Borough of Manor, PA
Westmoreland County
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[Ord. 315, 9/11/1974; as amended by Ord. 514, 7/15/2009, § XII; by Ord. 519, 4/21/2010, § VI; by Ord. 520, 7/21/2010, § III; by Ord. 524, 3/2/2011, § III; by Ord. 547, 7/17/2013, § 1; and by A.O.]
ACCESSORY USE
A use customarily incidental and subordinate to the principal use and located on the same lot as the principal use.
ADULT BUSINESS
An establishment consisting of, including, or having the characteristics of any or all of the following:
A. 
An establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale, books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
B. 
An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
C. 
An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
D. 
(1) 
An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(2) 
A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
ANIMAL CARE
The boarding, breeding, housing, keeping or medical treatment of five or more animals six months old or older.
ANIMATED SIGN
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:
[Ord. 554, 12/17/2014, § III]
ANNEXED AREAS
See § 27-321.
APARTMENT
See "dwelling, multi-family."
AUTOMOBILE REPAIR
A building or part thereof used for the repair of motor vehicles for renumeration, but not used for dismantling or scrapping of motor vehicles. A garage building available to the public and operated for gain and which is used for storage, repair, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles. Where more than two vehicles are located which are not in running condition and are not completely enclosed in a building, such premises shall be deemed a junkyard rather than a repair garage.
BANNER SIGN
A temporary sign painted or printed on a strip of cloth, vinyl, plastic or paper designed to be hung from poles, across the wall of a building or in a window.
[Ord. 554, 12/17/2014, § III]
BASEMENT
A portion of a building located partly underground, but having 1/2 or less of its clear floor-to-floor ceiling height below the average grade of the adjoining ground. A basement shall not be counted as a story for purposes of height measurement unless 1/2 or more of its volume is above the average elevation of the finished grade at the front of the building. An improved basement shall be counted as part of the floor area for a dwelling. A residential dwelling may be permitted as an accessory use in basements if all other requirements of this or other ordinances are met. This shall not be construed to permit a residential dwelling in a cellar.
BLOCK
A "block" is a tract of land bounded by streets or other definite physical or natural barriers, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or Borough and county boundary lines.
BOARD
Zoning Hearing Board of Manor Borough.
BUILDING HEIGHT
The vertical distance and the number of stories measured from the basic grade to:
A. 
The highest point of the roof adjacent to the front wall, for flat roofs.
B. 
The deck line of mansard roofs.
C. 
The main height between eaves and ridge, for gambrel, hipped or gabled roofs.
BUILDING LINE
The building line is an imaginary line fixed by the required yard depth measured back from and parallel to the nearest road right-of-way line or lot line.
BUSINESS
Commercial, when referring to zoning districts, is an interchangeable and equal reference.
CLEAN FILL
Excavated earth. This shall not include scrap, from commercial or industrial operators, used building materials or vehicles not in running condition.
CLINIC
Any establishment so designated where human patients are examined and treated by doctors or dentists but not hospitalized overnight.
CLUB
An establishment operated for social, recreational or educational purposes but open only to members and not the general public.
COLLEGES
See "educational institutions."
COMMERCIAL
Indicates business when referring to zoning districts.
COMMISSION
Manor Borough Planning Commission.
COMMONWEALTH
Commonwealth of Pennsylvania.
COUNCIL
Manor Borough Council.
COURT
Common Pleas Court of Westmoreland County.
CUL-DE-SAC
A dead-end street having a suitable turn-around.
CUT
An excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
[Ord. 554, 12/17/2014, § III]
DISTRICT
Indicates zoning district unless specified otherwise.
DWELLING
Any building or portion thereof which is designated for or used for residential purposes. The word "dwelling" shall not include hotels, motels or other structures used for transient residence.
A. 
A building designed for and used exclusively for occupancy by one family.
B. 
A building designed for and used exclusively for occupancy by two families living independently of each other and characterized by a common entrance.
C. 
A building designed for and used exclusively for occupancy by three or more families, living independently of each other and characterized by a common entrance. See "townhouse."
D. 
A dwelling with not more than one dwelling unit, where lodging is provided for more than two persons in addition to the family unit.
EASEMENT
A grant by the owner of land for use by others, including the public.
EDUCATIONAL INSTITUTIONS
Public, private or parochial, pre-school, elementary, secondary, junior and senior high schools; child care facilities, nursery schools, colleges, universities and business and vocational institutes of higher learning.
ELECTRICALLY ACTIVATED
Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
1.
Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds 15 seconds.
2.
Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
[Ord. 554, 12/17/2014, § III]
ELECTRONIC MESSAGE SIGN
A sign with changing text or graphics generated by electronic components, but not limited to, light emitting diode ("led") and plasma displays, or any other past or future technology. Electronic Message signs shall provide such information as current time, date weather and news updates.
[Ord. 554, 12/17/2014, § III]
ELECTRONIC MESSAGE SIGN OR CENTER
An electrically activated changeable sign whose variable message capability can be electronically programmed.
[Ord. 554, 12/17/2014, § III]
ELECTRONIC SIGN
Any sign with text or graphics generated by electronic components, including, but not limited to, light emitting diode ("led") and plasma displays, or any other past or future technology. An electronic sign is a changeable copy sign capable of displaying a message in pictures or other photographic images, symbols, numbers and/or text which may be changed electronically, mechanically or rearranged automatically by computer or other form of programming.
[Ord. 554, 12/17/2014, § III]
ELECTRONIC STREAMING SIGN
A sign capable of bearing a continuous or streaming message, copy, symbols, picture, television image and/or other form of message which may be changed electronically, mechanically or rearranged automatically by computer or other form of programming.
[Ord. 554, 12/17/2014, § III]
ENVIRONMENTALLY ACTIVATED
Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinner, pinwheels, pennant strings, and/or devices or displays that respond to naturally occurring external motivation.
[Ord. 554, 12/17/2014, § III]
ERECTED
Includes built, constructed, reconstructed, moved upon, or any physical operations on the land required for the building. Excavation, fill, drainage and the like shall be considered part of the erection.
EROSION
The removal of earth surface materials by the action of natural elements.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities, municipal, county or other governmental agencies of underground or overhead gas, electrical, steam or water transmission, disposal or distributor systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, off-street parking spaces and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal, county or other governmental agencies or for the public health, safety or general welfare.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is dug into, out, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
EXTERIOR SIGN
Any sign placed outside a building.
[Ord. 554, 12/17/2014, § III]
FAMILY
A family is:
A. 
A single person occupying a dwelling unit and maintaining a household.
B. 
Two or more persons related by blood or marriage, occupying a dwelling unit, living together and maintaining a common household, including not more than two boarders or roomers.
FARM
Any parcel or land containing at least 10 acres which may be used for gain in the raising of agricultural products, livestock, poultry or dairy products. It includes necessary structures and the storage of farm equipment. Truck gardens and nurseries shall be considered to be farms.
FASCIA SIGN
See "Wall or fascia sign."
[Ord. 554, 12/17/2014, § III]
FILL
Any act by which earth, sand, gravel, rock or any other soil material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original grade and a designated point of higher elevation on the final grade. The material used to make a fill.
FLASHING SIGN
See "Animated sign, electrically activated."
[Ord. 554, 12/17/2014, § III]
"FPO" FLOODPLAIN OVERLAY DISTRICT
The overlay zoning district applying to the properties within the underlying zoning district that are within various floodplain districts classified as special flood hazard areas as delineated in the Flood Insurance Study and the accompanying Flood Insurance Rate Map for the Borough of Manor, issued by the Federal Emergency Management Agency, effective March 17, 2011, or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study, and any subsequent revisions and amendments, to which those provisions, standards, rules and regulations as set forth in the Borough's Floodplain Management Ordinance [Chapter 8], as existing and as amended from time to time, and as set forth in applicable state and federal laws, rules and regulations concerning floodplains, floodways and flooding, shall apply.
FREE-STANDING SIGN
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
[Ord. 554, 12/17/2014, § III]
FRONTAGE
The distance between the points of intersection of the side and front lot lines. On a corner lot, frontage is the distance between the corner of the property abutting the intersection of rights-of-way and the intersection of the side lot line and the front property line. On lots arranged around a cul-d-sac where the radius of a curvature of the street is less than 150 feet, frontage shall be deemed to be the same as "mean lot width."
GASOLINE SERVICE STATION
Any building or premises used, for the retail sale of liquified petroleum products or other fuels for the propulsion of motor vehicles and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, anti-freeze, motor vehicle accessories and other items customarily associated with the sale of such products; for the rendering of services and making adjustments and replacements to motor vehicles, and the washing, waxing, and polishing of motor vehicles except those of a major type. Repairs of a major type are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring, and frame repairs, major overhauling of engines requiring the removal thereof or complete recapping or retreading of tires.
GOVERNING BODY
Manor Borough Council, Westmoreland County, Pennsylvania.
GRADE
The degree or inclination of a road or slope.
HOME OCCUPATION
Carried on within the dwelling structure, by the resident thereof, as a customary secondary use in connection with which there is no person employed, no display, no sign other than a name plate, no mechanical equipment other than normal domestic or household equipment; provided such use does not occupy more than 25% of the total floor area of one floor, and does not require internal or external structural alterations or involve construction features not customary in dwellings and has an off-street area to accommodate patrons.
HOME-BASED BUSINESS (NO-IMPACT)
A business or commercial activity administered or conducted as an accessory use, which is clearly secondary and incidental to the use as a residential dwelling and which does not involve customer, client, or patient traffic, or pickup, delivery, or removal functions, in excess of those normally associated with residential use. No-impact home-based businesses shall be included in this definition.
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 or lights, with the exception of a sign.
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.
ILLUMINATED SIGN
A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
[Ord. 554, 12/17/2014, § III]
INDUSTRIAL
Indicates "manufacturing" when referring to zoning districts.
JUNKYARD
A "junkyard" is an open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled. Materials include, but are not limited to, scrap iron and other metals, paper, rags, rubber tires and further includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. Any use of land which contains more than two vehicles which are not in running condition and which are not completely enclosed in a building shall be deemed a "junkyard."
LIGHT MANUFACTURING
The assembly, fabrication, manufacture, processing, production, storage and/or wholesale distribution of goods or products where no process involved will produce noise, vibration, fire hazard, air pollution or other emissions, noxious or dangerous to neighboring properties within 400 feet; such goods or products include advertising signs and displays; artificial limbs, braces and orthopedic devices; awnings, tents and tarpaulins; bakery, dairy and food products, but not animal slaughtering, curing, not rendering of fats; books, magazines, newspapers and printed material; cabinets custom millwork and woodworkings; ceramics, nonstructural tile and cement products; clothing and wearing apparel; custom sheet metal work; dies and gauges; draperies, upholstery and slip covers; electrical instruments and electronic devices; home appliances, radio and television; jewelry; light weight nonferrous metal castings; lithographic plates and photo engravings; machine tools; meters; musical instruments; non-alcoholic beverages; office machines; optical goods and instruments; patterns; pharmaceutical products and medicines; plastic moldings or extrusions but not the formulations of basic plastic material; precision instruments; sporting goods; timepieces; toys; type composition and Venetian blinds. Also, considered under this definition is the cleaning, maintenance, repair and/or service of all products permitted above as well as for batteries, bicycles, boilers, guns locks and rugs. Also, animal care, exterminators, freezer lockers, and cold storage, laboratories, laundries, light machine shops, machinery rental, moving and storage, packing and crating service, research laboratories with pilot plants, taxidermists and commercial welding are included in this definition for the purposes of this chapter.
LOT
A portion of subdivision or other parcel of land intended as a unit for transfer of ownership or for development or both. In determining the area of a lot, no part of the right-of-way of a street, alley or crosswalk may be included.
LOT AREA
The total space on a horizontal plane within the boundary lines of a zoning lot, not including any part of a street or alley.
LOT WIDTH
The distance between the side lines of the zoning lot measured at the shortest distance at or between the front and rear building lines as determined by the prescribed front and rear yard requirements.
LOT, CORNER
A lot situated at and abutting the intersection of two streets having an interior angle of intersection no greater than 135°.
LOT, INTERIOR
A lot other than a corner lot with frontage only at one street.
MECHANICALLY ACTIVATED
Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
[Ord. 554, 12/17/2014, § III]
MOBILE HOME
Any vehicle or portable structure which is equipped for and used as sleeping or living quarters for one or more persons; which may be temporarily or permanently affixed to real estate with or without a foundation; which may be drawn by its own or other motive power; which is, or by its original design may be, mounted upon wheels and may be used as a conveyance on highways or streets. Such structures shall have the same or similar electrical, plumbing and sanitary facilities as immobile housing or whatever name or title it is colloquially known.
MUNICIPALITY
Manor Borough.
OFF-PREMISE SIGN
See "Outdoor advertising sign."
[Ord. 554, 12/17/2014, § III]
ON-PREMISE SIGN
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
[Ord. 554, 12/17/2014, § III]
OUTDOOR ADVERTISING SIGN
A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
[Ord. 554, 12/17/2014, § III]
PERMIT
Written approval, in whatever form, including, but not limited to, permits, approvals and decisions, as issued by any officer, employee, agency, board or Council of the Borough, for any authorization or approval issued or granted in conformance with the provisions of this chapter.
PERMITTED USE
Use permitted by right according to provisions of this chapter.
PERSONAL SERVICES
Any commercial establishment providing services pertaining to the person, his apparel or personal effects commonly carried on or about the person and including hair dressing, shoe repair, tailoring and cleaning on the premises of wearing apparel brought to the establishment by the customer.
POLITICAL SIGN
Any sign which advocates a candidate for public office, or which supports a particular political party, or a position on an issue appearing on a ballot at an election. Political signs are not to be classified as temporary or permanent. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
[Ord. 554, 12/17/2014, § III]
PORTABLE SIGN
Any sign not permanently attached to the ground or to a building or building surface.
[Ord. 554, 12/17/2014, § III]
REAL ESTATE SIGN
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
[Ord. 554, 12/17/2014, § III]
RETAIL STORES
Stores for the sale of products such as, but not limited to antiques, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, periodicals, stationary, tobacco, paint and wearing apparel.
REVOLVING SIGN
A sign that revolves 360° (6.28 rad) about an axis. See also "Animated sign, mechanically activated."
[Ord. 554, 12/17/2014, § III]
RIGHT-OF-WAY
Land reserved for use as a street or for other public purpose.
SANITARY LANDFILL
A place used for the disposal of solid waste materials approved by the Westmoreland County Commissioners and the Pennsylvania Department of Environmental Protection.
SIGN
Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
[Ord. 554, 12/17/2014, § III]
SIGN AREA
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
[Ord. 554, 12/17/2014, § III]
SIGN COPY
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
[Ord. 554, 12/17/2014, § III]
SIGN FACE
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
1.
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
2.
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
3.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
4.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
[Ord. 554, 12/17/2014, § III]
SIGN STRUCTURE
Any structure supporting a sign.
[Ord. 554, 12/17/2014, § III]
SPECIAL EXCEPTION
A modification of the regulations of this chapter which the Board is permitted to authorize in specific instances listed in this chapter, under the terms, procedures, and conditions prescribed herein. See § 27-510.
STREET
Includes street, road, lane, alley, court, either intended for public or private use and shall include the cartway, sidewalk, gutter or right-of-way area, whether or not such street, or any part thereof, is owned by others.
[Ord. 554, 12/17/2014, § III]
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
TELECOMMUNICATIONS TOWER
A tower, pole or similar structure that supports cellular or telecommunications antenna operated for commercial purpose above ground in a fixed location, freestanding, guyed or on a building or other structure.
TEMPORARY SIGN
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
[Ord. 554, 12/17/2014, § III]
TOWNHOUSE
A residential structure containing four or more attached single-family dwelling units. Unlike row dwellings, each dwelling unit has a recorded lot in addition to a vested interest in common open space. The structure may be one or two stories in height. See "dwelling, row."
TRAILER TRAVEL (RELATED CAMPING AND RECREATIONAL EQUIPMENT)
Camping and recreational equipment shall include travel trailer, pickup coach, motorized home, boat and boat trailer, as defined below:
A. 
A travel trailer is a vehicular, portable structure mounted on a chassis and designed for temporary (short term) occupancy for travel, recreation and vacation purposes; permanently identified as a travel trailer by the manufacturer of the trailer; and, when factory equipped for the road, having a body width not exceeding eight feet and provided its gross weight does not exceed 4,500 pounds or any weight provided its body length does not exceed 17 feet.
B. 
A pick-up coach is a structure designed primarily to be mounted on a pick-up or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation use.
C. 
A motorized home is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle which is usually used for camping or vacation purposes.
D. 
A boat is a vessel not exceeding 20 feet in length and designed to travel on water.
E. 
A boat trailer is a trailer designed to haul a boat as defined above.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE
A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a variance shall be authorized only for the height, area and size of a structure or the size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district of adjoining districts. See § 27-509.
VEHICLE, NOT IN RUNNING CONDITION
Any vehicle, which by routine inspection can be determined to be seriously or permanently disabled, abandoned or in process of being dismantled, shall be considered to be not in running condition. The absence of a currently valid license or inspection sticker shall be deemed evidence that a vehicle is not in running condition. A vehicle not in running condition for more than 60 days is not considered to be an accessory use.
ZONING DISTRICT MAP
A map indicating the zoning districts of the Borough, together with all amendments thereto subsequently adopted.
[Ord. 315, 9/11/1974; as added by Ord. 539, 12/5/2012, § III]
The following words, terms and phrases, when used in this chapter in relation to oil and gas operations, unless the context clearly indicates otherwise, shall have and be defined as the same appear in the definitions as set forth in current lawful provisions of Act 13 of 2012. Any word, term or phrase hereafter set forth which is also defined in this chapter which relate to matters not involving oil and gas operations, shall continue to be defined, construed and interpreted by such other definitions. It is the intent of Borough Council that the words, terms and phrases contained in this section shall only apply to matters relating to oil and gas operations.
ABANDONED WELL
Any of the following:
(1) 
A well:
(a) 
That has not been used to produce, extract or inject any gas, petroleum or other liquid within the preceding 12 months.
(b) 
For which equipment necessary for production, extraction or injection has been removed.
(c) 
Considered dry and not equipped for production within 60 days after drilling, redrilling or deepening.
(2) 
The term does not include wells granted inactive status.
ADDITIVE
A hydraulic fracturing chemical.
AGRICULTURAL ZONING DISTRICT
The same meaning as such term is used in current lawful provisions Act 13 of 2012. The following Borough Zoning Districts shall for the specific purposes of this amendment of this chapter be considered "Agricultural Zoning Districts": "A-1" District.
ALTERATION
An operation which changes the physical characteristics of a well bore, including stimulation or removing, repairing or changing the casing. For the purpose of this chapter only, the term does not include:
(1) 
Repairing or replacing of the casing if the activity does not affect the depth or diameter of the well bore, the use or purpose of the well does not change and the activity complies with regulations promulgated under this chapter, except that this exclusion does apply:
(a) 
To production casings in coal areas when the production casings are also the coal protection casings.
(b) 
When the method of repairing or replacing the casing would affect the coal protection casing.
(2) 
Stimulation of a well.
BOARD
The Oil and Gas Technical Advisory Board.
BRIDGE
An obstruction placed in a well at any depth.
BUILDING
An occupied structure with walls and roof within which persons live or customarily work.
CASING
A string or strings of pipe commonly placed in wells drilled for natural gas or petroleum.
CEMENT OR CEMENT GROUT
Any of the following:
(1) 
Hydraulic cement properly mixed with water only.
(2) 
A mixture of materials adequate for bonding or sealing of well bores as approved by regulations promulgated under this chapter.
CHEMICAL
Any element, chemical compound or mixture of elements or compounds that has its own specific name or identity, such as a chemical abstract service number.
CHEMICAL DISCLOSURE REGISTRY
The chemical registry website developed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission or their successor organizations.
CHEMICAL FAMILY
A group of chemicals that share similar chemical properties and have a common general name.
COAL MINE
Any of the following:
(1) 
Operations in a coal seam, including excavated portions, abandoned portions and places actually being worked.
(2) 
Underground workings and shafts, slopes, tunnels and other ways and openings, including those which are in the course of being sunk or driven, along with all roads and facilities connected with them below the surface.
COAL OPERATOR
A person that operates or proposes to operate a coal mine as an owner or lessee.
COMMISSION
The Pennsylvania Public Utility Commission.
COMPLETION OF A WELL
The date after treatment, if any, that the well is properly equipped for production of oil or gas, or, if the well is dry, the date that the well is abandoned.
DEPARTMENT
The Department of Environmental Protection of the commonwealth.
DRILLING
The drilling or redrilling of a well or the deepening of an existing well.
ENVIRONMENTAL ACTS
All statutes enacted by the commonwealth relating to the protection of the environment or the protection of public health, safety and welfare, that are administered and enforced by the department or by another commonwealth agency, including an independent agency, and all federal statutes relating to the protection of the environment, to the extent those statutes regulate oil and gas operations.
FRESH GROUNDWATER
Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials.
GAS
Any of the following:
(1) 
A fluid, combustible or noncombustible, which is produced in a natural state from the earth and maintains a gaseous or rarified state at standard temperature of 60° F. and pressure 14.7 PSIA.
(2) 
Any manufactured gas, by-product gas or mixture of gases or natural gas liquids.
HEALTH PROFESSIONAL
A physician, physician assistant, nurse practitioner, registered nurse or emergency medical technician licensed by the commonwealth.
HYDRAULIC FRACTURING CHEMICAL
Any chemical substance or combination of substances, including any chemicals and proppants, that is intentionally added to a base fluid for purposes of preparing a stimulation fluid for use in hydraulic fracturing.
IMPOUNDMENT AREA
The same meaning as such term is used in Act 13 of 2012, including as used in 58 Pa.C.S.A. § 3304 and more specifically shall mean a water and other fluid storage or impoundment area used exclusively for oil and gas operations.
INACTIVATE
To shut off the vertical movement of gas in a gas storage well by means of a temporary plug or other suitable device or by injecting bentonitic mud or other equally nonporous material into the well.
INDUSTRIAL USES
The same meaning in this chapter as the term "industrial uses" is used in current lawful provisions of Act 13 of 2012; and, without limiting the foregoing, shall include the following specific uses provided for in this chapter under the listing of uses in the two Industrial Zoning Districts (L-1):
(1) 
All uses identified as permitted uses, conditional uses and special exceptions in the above Zoning District.
INDUSTRIAL ZONING DISTRICT
The same meaning as such term is used in the current lawful provisions of Act 13 of 2012. The following Borough Zoning District for the purposes of this chapter shall be considered "Industrial Zoning Districts": L-1 District.
LINEAR FOOT
A unit or measurement in a straight line on a horizontal plane.
MPC
The act of July 31, 1968 (P.L. 805, No. 247), known as the Pennsylvania Municipalities Planning Code.
NATURAL GAS
A fossil fuel consisting of a mixture of hydrocarbon gases, primarily methane, and possibly including ethane, propane, butane, pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and other gas species. The term includes natural gas from oil fields known as associated gas or casing head gas, natural gas fields known as nonassociated gas, coal beds, shale beds and other formations. The term does not include coal bed methane.
NATURAL GAS COMPRESSOR STATION
The same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. §§ 3301 — 3309.
NATURAL GAS LIQUIDS
Hydrocarbons in natural gas which are separated from the gas as liquids through the process of absorption, condensation, adsorption or other methods in gas processing of cycling plants.
NATURAL GAS PROCESSING PLANT
The same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. §§ 3301 — 3309.
OCCUPIED BUILDING
For the specific purposes of this chapter mean, consistent with the definition of "building" pursuant Act 13 of 2012 (58 Pa.C.S.A. § 3203), an occupied structure with walls and roof within which persons live or customarily work.
OIL
Hydrocarbons in liquid form at standard temperature of 60° F. and pressure 14.7 PSIA, also referred to as petroleum.
OIL AND GAS OPERATIONS
The term includes the following:
(1) 
Well location assessment, including seismic operations, well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth.
(2) 
Water and other fluid storage or impoundment areas used exclusively for oil and gas operations.
(3) 
Construction, installation, use, maintenance and repair of:
(a) 
Oil and gas pipelines.
(b) 
Natural gas compressor stations.
(c) 
Natural gas processing plants or facilities performing equivalent functions.
(4) 
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsections (1), (2) and (3), to the extent that:
(a) 
The equipment is necessarily located at or immediately adjacent to a well site, impoundment area, oil and gas pipeline, natural gas compressor station or natural gas processing plant.
(b) 
The activities are authorized and permitted under the authority of a federal or commonwealth agency.
OIL AND GAS WELL OR WELL
As used in this chapter is intended to have the same meaning as the term "well" as defined in § 3203 of Act 13 of 2012, (58 Pa.C.S.A. § 3203.)
OIL AND GAS WELL SITE OR WELL SITE
As used in this chapter is intended to have the same meaning as the term "well site" as used in Act 13 of 2012, (58 Pa.C.S.A. § 3304(b)(5.1)).
OPERATING COAL MINE
Any of the following:
(1) 
An underground coal mine which is producing coal or has been in production of coal at any time during the 12 months immediately preceding the date its status is put in question, including contiguous worked-out or abandoned coal mines to which it is connected underground.
(2) 
An underground coal mine to be established or reestablished under Subsection (1).
OPERATING WELL
A well that is not plugged and abandoned.
OPERATOR
A well operator.
ORPHAN WELL
A well abandoned prior to April 18, 1985, that has not been affected or operated by the present owner or operator and from which the present owner, operator or lessee has received no economic benefit other than as a landowner or recipient of a royalty interest from the well.
OUTSIDE COAL BOUNDARIES
When used in conjunction with the term "operating coal mine," the boundaries of the coal acreage assigned to the coal mine under an underground mine permit issued by the Department of Environmental Protection.
OWNER
A person who owns, manages, leases, controls or possesses a well or coal property. The term does not apply to orphan wells, except where the Department of Environmental Protection determines a prior owner or operator benefitted from the well as provided in § 3220(a) of Act 13 of 2012 (relating to plugging requirements).
OWNER OF BUILDING OR ADJOINING LOT
For the purposes of this chapter shall have the same meaning as such term as used in Act 13 of 2012, (58 Pa.C.S.A. § 3304(b)).
PERMANENT OIL AND GAS OPERATIONS
As used in this chapter is intended to have the same meaning as the term "permanent oil and gas operations" as used in Act 13 of 2012, (58 Pa.C.S.A. § 3304 (b)(3)).
PERMITTED USE
A use which, upon submission of written notice to and receipt of a permit issued by a zoning officer or equivalent official, is authorized to be conducted without restrictions other than those set forth in § 3304 of Act 13 of 2012, (relating to uniformity of local ordinances).
PERSON
An individual, association, partnership, corporation, political subdivision or agency of the federal government, state government or other legal entity.
PETROLEUM
Hydrocarbons in liquid form at standard temperature of 60° F. and pressure 14.7 PSIA, also referred to as oil.
PILLAR
A solid block of coal surrounded by either active mine workings or a mined-out area.
PLAT
A map, drawing or print accurately drawn to scale showing the proposed or existing location of a well or wells.
RESERVOIR PROTECTIVE AREA
The area surrounding a storage reservoir boundary, but within 2,000 linear feet of the storage reservoir boundary, unless an alternate area has been designated by the Department of Environmental Protection, which is deemed reasonably necessary to afford protection to the reservoir, under a conference held in accordance with § 3251 of Act 13 of 2012, (relating to conferences).
RESIDENTIAL DISTRICT OR RESIDENTIAL ZONING DISTRICT
The same meaning as the term "Residential District" as used in current lawful provisions of Act 13 of 2012. The following Zoning Districts shall for the purposes of this chapter be considered "Residential Zoning Districts": R-1 District and R-2 District.
RETREAT MINING
Removal of coal pillars, ribs and stumps remaining after development mining has been completed in that section of a coal mine.
REVIEW PERIOD FOR CONDITIONAL USES
As used in this chapter is intended to have the same meaning as such phrase is used in the current lawful provisions of Act 13 of 2012, and as specifically set forth elsewhere in this chapter.
REVIEW PERIOD FOR PERMITTED USES
As used in this chapter is intended to have the same meaning as such phrase is used in the current lawful provisions of Act 13 of 2012, and as specifically set forth elsewhere in this chapter.
SECRETARY
The Secretary of Environmental Protection of the commonwealth.
STORAGE OPERATOR
A person who operates or proposes to operate a storage reservoir as an owner or lessee.
STORAGE RESERVOIR
Portion of a subsurface geological stratum into which gas is or may be injected for storage purposes or to test suitability of the stratum for storage.
UNCONVENTIONAL FORMATION
A geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.
UNCONVENTIONAL WELL
A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.
WATER MANAGEMENT PLAN
A plan associated with drilling or completing a well in an unconventional formation that demonstrates that the withdrawal and use of water sources protects those sources as required by law and protects public health, safety and welfare.
WATER PURVEYOR
Any of the following:
(1) 
The owner or operator of a public water system as defined in § 3 of the act of May 1, 1984, (P.L. 206, No. 43), known as the "Pennsylvania Safe Drinking Water Act."
(2) 
Any person subject to the act of June 24, 1939, (P.L. 842, No. 365), referred to as the "Water Rights Law."
(1) 
Any of the following:
(a) 
Waters of this commonwealth.
(b) 
A source of water supply used by a water purveyor.
(c) 
Mine pools and discharges.
(d) 
Any other waters that are used for drilling or completing a well in an unconventional formation.
(2) 
The term does not include flowback or production waters or other fluids:
(a) 
Which are used for drilling or completing a well in an unconventional formation.
(b) 
Which do not discharge into waters of this commonwealth.
WELL
A bore hole drilled or being drilled for the purpose of, or to be used for, producing, extracting or injecting gas, petroleum or another liquid related to oil or gas production or storage, including brine disposal, but excluding a bore hole drilled to produce potable water. The term does not include a bore hole drilled or being drilled for the purpose of, or to be used for:
(1) 
Systems of monitoring, producing or extracting gas from solid waste disposal facilities, if the bore hole is a well subject to the Act of July 7, 1980, (P.L. 380, No. 97), known as the "Solid Waste Management Act," which does not penetrate a workable coal seam.
(2) 
Degasifying coal seams, if the bore hole is:
(a) 
Used to vent methane to the outside atmosphere from an operating coal mine; regulated as part of the mining permit under the Act of June 22, 1937, (P.L. 1987, No. 394), known as the "Clean Streams Law," and the Act of May 31, 1945, (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act"; and drilled by the operator of the operating coal mine for the purpose of increased safety.
(b) 
Used to vent methane to the outside atmosphere under a federally-funded or state-funded abandoned mine reclamation project.
WELL AND PIPELINE LOCATION ASSESSMENT OPERATIONS
The same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. § 3304.
WELL CONTROL EMERGENCY
An incident during drilling, operation, workover or completion that, as determined by the department, poses a threat to public health, welfare or safety, including a loss of circulation fluids, kick, casing failure, blowout, fire and explosion.
WELL CONTROL SPECIALIST
Any person trained to respond to a well control emergency with a current certification from a well control course accredited by the International Association of Drilling Contractors or other organization approved by the department.
WELL OPERATOR
Any of the following:
(1) 
The person designated as operator or well operator on the permit application or well registration.
(2) 
If a permit or well registration was not issued, a person who locates, drills, operates, alters or plugs a well or reconditions a well with the purpose of production from the well.
(3) 
If a well is used in connection with underground storage of gas, a storage operator.
WETLAND
Areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and which normally support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
WORKABLE COAL SEAMS
A coal seam which:
(1) 
Is actually being mined in the area in question under this chapter by underground methods.
(2) 
In the judgment of the Department of Environmental Protection, can reasonably be expected to be mined by underground methods.