Township of Hellam, PA Article I Background Provisions

§ 490-1 Short title.

This chapter shall be known and may be cited as the "Hellam Township Zoning Ordinance."

§ 490-2 Purpose.

A. This chapter is enacted to promote, protect and facilitate:

(1) Public health, safety, morals, general welfare;

(2) Coordinated and practical community development;

(3) Proper density of population;

(4) Provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements;

(5) Prevention of overcrowding of land, blight, danger and congestion in travel and transportation;

(6) Loss of health, life, or property from fire, flood panic or other dangers.

B. This chapter is enacted in accordance with an overall planning program, and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.

C. In order to preserve and enhance the value of lands within the Township, this chapter establishes several types of overlay districts. One of these is the TDR Sending Overlay District (Article II, § 490-23). In addition, this chapter establishes the Restricted Development Overlay District (RDO) (Article II, § 490-21), which is designed to further protect sensitive environmental resources as well as life and property by limiting development in areas with severe developmental constraints. Severe developmental constraints include areas characterized by soils which have either severe developmental limitations because of flooding, wetness, slope or depth to bedrock; and/or severe limitation for on-site sewage disposal systems because of flooding, wetness, slope depth to bedrock, or slow percolation rate. This chapter also established a Historic Overlay District (H) (Article II, § 490-20) to preserve cultural resources in the Township. Permitted uses within these overlays encourage the most appropriate conservation/recreation/residential activities for these areas; other forms of development are allowed under prescribed criteria.

[Added 8-15-2019 by Ord. No. 2019-04]

§ 490-3 Scope.

A. From and after the effective date of this chapter, the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, added to, or relocated, and every use within a building or structure or use accessory thereto, in the Township shall be in conformity with the provisions of this chapter. Any lawfully existing use, building, or land not in conformity with the regulations on the effective date of this chapter herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings, structures, or uses.

B. This chapter, except to the extent that those regulations of mineral extraction by local ordinances and enactments have heretofore been superseded and preempted by the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act,"[1] the act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act,"[2] and the act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act,"[3] and to the extent that the subsidence impacts of coal extraction are regulated by the act of April 27, 1966 (1ST Sp. Sess., P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act," and that regulation of activities related to commercial agricultural production would exceed the requirements imposed under the act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient Management Act,"[4] regardless of whether any agricultural operation within the area to be affected by the ordinance would be a concentrated animal operation as defined by the Nutrient Management Act, the act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law,"[5] or the act of June 10, 1982 (P.L. 454. No. 133), entitled "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances,"[6] or that regulation of other activities are preempted by other federal or state laws may permit, prohibit, regulate, restrict and determine:

(1) Uses of land, watercourses and other bodies of water.

(2) Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures.

(3) Areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures.

(4) Density of population and intensity of use.

(5) Protection and preservation of natural and historic resources and prime agricultural land and activities.

[1] Editor's Note: See 52 P.S. § 1396.1 et seq.

[2] Editor's Note: See 52 P.S. § 3301 et seq.

[3] Editor's Note: See 58 P.S. § 601.101 et seq.

[4] Editor's Note: Said Act was repealed 7-6-2005 by P.L. 112, No. 38. See now 3 Pa.C.S.A. § 501 et seq.

[5] Editor's Note: See 3 P.S. § 901 et seq.

[6] Editor's Note: See 3 P.S. § 951 et seq.

§ 490-4 Interpretation.

A. In interpreting and applying the provisions of this chapter, said provisions shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the residents of the Township.

B. In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.

§ 490-5 Effect on other provisions.

It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinances or resolutions, or with any rule, regulation or permit adopted or issued there under, except as provided, and only to the extent permitted by MPC Section 508(4).[1] Where this chapter imposes greater restrictions upon the use or development of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than the provisions of such other ordinance, resolution, rule, regulation or permit, then the provisions of this chapter shall control. Furthermore, except as provided for in Article IV of this chapter, if a discrepancy exists between any regulations contained within this chapter and any other Township regulations, the regulation which imposes the greater restriction shall apply.

[1] Editor's Note: See 53 P.S. § 10508(4).

§ 490-6 Uses not provided for.

If a use is neither specifically permitted nor prohibited under this chapter and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall permit the use or deny the use in accordance with the standards for the consideration of special exceptions contained herein. The use may be permitted if it: is of the same general character as the enumerated permitted uses in the zone; is in accordance with the intended purpose of the zone; is not permitted in any other zone by this chapter; and will comply with all performance standards applicable to permitted uses in the zone. The duty to present evidence and the burden of proof shall be on the applicant to demonstrate that the proposed use is of the same general character as the enumerate permitted uses in the zone, is in accordance with the intended purposed of the zone, is compatible with the permitted uses in the zone, is not permitted in any other zone, and will comply with all performance standards applicable to permitted uses in the zone.

§ 490-7 Establishment of zones.

[Amended 12-6-2012 by Ord. No. 2012-05; 5-17-2018 by Ord. No. 2018-05]

For the purpose of this chapter, Hellam Township is hereby divided into zones, which shall be designated as follows:

Rural Agricultural Zone (RA)

Residential (R)

Mixed Use 1 Zone (MU-1)

Mixed Use 2 Zone (MU-2)

Commercial/Industrial Zone (C/I)

Interchange Zone (I)

Kreutz Creek Interchange Zone (KCI)

Quarry (Q)

Historic Overlay District (II)

Restricted Development Overlay District (RDO)

Village Overlay District (V)

§ 490-8 Zoning Map.

The areas within Hellam Township, as assigned to each zone and the location of the zones established by this chapter, are shown upon the Zoning Map, which, together with all explanatory matter thereon, is attached to and incorporated herein is declared to be a part of this chapter.[1]

[1] Editor's Note: The Zoning Map is on file in the Township offices.

§ 490-9 Zone boundary lines.

The zone boundary lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot lines, center lines of streets, alleys, railroad rights-of-way, and streams at time of passage of this chapter, the corporate boundary of the Township, or as dimensioned on the map. In the event of dispute about the location of the boundary of any zone, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board.

§ 490-10 Community development objectives.

This chapter is enacted in accordance with the Hellam Township Comprehensive Plan and has been formulated to implement the purpose set forth in § 490-2 above. This chapter is enacted to reflect to the community development objectives listed in the Official Comprehensive Plan, Hellam Township, York County, Pennsylvania.

§ 490-11 Definitions and word usage.

A. Word usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section.

B. Language interpretation. In this chapter, when not inconsistent with the context:

(1) Words in the present tense imply also the future tense.

(2) The singular includes the plural.

(3) The male gender includes the female gender.

(4) The word "person" includes an individual, incorporator's association, member(s) of a partnership or the officers of a corporation, as well as any similar entity.

(5) The terms "shall," "will," or "must" are always mandatory.

(6) If a word or term is defined in the MPC, then it shall have the meaning defined in the MPC.

C. Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one to four dwelling units or a farm.

ACCESSORY DWELLING

A self-contained dwelling unit, resulting from the conversion of an existing single-family detached dwelling into two units or the creation of a dwelling unit within an authorized accessory structure, which is complete with kitchen and bath facilities, has direct access to the outdoors or to a hall from which there is direct access to the outdoors, and is physically subordinate to the primary dwelling unit that exists on the property.

[Added 7-16-2015 by Ord. No. 2015-03]

ACCESSORY OUTDOOR STORAGE

The storage, outside of a completely enclosed building, of items related to the principal use of the property. Accessory outdoor storage within the Residential Zone may include items such as firewood, lawn and garden equipment, sports equipment, and other household-related items.

ACCESSORY USE

A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ACREAGE, NET

The total land area contained within a property or proposed site, exclusive of lands within a public or private street right-of-way. [NOTE: one acre equals 43,560 square feet.]

ACT

See MPC.[1]

ACTIVITIES OF DAILY LIVING (ADL)

Activities which include eating, drinking, ambulating, transferring in and out of bed or chair, toileting, personal hygiene, seeking health care, managing health care, self-administering medication and properly turning and positioning in a bed or chair.

[Added 4-18-2019 by Ord. No. 2019-01]

ADULT-RELATED USES

(1) A business or club which engages in one or more of the following areas of sales, services or entertainment:

(a) ADULT BATH HOUSE An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, or similar professional licensed by the Commonwealth of Pennsylvania.

(b) ADULT BODY PAINTING STUDIO Any establishment or business, including but not limited to a tattoo parlor, which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(c) ADULT BOOKSTORE Any establishment which has 20% or more of its stock-in-trade consisting of:

[1] Books, films, videotapes, magazines, or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

[2] Instruments, devices, or paraphernalia (excluding prophylactics) which are designed for use in connection with specified sexual activities.

(d) ADULT CABARET A nightclub, theater, bar, or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(e) ADULT MASSAGE ESTABLISHMENT Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, tanning salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(f) ADULT MINI MOTION PICTURE THEATER An enclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(g) ADULT MODEL STUDIO Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized there under, to issue and confer a diploma.

(h) ADULT MOTEL A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(i) ADULT MOTION PICTURE ARCADE Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(j) ADULT MOTION PICTURE THEATER An enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(k) ADULT NEWS RACK Any card- or coin-operated machine or device which dispenses material which depicts, describes or relates to specified sexual activities or specified anatomical areas.

(l) ADULT OUT-CALL SERVICE ACTIVITY Any establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(m) ADULT SEXUAL ENCOUNTER CENTER Any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy.

(n) ADULT THEATER A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(o) ADULT VIDEO STORE Any establishment which has 50% or more of its stock-in-trade consisting of video tapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction, or description of specified sexual activities or specified anatomical areas.

(2) Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

AEU-ANIMAL EQUIVALENT UNIT

One thousand pounds live weight of livestock or poultry animals, on an annualized basis, regardless of the actual number of individual animals comprising the unit.

[Added 8-15-2019 by Ord. No. 2019-04]

AGRICULTURAL OPERATION

[Amended 8-15-2019 by Ord. No. 2019-04]

(1) The activities, practices, equipment and procedures that farmers adopt, use or engage in the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities and is:

(a) Not less than 10 contiguous acres in area; or

(b) Less than 10 contiguous acres in area but has an anticipated yearly gross income of at least $10,000.

(2) This term includes new activities, practices, equipment and procedures consistent with technological development within the agricultural industry. Use of equipment shall include machinery designed and used for agricultural production and/or processing, including, but not limited to, crop dryers, feed grinders, saw mills, hammer mills, refrigeration equipment, bins and related equipment used to store or prepare crops for marketing and those items of agricultural equipment and machinery defined by the act of December 12, 1994 (P.L. 944, No. 134), known as the Farm Safety and Occupational Health Act.[2] Custom work shall be considered a normal farming practice.

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture, viniculture, and gardening, including the keeping or raising of livestock, such as cattle, cows, swine, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. Agriculture also includes the incidental slaughter for personal consumption of livestock which have been raised on the site (see also "farm").

[Amended 12-6-2012 by Ord. No. 2012-05; 1-16-2014 by Ord. No. 2014-01; 8-15-2019 by Ord. No. 2019-04]

AIRPORT

A principal use where aircraft are stored, maintained, repaired, and refueled, and where aircraft take off and land. Airports may also include other accessory accommodations for aircraft passengers, cargo, or both.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear and/or side of properties.

ALLOWED FUELS

[Added 12-6-2012 by Ord. No. 2012-05]

(1) Clean wood.

(2) Wood pellets made from clean wood.

(3) Home heating oil, natural gas or propane that:

(a) Complies with all applicable sulfur limits; and

(b) Is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.

(4) Other fuels as approved by the PA DEP.

ALTERATION

Any change, rearrangement, enlargement, addition, moving, reconstruction, relocation, removal, or demolition of any building, structure or of the structural parts thereof, or any modification which may change the valuation for tax assessment purposes of the building, structure, or site involved, but not including the mere painting or finishing of surfaces when not accompanied by any other activity herein referred to, provided that the original configuration, plan and form of the structure are not altered.

[Amended 1-18-2007 by Ord. No. 2007-01]

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

AMUSEMENT ARCADE

A commercial establishment which provides as a principal use, amusement devices, games of skill or chance, or both (e.g., pinball machines, video games, squabble, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANIMAL EQUIVALENT UNIT (AEU)

One thousand pounds live weight of livestock or poultry regardless of the number of individual animals or birds comprising the unit.

ANIMAL HOSPITAL

Any establishment offering veterinary services that includes outdoor and overnight boarding of animals.

[3]

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

[Added 4-18-2019 by Ord. No. 2019-03]

APPROVED GROUT

Neat cement, cement plus bentonite, bentonite, bentonite plus silica sand, or low-permeability sealing material, as approved for use by the municipality. Approved grout is to be mixed and applied according to manufacturer's specifications (e.g., water content and viscosity) for use in grouting wells and/or geothermal boreholes.

[Added 12-6-2012 by Ord. No. 2012-05]

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is principally used for the sale of any motor vehicle fuel. Automobile filling stations can also include the accessory sales of motor vehicle lubricants, additive treatments, compressed air, and other accessory items. The minor incidental repair of motor vehicles is also permitted.

[4]

BANKFULL FLOW OR LEVEL

The discharge that just fills the water channel to the top of its banks and at a point where the water begins to overflow onto a floodplain.

[Added 4-18-2019 by Ord. No. 2019-03]

BANKS

See "financial institution."

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base flood.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BED-AND-BREAKFAST

A single-family detached dwelling where between one and six rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BEEKEEPING

An agricultural use or an accessory residential use in which bees are raised, kept, or both.

[5]

BEST MANAGEMENT PRACTICE (BMP)

A structural or nonstructural device or procedure designed to temporarily store or treat stormwater runoff in order to mitigate flooding and pollution, and reduce soil loss and water quality degradation caused by runoff containing nutrients, animal waste, toxins, and sediments.

[Added 4-18-2019 by Ord. No. 2019-03]

BILLBOARD

A sign upon which images, messages, or both, of any kind are printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed, or to disseminate other messages.

BOARDINGHOUSE

A detached building arranged or used for sheltering, or sheltering and feeding, more than five and not more than 10 individuals that do not constitute a family.

BRITISH THERMAL UNIT (BTU)

The amount of thermal energy necessary to raise the temperature of one pound of pure liquid by 1° F. at the temperature at which water has its greatest density (39° F.).

[Added 12-6-2012 by Ord. No. 2012-05]

BUILDING

Any structure having walls and a roof or other covering, designed or used for the shelter or enclosure of any person, animal, property, or any combination thereof. Within the floodplain, the term "building" shall include a combination of materials to form a permanent structure having walls and a roof, and all manufactured homes and trailers to be used for human habitation, gas and liquid storage tanks.

BUILDING AREA

The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, patios, decks, awnings, terraces, and steps.

BUILDING FRONTAGE

The side of a building determined by the Zoning Officer to be the front of the building or tenant space for purposes of determining sign size. Each building and tenant space shall have only one building frontage. The Zoning Officer shall determine the front of the building based on factors including but not limited to the location of the main entrance doors and disabled access entry, location of the parking areas, location of access drives, location of public streets and the street address.

[Added 7-18-2013 by Ord. No. 2013-06]

BUILDING HEIGHT

A building's vertical measurement from the average level of the ground abutting the building at its corners to the highest point of the roof.

BUSINESS PARK

A campus-like development containing a number of separate business and office buildings, supporting uses and open space designed, planned, constructed, and managed on an integrated and coordinated basis to ensure compatibility for circulation, parking, utility needs, and aesthetics.

CAFE

An exterior seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business.

CAFO-CONCENTRATED ANIMAL FEEDING OPERATION

An agricultural operation that meets one or more of the following criteria established by the Department of Environmental Protection under authority of the act of June 22, 1937 (P.L. 1987, No. 394) known as the Clean Streams Law (Chapter 92a regulations):

[Added 8-15-2019 by Ord. No. 2019-04]

(1) The operation is considered a concentrated animal operation (CAO) with greater than 300 animal equivalent units (AEUs); or

(2) The operation maintains an animal population of greater than 1,000 AEUs; or

(3) The operation is defined as a large CAFO under U.S. Environmental Protection Agency (EPA) regulations at 40 CFR 122.23(b)(4).

CAMPGROUND

A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

CAMPSITES

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

CAO-CONCENTRATED ANIMAL OPERATION

Agricultural operations with eight or more AEU where the animal density exceeds two AEUs per acre on an annualized basis.

[Added 8-15-2019 by Ord. No. 2019-04]

CARE BED

Includes licensed bed and/or long-term care bed as defined by the Commonwealth of Pennsylvania or other regulatory authority.

CARPORT

An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls are the walls of the main building to which the carport is accessory.

CAR WASH

A principal or accessory use whereby structures equipped with apparatuses for the washing, waxing, vacuuming, or any combination thereof, of vehicles are provided.

CASINO, category 4

A facility, other than a racetrack and/or an off-track betting parlor, wherein wagering and other lawful gambling activity is conducted under Pennsylvania law. This use shall include any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices, are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with the State Lottery Law. Category 4 casinos are limited to a maximum of 750 slot machines and a maximum of 30 table games.

[Added 10-4-2018 by Ord. No. 2018-08]

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.

CERTIFICATE OF USE AND OCCUPANCY

A statement signed by the Zoning Officer, setting forth that a building, structure, or use legally complies with this chapter, other applicable codes and regulations, and the zoning permit.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CHIMNEY

Any vertical structure enclosing a flue or flues that carries off smoke or exhaust from an outdoor solid fuel-burning appliance.

[Added 8-20-2009 by Ord. No. 2009-05]

CHURCH AND RELATED USES

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, church-related schools, church-related day-care facilities, or any combination thereof.

CLEAN WOOD

Wood that contains no paint, stains or other types of coatings, and wood that has not been treated with preservatives or chemicals, including but not limited to copper, chromium arsenate, creosote and pentachlorophenol.

[Added 12-6-2012 by Ord. No. 2012-05]

CLOSED-HORIZONTAL-LOOP GEOTHERMAL ENERGY SYSTEM

A mechanism for heat exchange which consists of the following basic elements: underground loops of piping, heat transfer fluid, a heat pump, and an air-distribution system. An opening is made in the earth. A series of pipes is installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open-loop system, except there is no pumping of groundwater. A horizontal-closed-loop system shall be no more than 20 feet deep.

[Added 12-6-2012 by Ord. No. 2012-05]

CLOSED-VERTICAL-LOOP GEOTHERMAL ENERGY SYSTEM

A borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger, and heat transfer fluid is circulated through the pipes.

[Added 12-6-2012 by Ord. No. 2012-05]

COMMERCIAL CONVENIENCE CENTER

A planned center designed and located to primarily serve those employed within the immediate vicinity.

COMMERCIAL TRUCK

A vehicle, other than a recreational vehicle, that exceeds an actual vehicle weight of 9,000 pounds.

COMMON OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development or the general public. Land included within the right-of-way lines of streets and stormwater detention basins with impervious surfaces shall not be classified as common open space. Common open spaces shall not include required setbacks between buildings and street rights-of-way, driveways, access drives, parking areas, and property lines of the development.

COMMUNICATIONS

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The terms includes the structure and any support thereto.

COMMUNICATIONS ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communications signals. The term "communication antenna" does not include a receiving facility for the sole use of an individual consumer and located on the property in which such individual consumer resides.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

COMPREHENSIVE PLAN

The most recently adopted version of the Official Comprehensive Plan, Hellam Township, York County, Pennsylvania, including any amendments.

CONDITIONAL USE

A use which may be appropriate to a particular zoning district, only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with Article VII of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space, together with an undivided interest in the land or other parts of the structure in common with other owners.[6]

CONSERVATION PLAN

A plan including a map(s) and narrative that outlines an erosion and sedimentation control plan for an identified parcel of land.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A development/facility that provides accommodations and care for senior persons aged 55 and over which may include independent residential living units, personal care living units, assisted care living units, a skilled nursing facility or any combination thereof.

[Added 4-18-2019 by Ord. No. 2019-01]

CONTINUOUS CANOPY

An area of woodlands forming a complete or nearly complete layer of foliage.

[Added 12-6-2012 by Ord. No. 2012-05]

CONTINUOUS CANOPY WOODLAND CORRIDOR RESERVATION

Any area on the Hellam Township Official Map (incorporated by reference) identified and reserved as a continuous woodland canopy.

[Added 12-6-2012 by Ord. No. 2012-05]

CONTRACTOR'S OFFICE OR SHOP

Offices and shops for tradesmen, such as those contractors engaging in plumbing, welding, heating, air conditioning, electrical, roofing, flooring, glass, and swimming pools and hot tubs, and other structural components of buildings.

CONVENIENCE STORE

(1) A retail sales business which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use:

(a) The rental of video tapes, provided that an adult bookstore is specifically prohibited;

(b) The preparation and sales of delicatessen sandwiches and food, provided that not more than 10% of the gross floor area is used for patron seating.

[Amended 1-17-2008 by Ord. No. 2008-02]

(c) The use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices).

(2) Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.

CONVENTION CENTER

A facility in a completely enclosed building used for civic corporate, trade and professional meetings, seminars training, trade shows and/or exhibition of products and technology and which may include supporting care, dining, lodging, and recreational facilities as accessory uses.

COUNTY COMPREHENSIVE PLAN

A land use and growth management plan prepared by the County Planning Commission and adopted by the County Commissioners which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plan and land use regulation.

CULTURAL RESOURCES

Structures greater than 100 years old, or listed by KCVPS.

DAY CARE

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

(1) COMMERCIAL DAY CARE A day-care facility that offers care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, churches, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include group child day-care homes and child day-care centers, as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania. All commercial day-care centers must obtain a valid certificate of compliance from the Department of Public Welfare of the Commonwealth of Pennsylvania prior to operation.

(2) FAMILY DAY CARE A day-care facility that is operated as an accessory use to a dwelling unit, in which the care and supervision are offered to between one and six nonresidents of the site during any calendar day. Family day-care facilities must be registered by the Department of Public Welfare of the Commonwealth of Pennsylvania.

DECLARATION OF USE OF DEVELOPMENT RIGHTS

A legal document which recites a chain of title for one or more development rights, specifies the developing tract which will use such development rights, and permanently extinguishes the development rights used for the development of the developing tract. Upon the recording of a declaration of use of development rights, the development rights in the declaration of use of development rights can no longer be used for any purpose.

DEED OF DEVELOPMENT RIGHTS

A legal document which grants transfer of ownership of development rights and provides for:

(1) The attachment of the development rights to a specific developing tract; or

(2) Transfer of the development rights in gross (i.e., without being attached to a specific tract of land) to any person.

DEVELOPING TRACT

A lot existing within the Transferable Development Rights Sending Overlay District which will be built upon using transferable development rights, or a lot within any zone other than the Transferable Development Rights Sending Overlay District which will be the recipient of transferable development rights to enable development at a higher density than would be permitted without the use of transferable development rights.

[Amended 8-21-2008 by Ord. No. 2008-07]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading and excavation; mining; dredging, drilling operations, storage of equipment or materials; and the subdivision of land.

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely, a disability which is:

(1) Attributable to mental retardation, cerebral palsy, epilepsy, autism, injury, trauma, or any combination thereof.

(2) Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.

(3) Attributable to dyslexia resulting from a disability described in Subsections (1) and (2) of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DISTRIBUTION

A process whereby materials, goods, or products are obtained, stored by one person, and then delivered to another.

DOMESTIC PETS

The noncommercial keeping of no more than six adult animals that are locally available for purchase as pets as an accessory use to a dwelling unit. Domestic pets shall not include livestock, or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the regulations of the Pennsylvania Game Commission.

[Amended 8-15-2019 by Ord. No. 2019-04]

DR

Development right.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one to four dwelling units or a farm. (See also "joint use driveway.")

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, institutional houses, tourists' courts, and the like, offering overnight accommodations for guests or patients. In addition, all dwellings shall be properly connected to approved and permanently designed public or on-lot sewer and public or on-lot water electrical and other utility systems as appropriate.

[Amended 12-17-2020 by Ord. No. 2020-07]

(1) SINGLE-FAMILY DETACHED (SFD) A freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yards. Mobile homes and tiny homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they are permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly, due to frost action. Travel trailers, as defined herein, shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.

(2) MULTIPLE FAMILY A building containing three or more dwelling units, at least one of which must be located above or below the remaining units.

(3) TOWNHOUSE A building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls.

(4) TWO-FAMILY OVER-UNDER A freestanding building containing two dwelling units for two families, arranged in an over-and-under configuration and having one front and rear yard and two side yards.

(5) SINGLE-FAMILY SEMIDETACHED A freestanding building containing two dwelling units for two families, arranged in a side-by-side configuration. Each unit shall be constructed on individual lots and shall have one front yard, one side yard, and one rear yard (no yard along the common lot line).

(6) MOBILE HOME For the purposes of this chapter, all mobile homes, except those contained within mobile home parks, shall be governed by all regulations applicable to single-family detached dwellings of this chapter. Mobile homes located within Mobile Home Parks shall be governed by the Hellam Township Mobile Home and Mobile Home Park Ordinance of 1996, as amended.

(7) TINY HOME A dwelling unit placed on a property for occupancy as a residential dwelling with a habitable area of not less than 150 square feet and not more than 699 square feet, constructed on a permanent foundation. A tiny home shall be considered a mobile home and shall comply with all requirements of Chapter 310 regarding mobile homes and Chapter 490 regarding single-family dwellings. All tiny homes must be certified by Housing and Urban Development (HUD).

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction, and the moving, depositing or storing of soil, rock or earth, excluding the tilling of the soil.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

EVENT VENUE

The use of a structure and/or the green space surrounding said structure which is available for private rental for the purpose of gathering or congregating attendees at events such as weddings, receptions, graduations, reunions, anniversaries, business meetings, conferences, banquets, private parties, fundraisers or similar occasions that are not open to the public and is conducted for profit.

[Added 10-4-2018 by Ord. No. 2018-06]

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that more than five persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

[Amended 10-15-2009 by Ord. No. 2009-06]

(1) The group shares the entire dwelling unit.

(2) The group lives and cooks together as a single housekeeping unit.

(3) The group shares expenses for food, rent, utilities or other household expenses.

(4) The group is permanent and stable, and not transient or temporary in nature.

(5) Any other factor reasonably related to whether the group is the functional equivalent of a family.

FAMILY PLOT

A burial plot or family cemetery accessory to a single-family detached dwelling for the burial of deceased individuals who are related by blood, marriage or adoption.

FARM

A parcel or parcels of land which are used for a principal agricultural use, including one single-family detached dwelling and other necessary farm structures, and the use, repair, maintenance, and storage of equipment associated with the principal agricultural use.

FARM OCCUPATION, SECONDARY

Any occupation in addition to the agricultural use of a property whereby the farmer in residence engages in an occupation that is secondary to the agricultural use. Such use does not need to be accessory to the agricultural use.

[Amended 8-15-2019 by Ord. No. 2019-04]

FARM-RELATED BUSINESSES

Occupations and services directed at meeting the needs of those engaged in local farming. Activities are typically directed at providing materials and services needed to farm, rather than the distribution of goods produced on the farm. Farm-related businesses include, but need not be limited to, blacksmith shops, butcher shops, composting and other farm waste storage facilities, feed supply, fuel and fertilizer distributors, grain mills, processing of locally produced agricultural products, and sales or repair of agricultural equipment.

FARMERS/FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Farmers/flea markets can include indoor and outdoor display or merchandise.

FEEDLOT

A use whereby livestock which are in transport are temporarily fed and/or watered.

FENCE/WALL

An artificially constructed barrier made of any material or combination of materials erected either for the purpose of screening one property from another to assure privacy, protection or confinement of the property or to permanently or temporarily prohibit or inhibit unrestricted travel between properties or portions of properties or between street or public right-of-way and a property. A freestanding masonry wall, when located for one of the preceding purposes, is considered to be a fence. Hedges or other similar types of vegetative cover shall not be deemed to be a fence. The height of all fences and walls or portions thereof shall be measured from grade level.

[Amended 9-3-2015 by Ord. No. 2015-05; 7-21-2016 by Ord. No. 2016-02; 4-18-2019 by Ord. No. 2019-03]

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways

FILTER STRIP

An area of land abutting a stream where the dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for streambank stabilization and which shall remain in such vegetation unless other development is authorized under this chapter.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FLOOD

A general, but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, or other waters of this commonwealth.

FLOOD ELEVATION

The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.

FLOODPLAIN/FLOODPLAIN AREA

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING

Structural or other changes or adjustments to properties or obstructions for the reduction or elimination of flood damages to such properties and obstructions, or to the contents of any structure.

FLOODWAY

The portion of the floodplain, including the watercourse itself and any adjacent land area, that must be kept open in order to carry the water of a one-hundred-year flood. At a minimum, any floodway must be large enough to carry the water of the one-hundred-year flood without causing an increase of more than one foot in the elevation of the existing one-hundred-year flood.

FLOOR AREA, GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

FLOOR AREA, GROSS LEASABLE

The total floor area designed for occupancy by an owner or tenant, as measured to the center of interior joint walls and the exterior of outside walls.

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including basements or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

[7]

FORESTED RIPARIAN BUFFER

A riparian buffer that consists predominantly of native trees, shrubs and/or herbaceous plants that provide minimum of sixty-percent uniform canopy coverage.

[Added 4-18-2019 by Ord. No. 2019-03]

FOREST LITTER

The uppermost layer of the forest floor consisting chiefly of decaying organic matter.

[Added 4-18-2019 by Ord. No. 2019-03]

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.

FRONTAGE

The continuous linear distance taken along a property's common boundary with an adjoining street right-of-way, other than that of a limited access highway.

FRONT BUILD-TO LINE

An area establishing the required location for all, or a portion of a building's front facade, as measured from the street line.

FUNERAL HOME

A principal use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but do include mortuaries and crematoria.

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the primary use of the premises, or both.

GEOTHERMAL BOREHOLE

A hole drilled or bored into the earth into which piping is inserted for use in a closed-vertical-loop geothermal system.

[Added 12-6-2012 by Ord. No. 2012-05]

GEOTHERMAL ENERGY SYSTEM

An energy-generating system that uses the earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

[Added 12-6-2012 by Ord. No. 2012-05]

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GREENHOUSE/NURSERY

The retail or wholesale sale of any trees, shrubs, vines, flowers, vegetables or other plants which have not been germinated, cultivated or grown on site, including the buildings, structures and equipment customarily incidental and accessory to the primary use. Other items directly related to the growth and propagation of plants may be sold, such as fertilizer, plant food, etc.

[8]

[Added 12-6-2012 by Ord. No. 2012-05]

GROUND COVER

Ground cover is made up of shorter plants or fungi that grow close to the ground.

[Added 4-18-2019 by Ord. No. 2019-03]

GROUP HOME

A single-family dwelling operated with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons, those under treatment for alcohol abuse, drug abuse, or both, unwed parents, and those who have been physically abused. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as single-family dwellings, and are permitted by right in those zones where single-family dwellings are permitted by right.

HAZARDOUS MATERIAL

A substance or combination of substances that, because of the quantity, concentration, physical, chemical or infectious characteristics, if not properly treated, stored, transported, used, or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment which includes the soil and all subsequent materials located below. Such hazardous substances include substances regulated under DEP regulations.

HAZARDOUS WASTE

Any substance defined as a hazardous waste under the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., and the regulations of the PA DEP and the United States Environmental Protection Agency.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HEALTH AND FITNESS CLUB

A commercial business that offers active recreational activities, fitness activities, or both. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEAVY EQUIPMENT

Machinery, vehicles and other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include, but are not limited to, farm machinery, excavation equipment, commercial trucks and trailers, yachts, industrial machinery, etc.[9]

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.

HEIGHT, STRUCTURE

A structure's vertical measurement from the average level of the ground abutting the structure to the highest point of the structure.

HELIPORT

A principal use where one or more helicopters may land/take off and be stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangars.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

A business or commercial activity other than a no-impact home-based business that is conducted as an accessory use to and within a principal single-family detached dwelling.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four hours-per-day basis and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.

[10]

IMPACTED RIPARIAN BUFFER

A riparian buffer that, as a result of land use or land development activity, contains impervious cover or landscape use such that no longer meets the definition of "forested riparian buffer."

[Added 4-18-2019 by Ord. No. 2019-03]

IMPERVIOUS COVER

Those surfaces that do not readily absorb precipitation and surface water. The term includes but is not limited to buildings, parking areas, driveways, roads, sidewalks, swimming pools, and any areas in concrete, asphalt, packed stone or equivalent surfaces, including those with a coefficient of runoff of 0.7 or higher. Impervious surfaces also include disturbed surfaces with a bulk density of 95% of the value at which plant growth limitation is expected for average plant material.

[Amended 9-3-2015 by Ord. No. 2015-05; 7-21-2016 by Ord. No. 2016-02; 4-18-2019 by Ord. No. 2019-03]

INDEPENDENT LIVING UNIT

A dwelling unit in a building of multiple dwelling units, or standing alone, used exclusively for occupancy by one or more senior persons, aged 55 and over, in a continuing care retirement community.

[Added 4-18-2019 by Ord. No. 2019-01]

INFLATABLE SIGN

Any sign that is either expanded to its full dimensions or supported by gases contained within the sign, or sign parts, at a pressure greater than atmospheric pressure. For purposes of this definition and chapter, a simple helium balloon is not considered to be an inflatable sign.[11]

[Added 12-6-2012 by Ord. No. 2012-05]

JOINT-USE DRIVEWAY

An improved cartway designed and constructed to provide for vehicular access between a public street and from two to four dwelling units.

JUNK

Used materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, which are being stored awaiting potential reuse or ultimate disposal.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside of an completely enclosed building, of used or discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, part thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." For the purpose of this definition, a "disabled vehicle" is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason; or where inspection and/or registration is required, a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date. Notwithstanding the foregoing, the storage of disabled farm vehicle or pieces of farm equipment on a lot shall not be considered a junkyard if: the lots is currently being used for agriculture; and the vehicle or equipment is owned by the landowner or the operator of the farm; and the vehicle or equipment was used on the lot in connection with the agricultural operation before such vehicle or equipment became disabled.

KCVPS, INC.

Kreutz Creek Valley Preservation Society, Incorporated.

KENNEL

Any lot on which six or more animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated, or trained, for a fee, or for sale, including but not limited to dog or cat kennels.

LAND APPLICATION OF SEWAGE SLUDGE

The spraying or spreading of sewage sludge onto the land surface, the injection of sewage sludge below land surface or the incorporation of sewage sludge into the soil.

[12]

LAND DISTURBANCE

Any activity that exposes soils, alters topography, and/or detrimentally alters vegetation.

[Added 4-18-2019 by Ord. No. 2019-03]

LARGE SOLAR ENERGY PRODUCTION FACILITY

An area used for a solar collection system principally used to capture solar energy and convert it to electrical energy. Large solar energy production facilities consist of one or more roof- and/or ground-mounted solar collector devices, solar-related equipment, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large solar energy production facility if it supplies electrical or thermal power primarily for off-site use.

[Added 12-6-2012 by Ord. No. 2012-05]

LAUNDROMAT

A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

LIVESTOCK

Any domestic farm animal such as, but not limited to, cattle, donkeys, horses, mules, burros, sheep, swine, goats, poultry, emus, llamas, rabbits, birds, exotic wildlife (when permitted by the Pennsylvania Game Commission or other appropriate regulatory agency), maintained for agricultural use or commercial purposes. Livestock shall include the raising of fur-bearing animals and fish farming. Domestic pets shall not be considered livestock.

[Amended 8-15-2019 by Ord. No. 2019-04]

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LONG-TERM CARE (SKILLED NURSING FACILITY)

A facility which provides for personal health care in a continuing care retirement community and is licensed to provide long-term skilled nursing care by the Commonwealth of Pennsylvania.

[Added 4-18-2019 by Ord. No. 2019-01]

LOT

Any parcel, plot, or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement, or development. A lot herein defined must coincide with a single lot of record. A lot not otherwise specified is defined as having frontage along a public street, or a street that has been dedicated to the Township, or a private street that has been improved to the standards in Chapter 430, Subdivision and Land Development, for a public street.

(1) LOT, CORNER A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.

(2) LOT, FLAG A lot, other than a townhouse lot, which has less than 50 feet of frontage on a public street; or a street which has been dedicated to the Township; or a private street which has been improved to the standards in Chapter 430, Subdivision and Land Development, for a public street.

(3) LOT, INTERIOR A lot, other than a corner lot, the sides of which do not abut a street.

(4) LOT, THROUGH A lot which fronts on two streets that do not intersect at the boundary of the lot.

LOT AREA

The area contained within the property lines of a single lot, excluding any area within a street right-of-way, but including the area of any easement.

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT LINE

A line of record which divides one lot from another lot, or from a public or private road or any other public space. Where a lot abuts a public right-of-way, the lot line for regulatory purposes shall be the right-of-way line.

LOT OF RECORD

A lot identified on a subdivision plan or on a deed or other instrument of conveyance recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania.

LOT WIDTH

The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the street right-of-way line for the non-address street and the directly opposite property line. Unless otherwise noted, lot width shall be measured at the actual building setback line.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURE

A function involving either the processing, conversion or production of materials, goods, or products.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE STORAGE FACILITY

A detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.

MAXIMUM FLOOD ELEVATION

The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Restricted Development Overlay.

MEDICAL CLINIC

Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MEDICAL RESIDENTIAL CAMPUS

A coordinated development of residential, medical, commercial, service, civic, and recreation uses that are blended to create a comprehensive environment offering various levels of nursing care.

METHADONE TREATMENT FACILITY

A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

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.

MINI WAREHOUSE

One or more buildings divided into separate storage units for personal property, property associated with some business or other organization, or both. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way requirements, nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.

MOBILE HOME/MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME/MANUFACTURED HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MOBILE HOME/MANUFACTURED LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

MOTOR VEHICLE SALES

Any building or land utilized for the retail sales or leasing of vehicles, including accessory service and repair facilities if conducted within a wholly enclosed building.

MOTOR VEHICLE SERVICE

The retail repair, servicing, maintenance and reconstruction of vehicles but not including car washes as defined herein.

MPC

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No 247, as amended and reenacted by the Act of December 21, 1988, P.L. 1329, No 170, and as amended, 53 P.S. § 10101 et seq.

MUNICIPAL USE

Any use owned or operated by the Township or by a municipal authority created by the Township.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after December 1, 1985.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is also meant to include an "under 21" club which features entertainment.

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 the residential use. The business or commercial activity must satisfy all of the following requirements:

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5) The business may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) 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.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activities.

NONCOMMERCIAL KEEPING OF LIVESTOCK

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zone in which it is located by reasons of such adoption or amendment. Nonconformities are regulated by Article V of this chapter.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. Nonconformities are regulated by Article V of this chapter.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance, or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Nonconformities are regulated by Article V of this chapter.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto. Nonconformities are regulated by Article V of this chapter.

NON-PHASE 2 OUTDOOR WOOD-FIRED BOILER

An outdoor wood-fired boiler which has not been certified or qualified as such by the United States Environmental Protection Agency (EPA) and/or the Pennsylvania Department of Environmental Protection (DEP).

[13]

[Added 12-6-2012 by Ord. No. 2012-05]

NORMAL POOL ELEVATION

[Added 4-18-2019 by Ord. No. 2019-03]

(1) For watercourses which have no structural measures to regulate the height of water, the height of water at ordinary stages of low water unaffected by drought.

(2) For structurally regulated bodies, the elevation of the spillway, outlet control, or dam crest which maintains the water body at a specific height.

(3) The term does not apply to wetlands.

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding, and dining associated with some level of nursing care.

OBSTRUCTION

Any structure or assembly of materials including fill above or below the surface of land or water, and an activity which might impede, retard or change flood flows. The planting, cultivation and harvesting of field and orchard crops or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered an "obstruction" under this definition.

OFF-TRACK BETTING PARLOR

A commercial use at which persons can visit to wager upon, and observe by remote television, the outcomes of events that are taking place elsewhere.

ONE-HUNDRED-YEAR FLOOD

The highest level of flooding that, on the average, is likely to occur every 100 years, that is, that has a one-percent chance of occurring each year.

ONE-HUNDRED-YEAR FLOOD BOUNDARY

The outer boundary of an area of land that is likely to be flooded once every 100 years (i e., that has a one-percent chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Natural Resources Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania, is necessary to define this boundary.

ONE-HUNDRED-YEAR FLOOD ELEVATION

The water surface elevations of the one-hundred-year flood.

ON-LOT SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, or within an approved sewage effluent easement, as approved by the PA DEP.

ON-LOT WATER SERVICE

The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.

OPEN-LOOP GEOTHERMAL ENERGY SYSTEM

Water is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the earth is then pumped back into the ground through a different well or, in some cases, the same well, also known as "reinjection." Alternatively, the groundwater could be discharged to a surface water body, also known as a "pump and dump." In the heating mode, cooler water is returned to the earth; and in the cooling mode, warmer water.

[Added 12-6-2012 by Ord. No. 2012-05]

OPEN SPACE

A space unoccupied by buildings or other impervious surfaces, and open to the percolation of rainwater.

OUTDOOR SOLID FUEL-BURNING APPLIANCE

Any equipment, device or apparatus which is installed, affixed or situated outdoors and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system, or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools.

[Added 8-20-2009 by Ord. No. 2009-05]

OUTDOOR WOOD-FIRED BOILER

Any equipment, device or apparatus, which is installed, affixed or situated outdoors and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system, or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories and swimming pools, and which:

[Added 12-6-2012 by Ord. No. 2012-05]

(1) Is designed to burn, or is capable of burning, clean wood or other allowed fuels.

(2) Has a rated thermal output of less than 350,000 BTUs per hour.

(3) The manufacturer designs or specifies for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals, including garages and sheds.

(4) Heats building spaces or fluids, or both, through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

OVERSTORY TREES

Trees that form the uppermost canopy layer in a forest or woodland, defined as trees greater than nine inches in diameter at DBH (diameter at breast height), where breast height is 4 1/2 feet.

[Added 12-6-2012 by Ord. No. 2012-05; amended 4-18-2019 by Ord. No. 2019-03]

PA DEP

Pennsylvania Department of Environmental Protection.

PARENT TRACT

When used in determining the permissible number of development rights assigned to land in the Rural Agricultural Zone, each individual York County Tax Map parcel in existence on July 15, 2004, shall be considered a parent tract.

PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PENNDOT

Pennsylvania Department of Transportation.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

PERSONAL CARE, ASSISTED CARE LIVING UNIT

A dwelling unit within a facility licensed by the Commonwealth of Pennsylvania, in which food, shelter, personal assistance or supervision with activities of daily living 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 do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of any emergency, or medication prescribed for self-administration.

[Added 4-18-2019 by Ord. No. 2019-01]

PERSONAL CARE FACILITY

Coordinated and centrally managed rental housing, including self-contained units designed to provide a supportive environment to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen, and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 years of age and older, persons with physical handicaps and/or developmentally disabled. Personal care facilities shall be licensed by the Commonwealth of Pennsylvania.

PHASE 2 OUTDOOR WOOD-FIRED BOILER

An outdoor wood-fired boiler which has been certified or qualified as such by the United States Environmental Protection Agency (EPA) and/or the Pennsylvania Department of Environmental Protection (DEP).

[Added 12-6-2012 by Ord. No. 2012-05]

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit.

[Amended 12-6-2012 by Ord. No. 2012-05]

PLANNED COMMERCIAL CENTER

A planned center which contains retail sales and service establishments, restaurants, and similar uses.

PLANNING COMMISSION

The Planning Commission of Hellam Township.

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

(1) Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(2) Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

(3) Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second, or third class as defined by the United States Department of Agriculture Natural Resources Conservation Service county soil survey.

PRIME AGRICULTURAL SOILS

Soils of the first, second, or third class as defined in the most recent edition of the United States Department of Agriculture Natural Resources Conservation Service York County Soil Survey.

PRIVATE CLUB

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational, and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising, or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities, off-track betting parlors, golf courses, shooting ranges, nightclubs, campgrounds, or airports, unless the respective requirements of this chapter are satisfied.

PROCESSING

A function which involves only the cleaning, sorting, sizing, packaging, or any combination thereof, of products and materials.

PROFESSIONAL OFFICE

An establishment for professional, executive, and administrative offices, including those of accountants, lawyers, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated, but not including barbers, beauty parlors, cosmetologists, or other service establishments and structure trades contractors.

PUBLIC

Owned, operated, or controlled by a government agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education).

[Amended 7-18-2013 by Ord. No. 2013-06]

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 not be more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, variance, or any combination thereof, requests shall also include the posting of a sign(s) at a conspicuous location(s) upon the site to notify potentially interested citizens; this sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

PUBLIC PARK

An area owned or operated by a governmental unit or public utility maintained principally for active or passive outdoor recreation which is open to the public. A park may include amenities such as ball fields, tennis courts, trails, rest rooms, picnic tables, cooking grills, and similar facilities. A park shall not include improvements for or permit motorized recreation, such as go-carts, or arcade games, carnival rides, or similar activities.

PUBLIC SEWER

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the PA DEP. Such systems are capable of serving multiple users.

PUBLIC TRANSPORTATION DEPOT

A building, structure, or area designed and used for and used persons utilizing and/or changing public transportation modes.

PUBLIC UTILITIES

Use or extension thereof which is operated, owned, or maintained by a municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal, treatment, or both; or public water supply, storage, treatment, or any combination thereof; or for the purpose of providing the transmission of energy, cable television or telephone service.

[Amended 12-17-2020 by Ord. No. 2020-07]

PUBLIC WATER

A municipal water supply system, or a comparable common water facility approved and permitted by the PA DEP. Such systems are capable of serving multiple users.

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RECREATIONAL VEHICLE

Any portable or mobile vehicle used or designed to be used for travel, camping, vacation and recreational use, and/or temporary living purposes and with its wheels, rollers or skids in place. A recreational vehicle shall also include a trailer, house trailer, motor home, tent trailer, horse trailer, pickup truck or van camper, camper, snowmobile, golf cart, all-terrain vehicle, trail bike, boat, boat trailer, airplane, or similar vehicle, but does not include mobile homes. In addition to the above, any of the following attributes are characteristics of a recreational vehicle:

[Amended 1-16-2014 by Ord. No. 2014-01]

(1) The unit is of such size or weight as to not require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway.

(2) Built on a single chassis.

(3) Not more than 400 square feet, measured at the largest horizontal projections.

(4) Designed to be self-propelled or permanently towable by a light-duty truck.

(5) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

RECREATION FACILITY

An activity operated open to the public, for the purpose of public recreation or entertainment, including but not limited to, bowling alleys, drive-in motion picture facilities, swimming pools, miniature golf courses, museums, etc. This does not include adult-related uses, shooting ranges, amusement arcades, nor off-track betting parlors, nor anything else defined in this chapter.

REGULATED FISHING GROUND

A public fishing ground meeting all requirements of the Pennsylvania Fish Commission Law.

REGULATED HUNTING GROUND

A public hunting ground meeting all requirements of the Pennsylvania Game Commission.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

RENTAL

A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

REPAIR

Replacement of existing worn or damaged materials with equivalent materials for the purpose of routine maintenance and upkeep; but not including any alteration.

[Amended 1-18-2007 by Ord. No. 2007-01]

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area or 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-IN

An establishment that primarily serves foods, confections or beverages to the customer in a ready-to-consume state, and whose method of operation includes a drive-up window so that foods or beverages are served directly to motorist customers or by means which eliminate the need for the customer to exit the motor vehicle.

RESTAURANT, FAST-FOOD

An establishment that primarily serves rapidly prepared foods, confections, or beverages to the customer in a ready-to-consume state, and whose method of operation is such that customers normally order the product at a central location separate from the tables or counters used for consumption. Cafeteria service establishments in which a customer serves himself while passing along a food-service line are also considered fast-food restaurants.

RETAIL SALES

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein.

RETAIL SERVICE BUSINESSES

An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail, wholesale, or services to businesses. These businesses do not include adult-related uses.

RIDING STABLE

A principal use whereby equestrian instruction is offered and/or horses are kept, bred, trained, exercised, or any combination thereof, upon land not occupied by the owner of the horse(s).

RIGHT OF FURTHER SUBDIVISION

The number of lots which may be severed from the parent tract.

[Added 8-21-2008 by Ord. No. 2008-07]

RIGHT-OF-WAY

A corridor of publicly owned or leased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street right-of way line.")

[14]

RIPARIAN

Belonging or related to the bank of a river, stream or wetland.

[Added 4-18-2019 by Ord. No. 2019-03]

RIPARIAN BUFFER

A vegetated area, including trees, shrubs, and herbaceous vegetation, adjacent to a stream, river or wetland.

[Added 4-18-2019 by Ord. No. 2019-03]

RIPARIAN BUFFER AREA

Any area adjacent to both sides of a stream or surrounding wetland which protects water quality from the impacts of nearby activities by slowing and spreading surface water, trapping and filtering out suspended sediment and also providing shade and wildlife habitat.

[Added 4-15-2010 by Ord. No. 2010-01]

ROADSIDE STAND

An accessory use to a farm, which sells only agricultural commodities which that person or persons have produced at least 50% of on the tract of land on which the roadside stand is set up, or on land owned by the person or persons who produced the agricultural commodities, if those agricultural commodities are produced on other land. Roadside stands shall not exceed 300 square feet of floor area.

[Added 8-15-2019 by Ord. No. 2019-04]

RURAL OCCUPATION

An accessory use to a single-family detached dwelling in which residents engage in an occupation contained within an accessory building.

SALDO

The latest version of the Township's Subdivision and Land Development Ordinance,[15] as may be amended.

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit, receive, or both, radio or electromagnetic waves between terrestrially based uses, orbitally based uses, or both. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas.

SAWMILL OPERATIONS

A principal use consisting of a building, structure, or area where timber is cut, sawed, or planed, either to finished lumber, or as an intermediary step, and may include facilities for the kiln drying of lumber and may include the distribution of such products on a wholesale or retail basis. The processing of timber may be from the property on which it is located, from adjoining property, or from other properties removed from the sawmill.

SCHOOL, COMMERCIAL

A school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the public school district.

SCHOOL, PRIVATE

A school that offers elementary, secondary, postsecondary, postgraduate, or any combination thereof, education that may, or may not, be operated as a gainful business.

SCHOOL, PUBLIC

A school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the Eastern York School District

SCHOOL, VOCATIONAL-MECHANICAL TRADE

A school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(1) Truck driving;

(2) Engine repairs;

(3) Building construction and general contracting;

(4) Woodworking;

(5) Masonry;

(6) Plumbing;

(7) Electrical contracting; and

(8) Other similar trades, as determined by the Zoning Hearing Board pursuant to Article I and Article VI of this chapter.

SEASONAL RESIDENCE

A dwelling, cabin, lodge or summer house which is intended for occupancy less than 182 days of the year.

SECONDARY FARM OCCUPATION

See "farm occupation, secondary."

SEMI-IMPERVIOUS SURFACE

A surface such as stone, rock, or other material which prevents some percolation of water into a ground.

SEMIPUBLIC

Something owned, operated and supported by private individuals or a corporation, on a nonprofit basis, for the use or benefit of the general public or for some part of the general public, often with constraints. This definition may include a nonprofit use or institution such as a church, private school, college, hospital, museum, and other institutions of an educational, religious, charitable or philanthropic nature.

[Added 7-18-2013 by Ord. No. 2013-06]

SETBACK

The required horizontal distance between a setback line and a property or street right-of-way line.

(1) SETBACK, FRONT The distance between the street right-of-way line and the building setback line projected the full width of the lot.

(2) SETBACK, REAR The distance between the rear lot line and the rear setback line projected the full width of the lot.

(3) SETBACK, SIDE The distance between the side lot line and the side setback line projected from the front yard to the rear yard.

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SEVERE DEVELOPMENT CONSTRAINTS

Slopes in excess of 15%, soils with severe limitations for development as described by the SCS Soil Survey for York County, floodplain, wetlands, rock outcrops, streams, or drainage ways.

SFD

Single-family detached dwelling.

SHOOTING RANGE, INDOOR

A completely enclosed building where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot for recreation competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOOTING RANGE, OUTDOOR

The use of land outside of a completely enclosed building where firearms and other projectile-type weapon (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot for recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOPPING CENTER

One store, or a planned center of stores, or stores and offices containing more than 40,000 square feet of gross leasable floor area designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public. A sign shall not include flags or other insignia of any government or fraternal organization.

(1) CENTER SIGN A sign or other structure that provides identification at the entrance to a center such as a shopping center, planned commercial center, office complex, or industrial park.

[Amended 12-6-2012 by Ord. No. 2012-05]

(2) FLAT WALL SIGN A sign displayed, mounted, or both, upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall.

[Amended 12-6-2012 by Ord. No. 2012-05]

(3) FREESTANDING SIGN A sign erected upon a permanently affixed, independent structure (legs or base).

(4) HOME OCCUPATION SIGN A sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.

(5) MOBILE SIGN A sign capable of moving from one premises to another, including those painted on vehicles that are parked and/or stored at a location other than where the activity associated with said vehicle is conducted, unless said vehicle is being used in the normal day-to-day operations of the use of the premises on which the vehicle is parked or stored.

[Added 12-6-2012 by Ord. No. 2012-05]

(6) OUTPARCEL SIGN A sign affixed to a freestanding unit of occupancy contained within a planned center.

[Amended 12-6-2012 by Ord. No. 2012-05]

(7) PERMANENT SIGN A sign which is expected to be continuously displayed during the presence of a principal land use.

[Amended 12-6-2012 by Ord. No. 2012-05]

(8) PORTABLE SIGN A sign which is intended to easily be moved and not permanently affixed to a structure or the ground.

[Amended 12-6-2012 by Ord. No. 2012-05]

(9) TEMPORARY SIGN A sign which is only permitted for specified periods of time, associated with some temporary event or work conducted on the site.

[Amended 12-6-2012 by Ord. No. 2012-05]

(10) UNDER-CANOPY SIGN A sign which identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided.

[Amended 12-6-2012 by Ord. No. 2012-05]

(11) WALL PROJECTING SIGN A sign mounted to a building wall such that its principal display area is not parallel to the building wall. It can also be attached to a marquee.

[Amended 12-6-2012 by Ord. No. 2012-05]

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.

SLUDGE

(1) Solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment facility or water treatment facility. Sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary, or advanced wastewater treatment processes, and material derived from sewage sludge. Sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

(a) Domestic sewage is waste and wastewater from humans or household operations that is discharged to or otherwise enters treatment works.

(b) Industrial wastewater is wastewater generated in a commercial or industrial process.

(c) Grit (sand, gravel, cinders, or other materials of high specific gravity).

(d) Screenings (relatively large materials such as rags) generated during preliminary treatment of domestic sewage in a treatment works.

(2) The sewage treatment residues may consist of viscous semisolid mixture of bacteria and virus-laden organic matter, toxic metals, synthetic organic chemicals, and settled nonbiodegradable solids removed from domestic and industrial wastewater at a sewage treatment plant.

SLUDGE SITE

An area of land used for the application of sludge.

SMALL SOLAR ENERGY SYSTEM

A solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and solar-related equipment, and which is intended to reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use; except that when a property upon which the facility 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.

[Added 12-6-2012 by Ord. No. 2012-05]

SMALL WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended primarily to reduce on-site consumption of utility power.

[Added 1-17-2008 by Ord. No. 2008-02]

SOIL CLASSIFICATION

The classifications defined by the United States Department of Agriculture Natural Resources Conservation Service York County Soil Survey. Class 1 shall be considered the highest classification, and Class 8 shall be considered the lowest classification. Unless otherwise specified, differentiation between prime agricultural soils and nonprime agricultural soils shall be sufficient soil classification under this chapter. Prime agricultural soils shall be considered a higher classification than nonprime agricultural soils.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for York County, Pennsylvania.

SOLAR COLLECTION SYSTEM

A solar photovoltaic cell, panel, or array, or solar hot-air or -water collector device, which relies upon solar radiation received from the sun as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.

[Added 12-6-2012 by Ord. No. 2012-05]

SPECIAL EXCEPTION

A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with Article VI of this chapter.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.

[16]

SPECIAL PROTECTION WATERS

Any water body within an exceptional value (EV) or high quality (HQ) watershed.

[Added 4-18-2019 by Ord. No. 2019-03]

SPECIFIED ANATOMICAL, AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, human male genitals in a discernible turgid state, or any combination thereof, even if completely and opaquely covered. (See "adult-related uses.")

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following: (See "adult-related uses.")

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

(5) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or

(6) Erotic or lewd touching, fondling or other contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal irrigation.

STOCKYARD

A use whereby livestock are kept temporarily until slaughtered or shipped elsewhere.

STORAGE

A function involving the deposition of materials, goods, products, or any combination thereof, for safekeeping.

STOREFRONT

The wall of a unit of occupancy which faces the front yard within a planned commercial center, as defined herein.

STORMWATER MANAGEMENT BASIN

Any facility used to retain or detain stormwater that is part of a stormwater management system.

STREAMS

Naturally occurring bodies of surface water, flowing in defined beds or channels. Flow may be either continuous, or only during wet periods.

(1) TYPE A STREAMS For the purposes of the Restricted Development Overlay, Type A streams shall have a buffer of 25 feet of the ordinary waterline of a naturally occurring waterway having a drainage area greater than 500 acres.

(2) TYPE B STREAMS For the purposes of the Restricted Development Overlay, Type B streams shall have a buffer of 10 feet buffer of the ordinary waterline of a naturally occurring waterway having a drainage area of between 200 and 500 acres.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct, and any other dedicated and adopted public right-of-way, or private right-of-way, used or intended to be used by vehicular traffic, pedestrians, or both.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET RIGHT-OF-WAY LINE

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STRUCTURE

Any assembly of materials constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade, excluding mailboxes, swing sets, birdfeeders, birdhouses, decorative fountains, sandboxes, pools, impervious and semi-impervious coverage for patios, driveways, parking areas and sidewalks, fences, signs and other similar nonpermanent objects. This term does include any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land. For purposes of the Restricted Development Overlay, the term "structure" shall include anything constructed or erected on the ground or attached to the ground including, but not limited to buildings sheds, manufactured homes and other similar items.

[Amended 1-18-2007 by Ord. No. 2007-01]

STRUCTURE ACCESSORY

A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SWIMMING POOL

Any pool, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds, ornamental ponds, and lakes are not included, provided that swimming was not the primary purpose for their construction.

TASTING FACILITY

A facility or portion of a facility of a winery where the public may sample products provided by the winery and which has ancillary wine-related retail sales.

[Added 1-16-2014 by Ord. No. 2014-01]

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted.

TESTING

A function involving the examination and assessment of qualities, performances, capabilities, or any combination thereof, of a product, good or material.

THEATER

A building, room, or outdoor structure for the presentation of live performances or motion pictures.

[17]

TINY HOME

A dwelling unit placed on a property for occupancy as a residential dwelling with a habitable area of not less than 150 square feet and not more than 699 square feet, constructed on a permanent foundation. A tiny home shall be considered a mobile home and shall comply with all requirements of Chapter 310 regarding mobile homes and Chapter 490 regarding single-family dwellings. All tiny homes must be certified by Housing and Urban Development (HUD).

[Added 12-17-2020 by Ord. No. 2020-07]

TOP OF BANK

The elevation at which rising waters begin to inundate the floodplain. In case of ambiguous, indefinite, or nonexistent floodplain or question regarding the location, the top of bank shall be the bankfull water elevation as delineated by a person trained in fluvial geomorphology and utilizing the most recent edition of "Applied River Morphology" by Dave Rosgen or comparable reference book. "Top of bank" shall be synonymous with "edge of water."

[Added 4-18-2019 by Ord. No. 2019-03]

TOWNSHIP

Hellam Township, York County, Pennsylvania.

[Amended 10-15-2009 by Ord. No. 2009-06]

TRANSFERABLE DEVELOPMENT RIGHTS

A separate estate in the land which may be severed from and used or transferred separately which represents rights to develop with the Township has attached to specified lands within the Rural Agricultural Zone which the Township desires to be kept minimally developed or undeveloped transferable. Development rights may be used to enable subdivision of lots and development of the land to which the Township assigned the transferable development rights, or they may be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.

[Amended 8-21-2008 by Ord. No. 2008-07]

TRANSFERRING TRACT

A parent tract from which development rights are severed to be transferred in gross or to be used on a developing tract.

TRUCK STOP

A planned center in which two or more different truck and transport-related uses are provided on a common site.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

[18]

UNDERSTORY

The smaller vegetation (shrubs, seedlings, saplings, small trees) within a forest stand, occupying the vertical zone between the overstory and the herbaceous plants of the forest floor.

[Added 4-18-2019 by Ord. No. 2019-03]

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1) USE, ACCESSORY A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

(2) USE, PRINCIPAL The main or primary use of property or structures.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to Article VI of this chapter.

VETERINARIAN'S OFFICE

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits, and birds or fowl. No outdoor boarding of animals is permitted.

VINEYARD

Ground planted with grapevines cultivated for the purpose of commercially producing wine. A vineyard is an agricultural use where grapes and/or other wine-producing crops are grown.

[Added 1-16-2014 by Ord. No. 2014-01]

WASTE

Garbage, refuse, and other discarded materials including, but not limited to, solid, semisolid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential, and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended. Waste shall expressly include those materials defined, at any given time, as waste by the PA DEP and the United States Environmental Protection Agency. For the purposes of this chapter, the difference between waste and junk or recyclables is that waste shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent, whereas, junk includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal, and whereas, recyclables include materials that have entered a reasonably continuous process whereby their reuse is imminent.

WASTE HANDLING FACILITY, PRINCIPAL

A principal use whereby waste is brought to the site for storage, processing, treatment, transfer, or disposal.

[19]

WATER BODY

Any natural or man-made pond, lake, wetland, impoundment, or watercourse. This shall not include an active quarry or any facility designed and constructed solely to contain stormwater, or a swimming pool.

[Added 4-18-2019 by Ord. No. 2019-03]

WATERCOURSE

Any channel or conveyance of surface water having a defined bed and banks, such as a stream, river, brook, or creek, whether natural or artificial, with perennial, intermittent, or seasonal flow. This shall not include any channel or ditch designed and constructed solely to carry stormwater.

[Amended 9-3-2015 by Ord. No. 2015-05; 7-21-2016 by Ord. No. 2016-02; 4-18-2019 by Ord. No. 2019-03]

WATERSHED

All the land from which water drains into a particular watercourse.

WECS UNIT (WIND ENERGY CONSERVATION SYSTEM)

Any device which converts wind energy to mechanical or electrical energy and shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub, rotary blades, etc., or any combination thereof.

WETLAND or WETLANDS

Those areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in a saturated soil conditions, including swamps, marshes, bogs, ponds, lakes, and similar areas. "Wetlands" shall include any area so delineated by the National Wetlands Inventory of the U.S. Fish and Wildlife Service and all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection (PADEP) or the United States Army Corps of Engineers (ACE). In the event there is a conflict between the definitions of these agencies, the more restrictive definition that defines the wetlands most expansively shall apply.

[Amended 9-3-2015 by Ord. No. 2015-05; 7-21-2016 by Ord. No. 2016-02; 4-18-2019 by Ord. No. 2019-03]

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WIND ENERGY FACILITY

An electric generating facility, whose main purpose is to supply electricity off-site, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and appurtenant facilities.

[Added 1-17-2008 by Ord. No. 2008-02]

WINDOW

An opening to the outside other than a door which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

WIND TURBINE

A wind energy conversion system that converts wind energy into electricity for use off-site, through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

[Added 1-17-2008 by Ord. No. 2008-02]

WINERY EVENT

A gathering or activity occurring at a predesignated time which is considered as an accessory function of a Type B winery. These activities may include, but are not limited to: weddings, receptions, festivals, concerts, meetings, retreats and other agritourism gatherings which are intended to allow for the sampling and direct marketing and sales of wines produced on the premises or produced elsewhere. A winery event would not apply to regular walk-in tasting, retail sales or tours.

[Added 1-16-2014 by Ord. No. 2014-01]

WINERY, TYPE A

A facility that processes grapes and other fruit products or vegetables, to produce wine or similar spirits. Processing includes crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery, and warehousing. A Type A winery may include barrel rooms, bottling rooms, tank rooms, laboratories and offices, as well as uses that are clearly incidental to the production of wine. No on-site sales of wine shall be allowed.

[Added 1-16-2014 by Ord. No. 2014-01; amended 10-15-2020 by Ord. No. 2020-02]

WINERY, TYPE B

Includes the uses listed under Type A winery, and also includes retail and wholesale sales of wine, catering areas, banquet areas or rooms, halls, winery events, tours, picnic areas, food service and a tasting facility. Food service is not to include a restaurant.

[Added 1-16-2014 by Ord. No. 2014-01]

WOODLANDS

An area or stand of trees covering an area 10,000 square feet or more, having a continuous canopy, and located on a parent tract prior to subdivision.

[Amended 12-6-2012 by Ord. No. 2012-05]

YARD

An area between the permitted structures and the property lines.

(1) YARD, FRONT The area contained between the street right-of-way line and the principal structure. For flag lots, the front yard shall be that area between the principal structure and that property line which is most parallel to the street that provides access and is not part of the flagpole.

(2) YARD, REAR The area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard.

(3) YARD, SIDE The area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the non-address street(s) For flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure.

ZONING

The designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

[2] Editor's Note: See 3 P.S. § 1901 et seq.

[3] Editor's Note: The definition of "applicant," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[4] Editor's Note: The definition of "bankfull flow or level," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[5] Editor's Note: The definition of "best management practice (BMP)," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[6] Editor's Note: Original definition of "conservation design development," which immediately followed this definition, was repealed 1-18-2007 by Ord. No. 2007-01.

[7] Editor's Note: The definitions of "forest litter" and "forested riparian buffer," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, were repealed 7-21-2016 by Ord. No. 2016-02.

[8] Editor's Note: The definition of "ground cover," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[9] Editor’s Note: The former definition of “hedgerow,” adopted 12-6-2012 by Ord. No. 2012-05, was repealed 4-18-2019 by Ord. No. 2019-03.

[10] Editor's Note: The definition of "impacted riparian buffer," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[11] Editor’s Note: The former definition of "intensive animal operation," which immediately followed this definition, was repealed 8-15-2019 by Ord. No. 2019-04.

[12] Editor's Note: The definition of "land disturbance," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[13] Editor's Note: The definition of "normal pool elevation," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[14] Editor's Note: The definitions of "riparian" and "riparian buffer," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, were repealed 7-21-2016 by Ord. No. 2016-02.

[15] Editor's Note: See Ch. 430, Subdivision and Land Development.

[16] Editor's Note: The definition of "special protection waters," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[17] Editor's Note: The definition of "top of bank," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[18] Editor's Note: The definition of "understory," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.

[19] Editor's Note: The definition of "water body," added 9-3-2015 by Ord. No. 2015-05, which immediately followed this definition, was repealed 7-21-2016 by Ord. No. 2016-02.