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.
ACCESS LANE
The drive within a parking lot directly abutting parking surfaces and designed to provide a connection between the spaces and the public street.
ACCESS LANE, SHARED
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.
ACCESSORY USE OR STRUCTURE
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.
AFRICANIZED HONEYBEE
Hybrids of the African honeybee with various European honeybees that are aggressive compared to the European subspecies.
AMBIENT NOISE LEVEL
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]
AMENDMENT
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.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities, defined below.
APA 87-1
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]
APARTMENT
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.
APIARY
Any place where one or more colonies or nuclei of bees are kept.
APPEAL
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.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPOINTING AUTHORITY
Township Council of the Township of Hampton, or as may be designated in the law providing for the form of government.
ARBORETUM
A use where trees and plants are grown for scientific and educational purposes.
ASPHALTIC MIX
A bituminous concrete material meeting the requirements of PennDOT Publication 408, Section 400.
AUTHORITY
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]
AUTOMOBILE REPAIR GARAGE
A building, or part thereof, used for the servicing and repair of motor vehicles, including:
A. 
Engine overhaul; and/or
B. 
Body work; and
C. 
Where storage of parts and dismantled vehicles and all repair work is conducted entirely inside an enclosed building.
AUTOMOBILE SERVICE STATION
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:
A. 
The sale of petroleum products.
B. 
Sale and service of tires, batteries, automotive accessories and replacement items.
C. 
Washing and lubrication services within a completely enclosed building.
D. 
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.
BASEMENT
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.
BED-AND-BREAKFAST
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.
BEE
Any stage of the common hive or honeybee (Apis Mellifera) or other species of the genus Apis.
BEE DISEASE
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.
BEEKEEPER
An owner of an apiary or a person who has charge of an apiary of one or more colonies of bees in the Township.
BEST MANAGEMENT PRACTICES (OIL AND GAS)
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]
BILLBOARD
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).]
BOARDER
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.
BOUNDARY
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.
BUFFER
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.
BUILDABLE LAND
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.
BUILDING
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.
BUILDING CODE
The latest enacted edition of the Township of Hampton code relating to building and construction.[2]
BUILDING LINE
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.
BUILDING PERMIT
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.
CALIPER
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]
CAREGIVER
The individual designated by a patient to deliver medical marijuana.
[Added 11-28-2018 by Ord. No. 818]
CARETAKER HOME
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.
CARRIAGE HOME
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.
CARTWAY
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]
CENTER LINE
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.
CERTIFIED MEDICAL USE
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]
CHARITABLE
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.
CLINICAL REGISTRANT
An entity that:
[Added 11-28-2018 by Ord. No. 818]
A. 
Holds a permit both as a grower/processor and a dispensary; and
B. 
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.
CLOSED-LOOP SYSTEM
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]
CLUB, COUNTRY
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.
CO-LOCATION
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.
COLONY (COLONY OF BEES)
An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones.
COMMON GROUND
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]
COMPREHENSIVE PLAN
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.
CONDITIONAL USE
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.
CONSUMER FIREWORKS
[Added 11-28-2018 by Ord. No. 817]
A. 
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.
B. 
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.
CONVERSION APARTMENT
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.
COUNCIL or TOWNSHIP COUNCIL
The governing body of the Township of Hampton.
CUL-DE-SAC
A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DAY CARE
A. 
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.
B. 
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.
DBH (DIAMETER AT BREAST HEIGHT)
Diameter of a tree as measured 4.5 feet above ground level. In this chapter, used for measuring existing trees.
DECK
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.
DENSITY CREDIT
The maximum number of units per acre that are permitted within an identified zoning district.
DERELICT VEHICLE
Any vehicle lacking a current license plate and/or inspection sticker that is stored out of doors; also, a junk vehicle.
DERRICK
Any portable framework, tower, mast and/or structure which is required or used in connection with drilling or reworking a well for the production of oil and gas, i.e., rig.
DEVELOPABLE ACREAGE
The net acreage, used to determine density, resulting by subtracting the required deductions, in § 310-46, PRD density calculations, and Table B,[5] from the gross property area.
DEVELOPER
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.
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.
DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana.
[Added 11-28-2018 by Ord. No. 818]
DISPLAY FIREWORKS
[Added 11-28-2018 by Ord. No. 817]
A. 
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:
(1) 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
(2) 
Aerial shells containing more than 60 grams of pyrotechnic compositions; and
(3) 
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).
B. 
Display fireworks can only be used within the Township of Hampton pursuant to a special event permit secured by the Township.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
DOMESTIC ANIMALS
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.
DRILLING
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]
DRILLING EQUIPMENT
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]
DRIVEWAY
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.
DWELLING
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.
DWELLING, DUPLEX
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.
DWELLING, MULTIFAMILY
A building, which is the only principal building on the lot, containing three or more dwelling units.
DWELLING, SINGLE-FAMILY
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.
DWELLING UNIT
A. 
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.
B. 
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.
DYNAMIC DISPLAY
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.
EASEMENT
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.
EMERGENCY
A condition that:
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
ENVIRONMENTAL ADVISORY COUNCIL (EAC)
The Environmental Advisory Council of the Township of Hampton.
ENVIRONMENTALLY CRITICAL LANDS/ENVIRONMENTALLY SENSITIVE LANDS
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.
ESSENTIAL SERVICES
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.
EXPLORATION
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.
FAMILY
One or more individuals related by blood, marriage, or adoption; or not more than three unrelated individuals.
FARM ANIMALS
Those types of animals normally kept or raised on farms, including but not limited to chickens, pigs, cows, horses, sheep, goats, and the like.
FCC
Federal Communications Commission.
FIREWORKS FACILITY
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]
FIREWORKS LAW
Act 43 of 2017, which took effect on October 30, 2017, and any subsequent amendments.[7]
[Added 11-28-2018 by Ord. No. 817]
FLOODPLAIN
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.
FLOODWAY
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.
FLOOR AREA RATIO (FAR)
The ratio of the total floor area of a building as measured from the outside walls to the lot area.
FLOWBACK WATER
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]
FLYWAY BARRIER
A barrier composed of a fence, vegetation, hedge or combination thereof, which directs the bees quickly into the sky.
FOOTCANDLE
A unit of illumination produced on a surface, all points of which are one foot from a uniform point of one candle.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FORM OF MEDICAL MARIJUANA
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]
FRACTURE STIMULATION/HYDROFRACKING (FRACKING)
The process of injecting water, customized fracking fluid, steam, or gas into a gas well to improve gas recovery.
FRESH WATER
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]
FRONTAGE
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.
FRONT SETBACK LINE
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.
FRONT YARD
The area of any property between the front lot line and front setback line.
FULL SHIELDING
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.
FUNERAL HOME
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.
GARAGE, RESIDENTIAL
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.
GARDEN APARTMENTS
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.
GAS
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.
GAS STORAGE WELL
A well located and used in a gas storage reservoir for injection withdrawal purposes, or an observation well.
GLARE
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.
GRADING
Excavation or fill or any combination thereof including the conditions resulting from any such activities. See Chapter 161, Grading and Excavation, Article II, Grading Excavations.
GROSS ACREAGE
The total acreage of a tract for which an application is filed or approved.
GROSS FLOOR AREA (GFA)
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.
GROUNDWATER
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]
GROWER/PROCESSOR
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]
GRUBBING
The cleaning of underbrush from a treed area. See § 310-62F(4).
HEIGHT
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]
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennae mounted on the tower and any other appurtenances.
HIVE
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.
HOME, GROUP CARE
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.
HOME, MANUFACTURED
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]
HOME, NURSING
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.
HOME OCCUPATION
An occupation carried on in a dwelling unit, by the principal occupant and as defined in § 310-69C.
HOME, PERSONAL-CARE
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.
HOME, PERSONAL-CARE, LARGE
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.
HOME, PERSONAL-CARE, SMALL
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.
HOME, RETIREMENT OR CONVALESCENT
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.
HOSPITAL
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.
HOTEL or MOTEL
A facility offering transient lodging accommodations to the general public and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.
HOURS OF DARKNESS
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.
IDENTIFICATION CARD
A document issued by the DOH that permits access to medical marijuana.
[Added 11-28-2018 by Ord. No. 818]
IMMINENT DEVELOPMENT
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.
IMPERVIOUS MATERIAL OR SURFACE
Material which, for the most part, resists the entrance or passing through of water.
INSPECTOR
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.
IPMC
International Property Maintenance Code (as amended).
KENNEL
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).
LAND DEVELOPMENT PLAN
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]
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LIGHT POLLUTION
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.
LIGHT TRESPASS
The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LOADING AREA
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.
LOCAL STREET OR ROAD
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]
LODGE or FRATERNAL ORGANIZATION
A hall or meeting place of a local branch, or the members composing such a branch, of a fraternal order or society.
LOT
A designated parcel or tract of land established by a plat or otherwise permitted by law.
LOT AREA
The total area within the boundary of the lot.
LOT COVERAGE
That percentage of a lot covered by all impervious surfaces including structures, driveways, sidewalks and parking spaces. (See Table A.[11])
LOT DEPTH
The mean horizontal distance between the front lot line and the rear lot lines measured within the lot boundaries.
LOT LINE, FRONT
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.
LOT LINE, REAR
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.
LOT OF RECORD
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.
LUMINAIRE
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.
MANUFACTURING
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, HEAVY
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, LIGHT
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.
MASSAGE THERAPY ESTABLISHMENT
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]
MEDIATION
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.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.
[Added 11-28-2018 by Ord. No. 818]
MEDICAL MARIJUANA ACT
Act of April 17, 2016, P.L. 84, No. 16, and any subsequent amendments.[13]
[Added 11-28-2018 by Ord. No. 818]
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
A dispensary or a grower/processor of marijuana for medical purposes.
[Added 11-28-2018 by Ord. No. 818]
MENTAL HEALTH ESTABLISHMENT
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.
MINERALS
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).
MINIMUM MAINTAINED FOOTCANDLES OF LIGHT
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.
MOBILE HOME PARK
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.
MONOPOLE
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennae and connecting appurtenances.
MUNICIPALITY
Hampton Township.
[Amended 11-28-2018 by Ord. No. 817]
MUNICIPAL SERVICES/FACILITIES
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]
NFPA 1124
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]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
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.
NOVELTIES
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]
OCCUPANCY PERMIT
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.
OCCUPIED STRUCTURE
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]
OFFICE, BUSINESS
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.
OFFICE, MEDICAL OR DENTAL
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.
OFFICE, PROFESSIONAL
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.
OFF-STREET PARKING
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.
OIL AND GAS DEVELOPMENT FACILITY
[Added 8-28-2019 by Ord. No. 827]
A. 
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.
B. 
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.
C. 
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.
D. 
PRODUCTION FACILITYA facility related to the production of gas which utilizes motors and/or engines.
OIL AND GAS DRILLING SUBSURFACE FACILITIES
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]
OIL AND GAS WELL
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]
A. 
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)."
B. 
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.
C. 
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.
OIL AND/OR GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling a well of any depth into, though, and below the surface of the earth.
OIL AND/OR GAS DEVELOPMENT
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.
OIL AND/OR GAS PRODUCTION
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]
OIL or PETROLEUM
Hydrocarbons in liquid form at standard temperature of 60° and pressure 14.7 psi.
OPEN SPACE, COMMON
A. 
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."
B. 
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:
(1) 
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.
(2) 
ACTIVE RECREATION AREAOpen space which accommodates such facilities as swimming pools, tennis courts, ballfields, etc.[16]
PARAPET
A low wall projecting above the roof of a flat-roofed building usually as an extension of the side walls.
PARK
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.
PARKING SPACE
An area meeting the requirements of § 310-80A(1) of this chapter for the parking of one vehicle off street.
PARK, MUNICIPAL
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.
PATIO
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.
PATIO HOME
A form of multiunit housing that generally includes a rear or side closed-in yard or patio area.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
The state law adopted July 31, 1968, as Act 247, as amended,[17] regulating municipal land use control in Pennsylvania.
PERFORMANCE STANDARDS
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.
PERMIT
Verification of registration with the Pennsylvania Department of Health and proof of permission to operate.
[Added 11-28-2018 by Ord. No. 818]
PERMITTED USE
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.
PERSONAL AND PROFESSIONAL SERVICES
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.
PHASE
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.
PLANNED RESIDENTIAL DEVELOPMENT
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.
PLANNING COMMISSION
The Planning Commission of the Township of Hampton.
PORCH
An attachment to a building covered by a permanent roof, but without permanent side walls.
PRINCIPAL PERMITTED USE
The single primary or predominant use to which property may be devoted and to which all other uses on the property are accessory.
PRINCIPAL STRUCTURE
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.
PRODUCTION WELL
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.
PROPERTY
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.
PROPERTY LINE
All or part of the boundary describing the limits of a property.
PROTECTED STRUCTURE
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]
A. 
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
B. 
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.
PUBLIC GROUND
Includes:
A. 
Parks, playgrounds, trails, paths, other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic or historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[18]
PUBLIC NOTICE
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.
PUBLIC UTILITY
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.
PUBLIC UTILITY SERVICE BUILDINGS, STRUCTURES 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.
QUADRAPLEX
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.
REAR YARD
The area of any property between the rear line of the property and the rear setback line.
RECREATION
A. 
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.
B. 
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.
C. 
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.
RE-DRILL
Deepening or sidetrack/horizontal drilling extending more than 150 feet from the existing well bore.
REGISTERED ENGINEER
An individual registered to practice civil engineering in the Commonwealth of Pennsylvania.
REGISTRY
The registry established by the DOH for all medical marijuana organizations and practitioners.
[Added 11-28-2018 by Ord. No. 818]
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or nontower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
REPEAL
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.
REQUIRED PARKING
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.)
RESTAURANT
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.
RESTAURANT, DRIVE-IN
A restaurant, any portion of whose business includes serving food to customers in motor vehicles.
RESTAURANT, FAST-FOOD
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.
REWORK
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.
RIGHT-OF-WAY
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.
RIPARIAN BUFFER
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.
SELF-STORAGE FACILITY
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.
SENIOR ASSISTED-LIVING FACILITY
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.
SENIOR INDEPENDENT-LIVING FACILITY
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.
SETBACK
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.
SHIELDING
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.
SIDE LOT LINE
The property lines at each side of a property intersecting the front and rear property lines.
SIDE YARD
The area of any property bounded by the required front and rear yards and the side property line and parallel side setback line.
SIGHT DISTANCE
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.
SIGN
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.
SIGN FACE
The entire area on which graphic or written material or information is placed for viewing in a single direction.
SLOPE
A. 
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.
B. 
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.
C. 
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.
SMALL WIND ENERGY CONVERSION SYSTEMS (SWECS)
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.
STEALTH TECHNOLOGY
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.
STORE
A. 
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.
B. 
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.
C. 
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.
D. 
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.
STREET
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.
STREET, ARTERIAL
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.
STREET, COLLECTOR
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.
STREET, PRIVATE
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.
STREET, PUBLIC
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.
STRUCTURALLY ALTERED
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.
STRUCTURE
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.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO)
Township of Hampton, Ordinance No. 583, as amended." (See Ch. 280, Subdivision and Land Development.)
SUBSTANTIALLY CHANGE
As regards wireless communications facilities.
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth in the WBCA and the Township Zoning Ordinance if necessary to avoid interference with existing antennae; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
TANK
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.
TANK PAD
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]
TEMPORARY FIREWORKS STRUCTURE
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]
TEMPORARY WATER STORAGE FACILITIES
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]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
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.
TOWER SITE
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.
TOWNHOUSE
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.
TRACKER
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.
USE AND OCCUPANCY CLASSIFICATIONS
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.
VARIANCE
Relief granted to a property owner by the Zoning Hearing Board in accordance with the provisions of the Municipalities Planning Code outlined in Articles VI and IX.
WALL, BORDER
A freestanding structure designed and constructed as a property divider or for privacy.
[Added 9-27-2017 by Ord. No. 797]
WALL, DECORATIVE
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]
WALL, RETAINING
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]
WATERCOURSE
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]
WATER IMPOUNDMENT, FRESH
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]
WATER IMPOUNDMENT, WASTE
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]
WATERSHED
All land and water within the confines of a drainage basin.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.)
WELL
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.
WELLHEAD
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]
WELL OPERATOR or OPERATOR
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]
WELLSITE
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]
WETLANDS
Any area meeting the criteria of the appropriate state or federal agency to be a wetland.
WHOLESALER
A merchant middleman who sells chiefly to retailers, other merchants, or industrial, institutional, and commercial users for resale or business use.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
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.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
YARD
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.")
ZONING HEARING BOARD
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]
ZONING MAP
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.
ZONING OFFICER
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.
[2]
Editor's Note: See Ch. 120, Construction Code, Uniform.
[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.
[9]
Editor's Note: See Ch. 120, Construction Code, Uniform.
[10]
Editor's Note: See Ch. 161, Grading and Excavation.
[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.