises a business, commodity, service, entertainment
or attraction sold, offered, or existing elsewhere than upon the property
where the sign is located. [See § 310-90D(4).]
An individual(s) other than a member of the family occupying
the dwelling unit, or part thereof, who, for a consideration, is furnished
sleeping accommodations and may be furnished meals or other services
as part of the consideration.
A line, usually a property or street right-of-way line or
the center line of a recognizable physical feature such as a highway,
stream, or railroad, that demarcates the edge of a district or area.
A buffer, buffer area, buffer yard, or buffer setback, that
is a portion of a developed property which must be reserved for landscaping
purposes. A buffer cannot be used for any purpose other than fencing
and landscaping.
The area of a parcel or lot where a structure can be built or developed or an area that is also suitable for active recreation as required in § 310-47.
A roofed structure covering an area on the ground. A building
shall be considered an "enclosed" building if all exterior walls are
solid except for fixed closed or operable windows and doors.
The latest enacted edition of the Township of Hampton code
relating to building and construction.[2]
A line describing the extent of the area in a lot within
which construction can occur. The setback distance from front, side
and rear property lines determines the building line.
Documentation which indicates that a proposal for construction
meets all requirements of this chapter and other applicable requirements
of the Township of Hampton, Allegheny County and the Commonwealth
of Pennsylvania relative to development and allowing such proposed
construction to commence.
Diameter of a tree six inches above ground level. In this
chapter, used for measuring proposed trees.
[Amended 5-24-2017 by Ord. No. 796]
The individual designated by a patient to deliver medical
marijuana.
[Added 11-28-2018 by Ord.
No. 818]
An accessory structure used expressly for the provision of
living quarters, permitted on a minimum of 10 acres and addressing
all required yard and bulk requirements.
A single-family attached residential unit with one or more
sidewalls common to another unit and with an integral garage accessible
from the front or side of the building, but not from the rear of the
building.
That portion of a street internal to a recorded right-of-way
which is improved by surfacing with permanent or semipermanent material
and is intended for vehicular traffic.
[Added 9-27-2017 by Ord.
No. 797]
An imaginary line running parallel to street or easement
right-of-way lines and equidistant from the lines on each side of
the street or easement, or a line following the center of a physical
feature such as a stream, or roadway.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.
[Added 11-28-2018 by Ord.
No. 818]
Any entity designated as a "charitable" entity under the
provisions of the Pennsylvania Solicitation of Charitable Funds Act,
the Act of August 9, 1963, P.L. 628,[3] or under any of the provisions of the United States Internal
Revenue Code, or of any laws, regulations or rules enacted thereunder.
An entity that:
[Added 11-28-2018 by Ord.
No. 818]
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
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 8-28-2019 by Ord.
No. 827]
A private membership club, with or without dining facilities,
serving alcoholic and nonalcoholic beverages, catering primarily to
its membership, that provides recreational and social amenities, excluding
establishments operated as a business enterprise.
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and at times many drones.
A parcel or parcels of land, within the residentially developed
part of the plan, but not privately held or occupied by public rights-of-way,
which is guaranteed by the recorded plan to remain in perpetuity and
which is the responsibility initially of the developer and subsequently
of the association of residents. This may include off-street "overflow"
parking areas and landscaped areas in the immediate vicinity of multifamily
dwellings, but shall not be calculated, or considered as a part of
the required open space. Also referred to as "common areas."[4]
Resolution No. 919, as adopted pursuant to the MPC by Hampton
Township Council, on May 28, 2014, or the most recent Comprehensive
Plan adopted thereafter by the Township Council.
A use of a property that may be granted by the Township Council
following review by the Environmental Advisory Council and the Planning
Commission based on the express standards and criteria set forth in
this chapter.
[Added 11-28-2018 by Ord. No. 817]
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
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 complies with the provisions for "Consumer Fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this commonwealth.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" or "toy caps" in APA 87-1 or any successor standard,
the sale, possession and use of which shall be permitted at all times
throughout this commonwealth. Regulated by Act 204 of 2004 and Act
43 of 2017, as amended from time to time.
A dwelling unit established from a portion of a larger unit,
containing all the facilities normally found in a dwelling unit including
adequate heat, light, plumbing, ventilation and means of access.
The governing body of the Township of Hampton.
A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
ADULTCare given for part of the twenty-four-hour day to adults requiring assistance to meet personal needs and who, because of physical or mental infirmity, cannot themselves meet these needs, but who do not require nursing care.
CHILDCare in lieu of parental care given for the part of the twenty-four-hour day to children under 16 years of age, away from their homes, but does not include child day-care furnished in places of worship during religious services.
Diameter of a tree as measured 4.5 feet above ground level.
In this chapter, used for measuring existing trees.
An open area usually attached to, or part of, and with direct
access to, a building, where said open area is elevated above ground
level and is not covered by a permanent roof. No portion may be built
over or upon any required setbacks or easements.
The maximum number of units per acre that are permitted within
an identified zoning district.
Any vehicle lacking a current license plate and/or inspection
sticker that is stored out of doors; also, a junk vehicle.
Any portable framework, tower, mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil and gas, i.e., rig.
Any landowner, agent of such landowner or tenant with written,
notarized permission of such landowner who makes or causes to be made
a subdivision of land or a land development.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure; any mining, excavation,
landfill or land disturbance, and any use, or extension of the use,
of land that affects stormwater runoff characteristics.
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 (DOH) of the commonwealth
to dispense medical marijuana.
[Added 11-28-2018 by Ord.
No. 818]
[Added 11-28-2018 by Ord. No. 817]
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
Display fireworks can only be used within the Township of Hampton
pursuant to a special event permit secured by the Township.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
Those types of animals normally found inside the home, including
cats, dogs, caged rabbits and birds. Domestic animals as defined in
this chapter are the only animal permitted within all zoning districts,
unless the property is classified as a farm or pet store. No more
than four animals, over the age of four months, may be permitted outside
the home at any time.
Any vertical or horizontal digging or boring of a new well
or reworking of an existing well with the intention to explore, develop
or produce oil, gas or other hydrocarbons or to inject gas, water
or other fluids or substances into the earth.
[Amended 8-28-2019 by Ord. No. 827]
The derrick, together with all parts of and appurtenances
to such a structure, every piece of apparatus, machinery or equipment
used or erected or maintained for use in connection with drilling.[6]
A vehicular access route serving only one parcel or lot which
provides access to a public street, but which does not provide access
to any other lot or parcel under separate ownership.
A building, or structure, or manufactured home, designed
or used exclusively for residential occupancy, including single-family
dwellings, duplexes, and multifamily dwellings, but not including
hotels or lodging and boarding homes.
A structure designed for two dwelling units, whether side
by side or one above the other, with a common wall, and with each
unit having egress directly to the outside, at grade, or via exterior
stairs to grade.
A building, which is the only principal building on the lot,
containing three or more dwelling units.
A building, which is the only principal building on the lot,
designed exclusively for residential purposes on a permanent basis
by one family, or by not more than three unrelated individuals.
A group of connected rooms, whether in a separate structure,
a duplex, townhouse or apartment building, including in each unit
bathing, toilet and cooking and food storage facilities for the exclusive
use of one family or not more than three unrelated individuals.
The term "unit" as used in Article IX of the this chapter, and, as related to institutional type PRD developments, shall be defined as that portion of a building or a structure assigned to, leased to, sold to or occupied by one person, one family related by blood or marriage, or other entity, or a group of persons, but not exceeding three in number for any such space. The term as applied to a nursing home shall be one patient bed considered as one unit. The word "unit" shall have the ordinary usage ascribed to it, and shall refer in ordinary terms to that portion of a building intended for use by one person, family or group as opposed to a communal or collective assembly of persons.
Any characteristics of a sign that appear to have movement
or that appear to change, caused by a method other than physically
removing and replacing the sign or its components, whether the apparent
movement or change is in the display, the sign structure itself, or
any other component of the sign. This includes a display that incorporates
a technology or method allowing the sign face to change the image
without having to physically or mechanically replace the sign face
or its components. This also includes any rotating, revolving, moving,
flashing, blinking, or animated display that incorporates rotating
panels, LED lights manipulated through digital input, "digital ink"
or any other method or technology that allows the sign to present
a series of images or displays.
A right, liberty, privilege, or advantage which one may have
in the lands of another. It cannot be an estate or interest in the
land itself or a right to any part of it, but consists in rights of
enjoyment in or issuing out of another's land. Thus, one cannot
have an easement in his or her own property, since in such case the
titles merge. An easement has also been described as a right to use
another's land for a precise and definite purpose not inconsistent
with the owner's general right of property.
A condition that:
The Environmental Advisory Council of the Township of Hampton.
Steep slopes (between 15% and 25%), very steep slopes (over
25%), floodways and floodplains, and wetlands. Most, but not all,
of these lands are shown on the Environmentally Critical Lands Maps
of Hampton. Some wetlands and steep slope areas, which are not immediately
adjacent to existing streams, will be found on the Pine Creek Watershed
Study Geologic and Soils overlay maps and wetlands may have to be
determined on site.
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
sewage, gas, electrical, steam or water treatment transmission or
distribution storage systems, collection, communication, supply or
disposal systems, and overhead electrical and electronic systems,
including poles, wires, mains, drains, sewers, pipes, conduit cables,
fire-alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment and accessories in connection therewith; reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or for the public health
or safety or general welfare, but not including office buildings or
maintenance depots.
Temporary geologic or geophysical activities, drilling in
context with the "oil and gas drilling" zoning definition in this
chapter, fracking, including seismic surveys, related to the search
for natural gas or other subsurface hydrocarbons.
One or more individuals related by blood, marriage, or adoption;
or not more than three unrelated individuals.
Those types of animals normally kept or raised on farms,
including but not limited to chickens, pigs, cows, horses, sheep,
goats, and the like.
Federal Communications Commission.
A facility licensed by the Department of Agriculture exclusively
dedicated to the storage and sale of consumer fireworks and related
items, and the facility shall operate in accordance with the specific
rules set forth in Section 2409 of Act 43 of 2017, the Pennsylvania
Fireworks Law.
[Added 11-28-2018 by Ord.
No. 817]
Act 43 of 2017, which took effect on October 30, 2017, and
any subsequent amendments.[7]
[Added 11-28-2018 by Ord.
No. 817]
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 unusual and rapid accumulation
of surface waters from any source. Floodplains include any areas delineated
within the one-hundred-year flood boundary or as a special flood hazard
area on a map prepared by the Federal Emergency Management Agency
(FEMA). This shall also include those portions of land which may be
subject to inundation by the water of a one-hundred-year flood but
where the one-hundred-year flood boundary has only been approximated.
In areas adjacent to a watercourse which have either had the one-hundred-year
flood boundary approximated or for which there are no designated elevations
and/or profiles, the floodplain shall also include land denoted as
being alluvial soils on the Soil Survey for Allegheny County, Pennsylvania,
as prepared by the NRCS, United States Department of Agriculture,
or the floodplain overlay map as prepared by the Northern Area Environmental
Council for the Pine Creek Watershed Study.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude. In an area where FEMA maps or studies have not defined
the boundary of the floodway, it will be assumed, absent evidence
to the contrary, that the floodway extends 50 feet outwards from the
top of the banks on the watercourse.
The ratio of the total floor area of a building as measured
from the outside walls to the lot area.
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 8-28-2019 by Ord.
No. 827]
A barrier composed of a fence, vegetation, hedge or combination
thereof, which directs the bees quickly into the sky.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point of one candle.
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.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 11-28-2018 by Ord.
No. 818]
The process of injecting water, customized fracking fluid,
steam, or gas into a gas well to improve gas recovery.
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 8-28-2019 by Ord.
No. 827]
The distance between side property lines of any property, measured along the right-of-way of the street to which the property has access, and further defined in § 310-59C.
An imaginary line across the front of a property, between
side property lines, parallel to the street right-of-way line and
distant from it, the depth of the required front yard setback for
the zoning district in which the property is located.
The area of any property between the front lot line and front
setback line.
A technique or method of construction which causes all light
emitted from an outdoor light fixture to be projected below an imaginary
horizontal plane passing through the lowest point on the fixtures
from which light is emitted.
A building used for the embalming of deceased human beings
for burial and for the display of the deceased and ceremonies connected
therewith before interment.
An accessory structure for housing noncommercial vehicles
not in excess of one ton operated by the occupants of the principal
structure on the same property but not itself containing any dwelling
units and having a maximum of four bays.
A dwelling unit in a multifamily residential building of
not more than three stories in height, containing at least three such
units and with access to the outside at grade or via common hallways
and stairways.
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 and pressure conditions
and/or the gaseous components or vapors occurring in/or derived from
petroleum or natural gas.
A well located and used in a gas storage reservoir for injection
withdrawal purposes, or an observation well.
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see and, in extreme cases, causing
momentary blindness.
The total acreage of a tract for which an application is
filed or approved.
When prescribed as the basis of measurement for off-street
parking space and loading berths for any use, "floor area" shall mean
the sum of the gross areas of the floors of buildings, or portions
thereof, devoted to such use, including accessory storage areas located
within selling or working space, such as counters, racks or closets;
and any basement floor area devoted to retailing activities, to the
production or processing of goods or to business or professional offices.
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 8-28-2019 by Ord.
No. 827]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
[Added 11-28-2018 by Ord.
No. 818]
The cleaning of underbrush from a treed area. See § 310-62F(4).
The vertical distance along the wall of a building measured between the average of the highest and lowest elevation at ground level on the front or rear facade, whichever has the lower ground elevations, and the top of the parapet on a flat roof building or to the average height of the highest roof surface on a sloped roof building except that chimneys, stacks, steeples, roof-mounted air handling equipment, etc., shall not be considered in measuring height, except as modified by § 310-60. See chart, "Building Heights Measurement Standards."[8]
[Amended 9-27-2017 by Ord. No. 797]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennae mounted on the tower and any other appurtenances.
Any frame hive, box hive, box, barrel, log, gum, skep or
other receptacle or container, natural or artificial, or any part
thereof, which may be used or employed by a beekeeper as a domicile
for bees which are expected to establish a permanent nest. The hive
or hive grouping may be referred to as the "beekeeping facilities"
herein.
A dwelling unit which houses and provides twenty-four-hour
supervision and rehabilitative services for no more than six developmentally
disabled individuals and is licensed by the appropriate state and
county agencies.
A dwelling unit fabricated in an off-site manufacturing facility
for installation or assembly at the building site, bearing a label
that it is built in compliance with the Federal Manufacturing Housing
Construction and Safety Standards. All manufactured homes must be
placed upon a permanent foundation and in accordance with the Township's
current building code.[9]
Any premises operated for profit in which nursing care and
related medical or other health services are provided, for a period
exceeding 24 hours, for two or more individuals, who are not relatives
of the operator, who are not acutely ill and not in need of hospitalization,
but who, because of age, illness, disease, injury, convalescence or
physical or mental infirmity, need such care and is licensed by appropriate
state and county agencies.
An occupation carried on in a dwelling unit, by the principal occupant and as defined in § 310-69C.
A building where food, shelter and personal assistance or
supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
may require assistance or supervision in such matters as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self-administration
and is licensed by the appropriate state and county agencies.
A personal care residential home having more than 10 occupants,
including clients (any person who is a resident), operator (any person
responsible for day-to-day operation and supervision of the home or
residence) and family of the operator and is licensed by the appropriate
state and county agencies. An operator may also be the homeowner.
A personal-care residential home that is limited to no more
than 10 persons, and no fewer than three persons, including clients
(any person who is a resident), operator (any person responsible for
day to day operation and supervision of the home or residence), and
family of the operator and is licensed by the appropriate state and
county agencies. An operator may also be the homeowner.
A facility offering care to elderly persons who require medical
assistance, care or supervision 24 hours a day (other than a hospital),
which are licensed by the Commonwealth of Pennsylvania and supervised
and regulated by the Commonwealth of Pennsylvania. The term shall
not include group homes, rehabilitation centers for drug or alcohol
treatment, or residences for persons convicted of crimes or established
to house residents for disciplinary purposes.
Any premises, other than a mental health establishment as
defined herein, having an organized medical staff and providing equipment
and services primarily for inpatient care for two or more individuals
who require definitive diagnosis and/or treatment for illness, injury,
or other disability or during or after pregnancy, and which also regularly
makes available at least clinical laboratory services, diagnostic
X-ray services and definitive clinical treatment services. The term
shall include such premises providing with diagnosis or treatment,
or both, for specific illnesses or conditions.
A facility offering transient lodging accommodations to the
general public and which may provide additional services, such as
restaurants, meeting rooms and recreational facilities.
Any time from one-half hour before sunset to one-half hour
after sunrise and any other time when the illumination level is less
than the required lighting for uses as designated in this chapter.
A document issued by the DOH that permits access to medical
marijuana.
[Added 11-28-2018 by Ord.
No. 818]
Development for which a site plan and landscaping plan have
been submitted and approved by the Township Council and which is reasonably
to commence within 30 days.
Material which, for the most part, resists the entrance or
passing through of water.
The Township Engineer or the authorized representative designated
by Council, to make any or all necessary inspections of the work performed
and materials furnished by the developer or their contractors selected
to install the improvements required by this chapter.
International Property Maintenance Code (as amended).
The breeding, leasing, buying, sale, exchange, placement, boarding, training, grooming, or housing of more than four domestic animals, for compensation or profit in any indoor housing facility wherein the animals cannot stray therefrom. Domestic animals shall be limited to dogs, cats, and such other species as may be considered pets in a residential setting. See§ 310-78A(9).
A plan which encompasses a proposed land development, which in addition to a plat of subdivision, if required, includes: all covenants relating to the use of the land; the proposed use, location and bulk of buildings and other structures; the intensity of use or density of development; streets, ways and parking facilities; common open space and public facilities. The land development plan shall include all of the written and graphic information required by this chapter, Chapter 280, Subdivision and Land Development, and the Grading Ordinance.[10]
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.
Artificial light which causes a detrimental effect on the
environment, astronomical research or enjoyment of the night sky or
causes undesirable glare or unnecessary illumination of adjacent property.
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
An area of property on which activities are of such a nature
as to require regular receiving and/or shipping of goods, such area
to be used exclusively for loading and not to interfere with other
vehicular or pedestrian circulation on the property.
A public street or road, accepted by ordinance, serving abutting
homogeneous land uses and providing for no truck usage except for
local deliveries.
[Added 8-28-2019 by Ord.
No. 827]
A hall or meeting place of a local branch, or the members
composing such a branch, of a fraternal order or society.
A designated parcel or tract of land established by a plat
or otherwise permitted by law.
The total area within the boundary of the lot.
That percentage of a lot covered by all impervious surfaces
including structures, driveways, sidewalks and parking spaces. (See
Table A.[11])
The mean horizontal distance between the front lot line and
the rear lot lines measured within the lot boundaries.
That boundary of a lot which is along an existing or dedicated
street or right-of-way, with corner lots having two front lot lines.
That boundary of a lot which is most distant from, and is
most nearly parallel to, the front lot line. In the case of corner
lots or odd-shaped lots, the side yard setback shall be used as the
rear yard setback.
A lot which has been duly recorded in the Office of the Recorder
of Deeds of Allegheny County, either individually or as part of a
subdivision.
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical, and decorative parts. The pole,
post, or bracket is not considered a part of the luminaire.
The process or fabrication, including assembly of certain materials and products, identified in § 310-40A(1) and (2) and § 310-41A(2), which will meet all requirements of §§ 310-63 and 310-65 of this chapter.
Manufacturing including the production, processing, cleaning,
testing and distribution of materials, goods, foodstuffs and products
which, due to the nature of the materials, equipment or process utilized,
the manufacturing operation is considered to be unclean, noisy, hazardous
or is associated with other objectionable elements.
Manufacturing including the production, processing, cleaning,
testing and distribution of materials, goods, foodstuffs and products
which by the nature of the materials, equipment and process utilized
is, to a considerable measure, clean, quiet, and free of any objectionable
or hazardous elements.
An establishment that employs massage therapists licensed
by the Pennsylvania State Board of Massage Therapy, engaging in the
application of a system of structured touch, pressure, movement, holding
and treatment of the soft tissue manifestations of the human body
in which the primary intent is to enhance the health and well-being
of the client without limitation, except as provided in the Massage
Therapy Law of Pennsylvania.[12] The term includes the external application of water, heat, cold, lubricants or other topical preparations, lymphatic techniques, myofascial release techniques and the use of electromechanical devices which mimic or enhance the action of the massage techniques. The term does not include the diagnosis or treatment of impairment, illness, disease or disability, a medical procedure, a chiropractic manipulation (adjustment, physical therapy mobilization), manual therapy, therapeutic exercise, electrical stimulation, ultrasound or prescription of medicines for which a license to practice medicine, chiropractic, physical therapy, occupational therapy, podiatry or other practice of the healing arts is required. Massage therapy establishment does not include sexually explicit or sexually oriented businesses as defined and governed by Chapter 310, Article XVII of the Hampton Township Code.
[Added 9-26-2018 by Ord.
No. 811]
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement,
which the parties themselves create and consider acceptable.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.
[Added 11-28-2018 by Ord.
No. 818]
Act of April 17, 2016, P.L. 84, No. 16, and any subsequent
amendments.[13]
[Added 11-28-2018 by Ord.
No. 818]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added 11-28-2018 by Ord.
No. 818]
Any premises or part thereof, private or public, for the
care of individuals who require care because of mental illness, mental
retardation or inebriety but shall not be deemed to include the private
home of a person who is rendering such care to a relative.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas. It is noted that natural gas is
not a mineral per se, but is recognized as such in the PA MPC (source
of the definition above).
The amount of light falling on that point of a surface with
the least illumination, calculated through application of a maintenance
factor, which is a multiplier applied to account for aging of the
lamp and for dirt buildup on the luminaire during the period for which
the lamp is in place. Unless otherwise specified, light is measured
on a horizontal plane at ground level The average maintained footcandle
is calculated using the industry standard uniformity ratio of average
and minimum light levels of 4:1 as established by the Illumination
Engineering Society of North America.
A parcel, or contiguous parcels of land, which has been so
designated and improved, and that contains two or more lots for the
placement thereon of mobile homes for nontransient use.
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 antennae and connecting appurtenances.
Hampton Township.
[Amended 11-28-2018 by Ord. No. 817]
Any activities of the police, community services or recreational
or administrative departments of the Township of Hampton, its municipal
authorities, other agencies which may from time to time hereafter
be created by the Township of Hampton, or facilities erected to house
or further such activities.[14]
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition, or any subsequent edition.
[Added 11-28-2018 by Ord.
No. 817]
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:
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.
A lot, the area or dimension of which was lawful under a
zoning ordinance 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.
A structure, or portion thereof, lawfully existing on the
effective date of this chapter or subsequent amendment hereto or some
prior ordinance in effect at the time of the construction of the structure,
which was erected or altered for a use that does not completely conform
to the use regulations applicable in the district in which it is located.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
The use, whether of land or of structure, which does not
comply with the applicable use provisions in the zoning ordinance
or amendments 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.
All nontower wireless communications facilities, including
but not limited to, antennae and related equipment. Nontower WCF shall
not include support structures for antennae or any related equipment
that is mounted to the ground or at ground level.
A device containing small amounts of pyrotechnic and/or explosive
composition, producing limited visible or audible effects. Must comply
with Act 204 of 2004 and APA Standard 87-1. Regulated by the Pennsylvania
State Police Fire Marshall.
[Added 11-28-2018 by Ord.
No. 817]
A certificate issued by the Zoning Officer attesting to the
fact that all requirements of this chapter and other applicable regulations
have been met and that the building and area for which the permit
applies may be occupied for the use for which the application is made
and is permissible under this chapter, or which was lawfully issued
under any previous ordinance.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
[Added 11-28-2018 by Ord.
No. 817]
An office for such businesses as insurance, utilities, stenographic
service, employment service, real estate, post office and sales as
those by a manufacturer's representative.
The location of a medical office, practice, or clinic of
a state regulated or licensed profession or other practitioner in
the medical, dental or other healing arts, which shall include, but
not be limited to, doctor, physician, nurse or nurse practitioner,
physician's assistant, chiropractor, dentist, orthodontist, psychiatrist,
psychologist, other mental health services, drug or alcohol rehabilitation,
treatment or counseling services, or other similar practitioners.
The location of the practice of a state regulated and licensed
profession, which shall include, but not be limited to the following
professions: law, engineering, architect, accounting, and other similar
professions, but shall not include a medical or dental office.
An area, entirely sized as specified by Article XIII of this chapter, wholly outside any public right-of-way but with direct access via a driveway or access lane to a public street.
[Added 8-28-2019 by Ord. No. 827]
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.
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
wellsite, but that are not included in the wellsite, including, but
not limited to, horizontal drilling and hydraulic fracturing zones,
underground gathering and transmission pipelines established in accordance
with Public Utility Commission guidelines, water distribution lines
and similar underground facilities incidental to oil and gas drilling.
[Added 8-28-2019 by Ord.
No. 827]
The drilling and operation of oil and/or natural gas well(s).
The oil and gas well use shall be deemed to be located at the wellsite.
For purposes of this chapter, the following types of wells and drilling
activities are subsumed in the definition of oil and gas wells:
[Added 8-28-2019 by Ord.
No. 827]
HIGH VOLUME (SLICK-WATER) HYDRAULIC FRACTURING (HVHF)Fracturing of subsurface rock formations by pumping large quantities of fluids at high pressure down a wellbore and into a target rock formation for the purpose of removing subsurface oil and/or gas below the wellsite and horizontally/directionally therefrom. This process is also referred to as "unconventional natural gas development and production (UNGDP)."
INJECTION WELLS AND/OR DRILLINGThose wells and activities used to place fluids and/or gases underground into porous geologic formations. These underground formations may range from deep sandstone or limestone, to a shallow soil layer. Injected fluids and/or gases may include carbon dioxide, fresh water, waste water, brine (saltwater), or water mixed with chemicals. Injection wells include all EPA classes of injection wells.
CONVENTIONAL OIL AND GAS DRILLINGPetroleum and raw natural gas extracted from the ground using traditional drilling, pumping and compression techniques without additional stimulation to facilitate oil/gas flow at atmospheric temperature and conditions. Conventional oil and gas drilling does not include HVHF methods or processes.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, though, and
below the surface of the earth.
The well site exploration and site preparation, well site
construction, drilling, redrilling, reworking, hydraulic fracturing,
and/or site restoration associated with an oil and gas well of any
depth; water and other fluid storage, impoundment and transportation
used for such activities, following Phase I approval and through completion
of development activities; and the installation and use of all associated
equipment, including tanks, meters, and other equipment and structures
whether permanent or temporary; and the site preparation, construction,
installation, maintenance and repair of oil and gas pipelines and
associated equipment and other equipment and activities associated
with the exploration for, production and transportation of oil and
gas other than natural gas compressor stations and natural gas processing
plants or facilities performing the equivalent functions that operate
as midstream facilities.
Phase 2 or extraction of oil and/or gas once all exploration
and development activities (Phase 1) have been completed and until
such time as additional or other Phase 1 exploration or oil and/or
gas development activities may be required again for the same well(s)
following such prior production activities. Such interim or additional
exploration or oil and/or gas development activities following prior
production shall comply with all Phase 1 requirements set forth herein
and shall require a new application and approval prior to commencement.[15]
Hydrocarbons in liquid form at standard temperature of 60°
and pressure 14.7 psi.
A parcel or parcels of land, or an area of water, or a combination
of land and water, within a development and designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities. See also definition for "common ground."
Open space must consist of a tract of land exceeding at least
1/2 acre in area, which has been designated to remain undeveloped
permanently for resource protection, or for recreation or agricultural
purposes. Open space does not include road rights-of-way, yards around
dwelling units, lots and/or dwelling units, parking areas, or buffer
yards unless the buffers are a minimum of 40 feet in width and are
contiguous with other open space or part of a greenway corridor. Open
space is further defined in two specific categories, as follows:
NATURAL RECREATION AREAOpen space which is left in its natural predevelopment state with only passive recreation allowed, such as trails and/or areas for public off street parking necessary for the residents and/or visitors of the development while they are using the recreation area.
ACTIVE RECREATION AREAOpen space which accommodates such facilities as swimming pools, tennis courts, ballfields, etc.[16]
A low wall projecting above the roof of a flat-roofed building
usually as an extension of the side walls.
An open area of ground set aside for public use with recreational
facilities, playgrounds and structures or left in a natural state,
and owned and operated by a nonprofit association or group for the
benefit of the public or the residents of the Township, as in density
transfer. It may not include a miniature golf course or driving range.
Amusement parks or any predominantly commercial enterprise shall not
be considered a park.
An area meeting the requirements of § 310-80A(1) of this chapter for the parking of one vehicle off street.
Any land owned by the Township or authorized by the Township
to be designated as a municipal park or open space, whether or not
developed.
A paved or finished at-grade structure directly adjacent
to or in near proximity to a principal building without a permanent
covering or permanent sidewalls.
A form of multiunit housing that generally includes a rear
or side closed-in yard or patio area.
The state law adopted July 31, 1968, as Act 247, as amended,[17] regulating municipal land use control in Pennsylvania.
Minimum requirements designed to minimize the impact of potentially
detrimental conditions (i.e., noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, glare, heat, etc.)
upon adjacent properties in particular, and the environment in general.
A standard which establishes an end result or outcome which is to
be achieved, but does not prescribe specific means for achieving it.
A specification standard, in contrast, is one which prescribes the
exact characteristics to be used, leaving little choice to the applicant.
The release rate percentage is an example of a performance standard;
the design standards for storm sewers are specification standards.
Verification of registration with the Pennsylvania Department
of Health and proof of permission to operate.
[Added 11-28-2018 by Ord.
No. 818]
An activity which is expressly allowed to occur on a property
because of the property's location in a particular zoning district
in accordance with the terms of the current ordinance.
Services provided on the premises in an office, or in facilities
regulated by governmental agencies, and including retail sales of
products to be used off the premises as only an incidental part of
the business.
One or more sections on which an applicant proposes to commence
development at the same time, as part of a timetable for development
of a planned residential development or subdivision over a period
of years.
An area of land, owned by a single landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does 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 Article IX of this chapter.
The Planning Commission of the Township of Hampton.
An attachment to a building covered by a permanent roof,
but without permanent side walls.
The single primary or predominant use to which property may
be devoted and to which all other uses on the property are accessory.
The structure on a residential or nonresidential property
containing the principal use or uses, whether conforming to the requirements
of this chapter or not, and thus making all other structures and uses
on the property accessory. There shall be but one principal permitted
use on any lot, tract, or unit in the zoning district which the land
is located, except where shared or mixed uses are permitted.
Any gas or oil well that has been brought on line to provide
the material to market after any and all Phase 1 exploration and development
activities have been completed. A production well shall not include
any well or well site, which following a period of prior production,
requires additional exploration or other Phase 1 development activities
prior to recommencing further production activities.
A tract of contiguous land surface, including the structures
thereon, all sections of which are in the same ownership, surrounded
by a boundary that closes on itself.
All or part of the boundary describing the limits of a property.
Any leased or owner-occupied residence, leased or owner-occupied
commercial business, school, religious institution or other public
building that may be impacted by noise and other external impacts
generated from activity associated with oil and gas well development
and/or a natural gas compressor station or natural gas processing
plant. This term shall not include any structure:
[Added 8-28-2019 by Ord.
No. 827]
Owned by a grantor or lessor who has signed an agreement granting
surface rights to drill a well and/or erect and maintain a natural
gas compressor station or processing plant; or
Whose owner and/or occupants has or have signed a waiver relieving
the operator(s) from implementation of the measures established in
this chapter for the owner's and/or occupants' benefits.
Includes:
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 this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[18]
Notice 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. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A service by a company, or agency, or individual licensed
or regulated by the Public Utility Commission of the Commonwealth
of Pennsylvania, distributing water, gas or electricity by means of
a network or overhead or underground lines, all of which shall be
to provide such services to residents or occupants of properties within
the zoning district of the same; the term shall not include communications
facilities, such as telephone, cellular telecommunications, radio
transmissions, television transmissions, or any other communications
services for public or private use, for transmission to persons, residents
or occupants of premises not in the zoning district in which the services
are provided, excluding therefrom, however, police, fire and emergency
transmissions by government units or facilities.
Service buildings, structures or facilities owned by a public
utility company as defined herein, and which provide the services
for which the building structure or facility was designed to serve
the residents of the zoning district in which the building, structure
or facility is located. The term shall not include telephone, central
offices, electric substations, communications facilities, tower sites,
or other electronic, or radioactive, electromagnetic transmission
towers, antennas, or other equipment or facilities for transmission
for use by the general public situate outside the boundaries of the
Township of Hampton.
A residential building, on a lot, containing four dwelling
units, each with a private entrance, connected by party walls along
the back and one side of each entrance.
The area of any property between the rear line of the property
and the rear setback line.
RECREATION, COMMERCIALAn activity operated for profit by other than a public entity for the outdoor or indoor pursuit of sports, recreation and leisure activities, including, but not limited to, such establishments as miniature golf, golf courses, golf or batting practice facilities, ice or roller rinks, playing fields, racquet clubs, swimming pools, amusement parks, arenas, stadiums, amphitheaters, fitness clubs and similar facilities.
RECREATION, NONCOMMERCIALAn activity operated not for profit by an individual, association, or corporation, other than a public entity, and whether or not the facilities are advertised to the general public, including either indoor or outdoor facilities, for the pursuit of sports, recreation and leisure activities, the use of which is limited to members and their guests, including, but not limited to, such establishments as country clubs, golf courses, sportsmen's clubs, golf practice facilities, playing fields, tennis or racquet clubs, fitness clubs, swimming pools and similar facilities.
RECREATION, PUBLICAn activity operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation or leisure activities, including, but not limited to, parks, playgrounds, playing fields, golf courses, golf or batting practice facilities, ice rinks, tennis courts, swimming pools and similar facilities.
Deepening or sidetrack/horizontal drilling extending more
than 150 feet from the existing well bore.
An individual registered to practice civil engineering in
the Commonwealth of Pennsylvania.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
[Added 11-28-2018 by Ord.
No. 818]
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.
The removing from force or effect of a section of an ordinance
or an entire ordinance previously passed by the Township Council subsequently
rescinded by official action of the body.
The number of necessary off-street parking spaces needed to serve a specific use, generally on the same property as the use. (See Article XIII.)
A retail use which provides food for consumption on the premises,
and includes tables and chairs with table service where customers
are provided with an individual menu.
A restaurant, any portion of whose business includes serving
food to customers in motor vehicles.
A retail business which serves ready-to eat food and/or beverages,
available upon a short waiting time, for consumption on or off the
premises, with limited table service.
Reentry of existing well within the existing bore hole or
by deepening or sidetrack/horizontal operations which do not extend
more than 150 feet from the existing well bore, or replacement of
well liners or casings.
A strip of land which provides access to property abutting
it, i.e., an easement across private property for the passage of public
utilities or the disposal of stormwater; easement for ingress or egress.
A streamside area of trees or other vegetation which can
intercept surface runoff, subsurface flow and deeper groundwater flows
for the purpose of removing or buffering the effects of nutrients,
pesticides or other chemicals from upland uses which could otherwise
enter bodies of water.
A building or group of two or more buildings containing one
or more individual, self-contained, compartmentalized storage units
for inside storage of business and household goods where no individual
unit within said building or buildings exceeds 500 square feet in
floor area, the operation and maintenance of which facility is subject
to the terms of the Pennsylvania Self-Service Storage Facility Act,
73 P.S. § 1901 et seq., and this chapter.
A building or series of buildings consisting of a dining
area served by a central kitchen containing units for independent
elderly persons who are in need of some basic help with activities
of daily living.
A building or series of buildings consisting of a dining
area served by a central kitchen containing units for independent,
elderly, self-reliant persons requiring no medical assistance, care
or supervision.
A distance prescribed for each zoning district established
by this chapter measured from any property line to line within the
property, describing the limit of construction on the property and
defining the required front, side and rear yards.
A technique or method of construction which causes light
emitted from an outdoor light fixture to be projected below an imaginary
horizontal plane passing through the fixtures.
The property lines at each side of a property intersecting
the front and rear property lines.
The area of any property bounded by the required front and
rear yards and the side property line and parallel side setback line.
The usual distance a vehicle operator can see unimpeded along
the road he is traveling or the road he is entering or crossing, such
distance related to reaction time and vehicle speed and assuming the
operator's eye level above the pavement to be three feet six
inches.
A device, fixture, placard, or structure that uses color, form, graphic, illumination, symbol or writing to provide identification, direct attention or to communicate information of any kind to the public regarding a person, entity, organization, business or idea, and further defined in § 310-87 of this chapter.
The entire area on which graphic or written material or information
is placed for viewing in a single direction.
AVERAGE PERCENT SLOPEThe average slope of the area of environmental disturbance, determined by dividing the difference in elevation at the extremes of the environmental disturbance by the horizontal distance between the limits of the environmental disturbance as determined by an actual field topographical survey of the elevations within the area of environmental disturbance.
STEEP SLOPEAreas where the slope is from 15% to 25% between adjacent contour lines as shown on topological maps (i.e., where the scaled horizontal distance between the five-foot contour lines is between 20 feet and 33 1/3 feet) or between adjacent contour lines having an interval of five feet or less as shown on detailed site plans prepared by a registered engineer or surveyor based on actual field topographical surveys.
VERY STEEP SLOPESAreas where the slope exceeds 25% between adjacent contour lines as shown on topological maps (i.e., where the scaled horizontal distance between the five-foot contour lines is less than 20 feet) or between adjacent contour lines having an interval of five feet or less as shown on detailed site plans prepared by a registered engineer or surveyor based on actual field topographical surveys.
A mechanism, specifically designed and sized for residential
properties, that converts the energy of the wind into kinetic energy.
Also known as "wind generators," "wind turbines," "wind power units
(WPU)," "wind energy converter (WEC)," or "aerogenerators." A system
is considered a residential SWECS only if it supplies electrical power
solely for on-site use, except that when a parcel on a system is installed
also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use
may be used by the utility company.
Camouflaging methods applied to wireless communications towers,
antennae 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 antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
CONVENIENCE STOREA retail establishment which offers a limited selection of grocery, household and personal items for quick purchase and which may include the dispensing of gasoline and accessory automobile products.
FOOD STOREA retail establishment which primarily sells specialty or gourmet food items or meats and groceries which are packaged and which are not available for consumption on the premises.
GROCERY STOREA retail establishment which primarily sells meat and food products, but which may also include as accessory uses a pharmacy, a florist, video rental (excluding an adult video store), banking and copy/fax services.
RETAIL STOREA retail establishment which sells merchandise at retail including department stores, home improvement stores, the sale of electronic equipment, clothing and all types of merchandise. A large retail store shall consist of 5,000 square feet or more. A small retail store shall consist of less than 5,000 feet.
Includes street, avenue, boulevard, road, drive, court, 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, including the right-of-way thereof.
A public street which serves large volumes of local and through
traffic and which collects and distributes traffic from collector
streets through the region. Streets classified as arterial in the
Township include: Route 8, Duncan Avenue, Ferguson Road, Hardies Road,
Harts Run Road, Middle Road, Mount Royal Boulevard, Sample Road, Wildwood
Road and Wildwood Road Extension.
A public street which, in addition to providing access to
abutting lots, intercepts local streets and provides a route for carrying
considerable volumes of local traffic to community facilities and
arterial streets. Streets classified as collector in the Township
include: Clearview Road, East Bardonner Road, Elfenwild Road, Haberlein
Road, Hardt Road, McCully Road, McNeal Road, South Pioneer Road, Wickline
Road and Wildwood Sample Road.
A street including the entire private right-of-way, which
is privately owned and maintained through private agreement and which
is intended for private use.
A vehicular thoroughfare constructed either by a public agency
or by a developer who records the right-of-way and builds to standards
established by the Township which accepts by ordinance the thoroughfare
for perpetual maintenance. Direct access to such a thoroughfare shall
be required for the subdivision (and/or development) of any property,
in accordance with minimum front yard widths established by this chapter
for the zone district in which the property is located.
A revision to a structure involving the removal or addition
of an interior wall or any change to the structures exterior that
increases or diminishes exterior dimensions or adds or removes openings
in the exterior walls.
Any man-made object having an ascertainable stationary location
on, or in, land or water, whether or not affixed to the land, including
buildings, billboards, carports, porches, and other building features,
but not including sidewalks, drives and patios.
Township of Hampton, Ordinance No. 583, as amended." (See Ch. 280, Subdivision and Land Development.)
As regards wireless communications facilities.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth in the
WBCA and the Township Zoning Ordinance if necessary to avoid interference
with existing antennae; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
A container, covered or uncovered, used in conjunction with
the drilling or production of oil and gas or other hydrocarbons for
holding or storing fluids.
An aboveground assembly of fluid storage containers that
are each certified by a nationally recognized testing laboratory or
organization such as the ASA, American Petroleum Institute, ASTM International,
the American Society of Mechanical Engineers, or the American Water
Works Association and used to support hydraulic fracturing operations.
Tank pads are permitted as a standalone conditional use or in conjunction
with the conditional use approval for an oil and gas well.
[Added 8-28-2019 by Ord.
No. 827]
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this chapter.
[Added 11-28-2018 by Ord.
No. 817]
An aboveground assembly of water storage containers that
are each certified by a nationally recognized testing laboratory or
organization such as the ASA, American Petroleum Institute, ASTM International,
the American Society of Mechanical Engineers, or the American Water
Works Association and used intermittently by the operator (for a period
not to exceed six months in a calendar year) to support water storage
for hydraulic fracturing operations. Temporary water storage facilities
are permitted in conjunction with the conditional use approval for
an oil and gas well.
[Added 8-28-2019 by Ord.
No. 827]
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
A lot or parcel on which a tower and its accessory components
are located. The minimum tower site area shall be one acre and must
sit solely on its own one-acre parcel owned by the applicant/owner
or a one-acre site leased by it to be used exclusively for telecommunications
purposes.
Single-family attached dwellings within a multifamily structure
with only one dwelling from ground to roof, each with individual outside
access. Not more than two parallel walls of each dwelling are in common
with other such dwellings.
A member of the Environmental Advisory Council, selected
by the Environmental Advisory Council, who assists in monitoring compliance
with a land development plan's environmental and landscaping
requirements. The tracker has no enforcement powers and shall report
its findings directly to the Zoning Officer.
Structures or portions of structures shall be classified
with respect to occupancy in one or more of the groups listed below
as defined in the ICC International Building Code as adopted and amended
for residential, storage and utility and miscellaneous group or as
defined in the ICC International Residential Code as adopted and amended
for one- and two-family dwellings and townhouses.
A freestanding structure designed and constructed as a property
divider or for privacy.
[Added 9-27-2017 by Ord.
No. 797]
A structure with 16 inches of vertical exposure or less constructed
as a border or standalone structure.
[Added 9-27-2017 by Ord.
No. 797]
A structure designed and constructed to resist the lateral
pressure of soil, when there is a desired change in ground elevation
that exceeds the angle of repose of the soil.
[Added 9-27-2017 by Ord.
No. 797]
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
[Amended 5-24-2017 by Ord. No. 796]
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store fresh
water.
[Added 8-28-2019 by Ord.
No. 827]
A lined depression, excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store waste
water 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 8-28-2019 by Ord.
No. 827]
All land and water within the confines of a drainage basin.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)
A hole or holes, bore or bores, that perforate the earth's
surface and rock layers to obtain water, brine, oil, gas or other
hydrocarbons from the earth.
The precise point of entry into the ground where the drilling
of a gas well takes place.
[Amended 8-28-2019 by Ord. No. 827]
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 well owner is a separate entity than
the operator, then the well 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 there from. In cases where
a well is used in connection with the underground storage of gas,
the term also means a storage operator.
[Added 8-28-2019 by Ord.
No. 827]
The graded pad and appurtenant area occupied by the facilities,
structures and equipment necessary for or incidental to the drilling,
production or operation of an oil or gas well at the site, including
wellsite preparation, wellsite construction, drilling, hydraulic fracturing,
site restoration, water and other fluid storage, impoundment and transportation
located at the site and used for such activities and installation
of associated equipment, the site preparation, construction and installation,
maintenance and repair of oil and gas pipelines and associated equipment
and other equipment and activities at the site associated with drilling
for, production and transportation of oil and gas, but excluding any
oil and gas development facility or use constituting a natural gas
compressor station or a natural gas processing plant or any other
facility used primarily to refine or process gas or oil.
[Amended 8-28-2019 by Ord. No. 827]
Any area meeting the criteria of the appropriate state or
federal agency to be a wetland.
A merchant middleman who sells chiefly to retailers, other
merchants, or industrial, institutional, and commercial users for
resale or business use.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennae, 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.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
The area of a property between property lines and setback
lines, of dimensions as noted in the bulk and dimensional requirements
of this chapter for each zoning district, within which structures,
or any enclosed portion thereof, cannot be constructed. (See also
definitions for "front yard," "side yard" and "rear yard.")
A board appointed by the Township Council to exercise all
the powers conferred to it by this chapter and the Pennsylvania Municipalities
Planning Code.[19]
A part of this chapter, the Official Map of the zoning districts
of the Township, showing precisely the boundaries and title of each
zoning district.
A person appointed by the Township Council of the Township
of Hampton to enforce the regulations of this chapter and any other
land use ordinance or ordinances, and with the power conferred in
the Municipalities Planning Code.[20]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See now the Solicitation of Funds for
Charitable Purposes Act, 10 P.S. § 162.1 et seq.
[4]
Editor’s Note: The former definition of “completion
of development or completion of drilling, re-drilling and re-working,”
which immediately followed this definition, was repealed 8-28-2019
by Ord. No. 827.
[5]
Editor's Note: Table B is included as an attachment to
this chapter.
[6]
Editor’s Note: The former definition of “drill
site,” which immediately followed this definition, was repealed
8-28-2019 by Ord. No. 827.
[7]
Editor's Note: See 72 P.S. § 9401 et seq.
[8]
Editor's Note: Said chart is included as an attachment to
this chapter.
[11]
Editor's Note: Table A is included at the end of this
chapter.
[12]
Editor's Note: See 63 P.S. § 627.1 et seq.
[13]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[14]
Editor’s Note: The former definitions of “natural
gas compressor station” and “natural gas processing plant,”
which immediately followed this definition, were repealed 8-28-2019
by Ord. No. 827.
[15]
Editor’s Note: The former definition of “oil and/or
gas wells,” which immediately followed this definition, was
repealed 8-28-2019 by Ord. No. 827.
[16]
Editor’s Note: The former definition of “operator,”
which immediately followed this definition, was repealed 8-28-2019
by Ord. No. 827.
[17]
Editor's Note: See 53 P.S. § 10101 et seq.
[18]
Editor's Note: See 65 P.S. § 271 et seq.
[19]
Editor's Note: See 53 P.S. § 10101 et seq.
[20]
Editor's Note: See 53 P.S. § 10101 et seq.
