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Other words used herein shall be interpreted or defined as follows:

ACCESSORY EQUIPMENT - any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term “accessory equipment” includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

ADAPTIVE REUSE - rehabilitation or renovation of existing building(s) or structures for any use(s) other than the present use(s).

ADULT BUSINESSES AND ENTERTAINMENTS - commercial exploitation of explicit sexual conduct through the public exhibition of lewd films and the display and/or sale of lewd publications and the use of so-called massage parlors, model studios and clubs featuring nude dancers for purposes of lewdness, assignation or prostitution which constitutes a debasement and distortion of a sensitive key relationship of human existence central to family life, community welfare and the development of human personality and is offensive to the senses and to public morals and interferes with the comfortable enjoyment of life and property, the interest of the public in the quality of life and total community environment, the tone of commerce in the Township, property values and the public safety.

ACCESSORY USE OR STRUCTURE - a building or use clearly incidental or subordinate to, and customary in connection with, and located on the same lot with the principal building or use.

AGRICULTURE - uses involving the production of food and fiber, including animal husbandry, but excluding kennels, agricultural processing facilities, retail nurseries and greenhouses and other retail enterprises.

ALZHEIMER’S RESIDENTIAL CARE FACILITY - a full time licensed personal commercial daycare and licensed residential personal care facility providing specialized care, including skilled nursing care and medical services to patients and residents with dementia and memory illness.

[Ord. 206]

AMBULATORY SURGICAL CENTER - an establishment associated with a hospital or specialty hospital use where patients are admitted for surgical treatment on an outpatient basis by one or more physicians or medical personal and where patients are not usually lodged overnight. [Ord. 192]

ANIMAL HOSPITAL - a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-term boarding and shall be incidental to such hospital use.

ANTENNA - a device used to collect or transmit telecommunications or radio signals, or any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

ANTENNA HEIGHT - the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

ANTENNA SUPPORT STRUCTURE - any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

ALLEY - a public or private way affording only secondary means of access to abutting property. Alleys may also be known as “courts,” “places” or “lanes.”

ANIMAL HUSBANDRY - the raising and keeping of livestock and poultry, with the intent of producing capital gain or profit or with the intent of selling any livestock or poultry products. The keeping of livestock or poultry as farm pets, or for domestic purposes pursuant to the regulations of this Chapter shall not be construed as animal husbandry.

APPLICATION FOR DEVELOPMENT - every application, whether preliminary, tentative or final required to be filed and approved grins to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

ASSISTED LIVING FACILITIES - facilities in which a combination of housing, personalized supportive services and minimal health care designed to meet the individual needs of persons age fifty-five (55) and over who need help with the activities of daily living, but do not need the skilled medical care provided in a nursing home, are provided. This shall include independent living units for seniors with supportive services but shall not include skilled nursing care or nursing home facilities. Also referred to as “personal care facilities,” rest homes” or “retirement homes.” [Ord. 192]

ATHLETIC FACILITY OR HEALTH CLUB - an establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts and other team sport facilities, swimming facilities, saunas, showers, massage rooms and lockers. [Ord. 192]

ATTIC - any uninhabited space between the top of the ceiling framing of the top habitable story and the roof framing and any walls constituting a part of the enclosure of the space.

AUTOMOTIVE SERVICES - a facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting.

AWNINGS - a structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be raised or retracted to a position against the building.

BABYSITTING - the temporary or occasional care of a number of children or adults which takes place either at the home of the person giving care or at the dwelling unit customarily and regularly occupied by the children or adults as their residence. [Ord. 192]

BALCONY - a floor level open to the floor below. A floor level shall be considered a story when it exceeds one-third (1/3) of the area of the floor it is open to. Any space enclosed with floor to ceiling partitions shall be considered a story except for toilet facilities and incidental rooms which are not occupied.

BANNER - a sign intended to be hung either with or without a frame possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind excluding flags, emblems, and insignia of political, professional, religious, education, or corporate organizations providing that such flags, emblems, and insignia are displayed for noncommercial purposes.

BASEMENT - a floor level completely below grade or floor level in which more than two-thirds (2/3) of the perimeter walls are below grade. A wall shall be considered below grade where the dimension from the first floor line to the finished grade is five (5) feet or less, and the slope of the finished grade extending ten (10) feet from the building walls does not exceed thirty (30) degrees.

BED AND BREAKFAST - an owner-occupied dwelling, in which no more than six (6) rooms are rented for lodging and serving of breakfast (but no other meals), designed primarily for casual and transient roomers, and where no public restaurant is maintained.

BILLBOARDS AND OFF-PREMISES SIGNS - a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term “off-premises sign” shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

BLADE SIGN - a sign suspended from a marquee, canopy, awning, or porch that would exist without the sign.

BLOCK - an area bounded by three (3) or more roads.

BOARD - any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications.

BOARDING HOUSE - a dwelling in which the owner or tenant rents at least one (1) but not more than six (6) rooms and furnishes meals for compensation.

BUFFER STRIP - a strip of land at least ten (10) feet in width which may be a part of the minimum setback distance.

BUILDING - any structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property. The term “building” shall include the term “structure” as well as signs, walls, swimming pools, porches, garages and similar structures. Structures divided by unpermed masonry division walls extending from the ground to the roof shall be deemed to be separate buildings.

BUILDING AREA - the horizontal ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions.

BUILDING COVERAGE - that proportion of a lot that is occupied by structures.

BUILDING HEIGHT - the vertical distance measured from the average ground level on the exterior perimeter of the building to the highest point of the roof.

BUILDING, PRINCIPAL - a building in which is conducted the main or principal use of the lot on which said building is located.

BUILDING SETBACK LINE - the line within a property defining the minimum required distance between the principal building to be erected and an adjacent lot line.

BUILDING SIGN - see “wall sign.”

BUILDING SUPPLY CENTER - the retail sale of a diverse range of hardware and related materials generally used in the maintenance, repair, or construction of buildings or other structures, including lawn and garden supplies.

BUSINESS - any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term “business” shall include the occupancy or use of a building or lot or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service.

BUSINESS SIGN - see “premises sign.”

CAFE OR COFFEE SHOP OR SMALL RESTAURANT - a small facility; not exceeding 500 SF in size, where drinks and snacks are sold. [Ord. 192]

CAMPGROUND - a plot of ground, at least ten (10) acres in size, upon which two (2) or more campsites are located, established or maintained for temporary occupancy by persons using tents, camping trailers, motor homes or any combination thereof.

CAMPING TRAILER - refer to the Township Mobile Home and Trailer Regulations [Chapter 14, Part 1].

CANOPY - a structure constructed of rigid materials including, but not limited to, metal, wood, concrete, plastic, canvas or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground.

CANOPY SIGN - a sign which is suspended from, attached to, supported from or forms a part of a canopy.

CELLAR - the portion of a building, other than a basement, that is located below ground level.

CERTIFICATE OF COMPLIANCE - written notification that the use or structure complies with applicable Sections of this Chapter.

COLLOCATION - the mounting of one (1) or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

COMMERCIAL ADVERTISING SIGNS - see “billboards” and “off-premises signs.”

COMMERCIAL CAMP OR CLUB - a business offering dormitories, cottages, cabin or similar accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities to the public at large or any segment of the public on other than a transient basis. This definition does not include “trailer camp.”

COMMERCIAL INDOOR RECREATION AND ENTERTAINMENT - facilities intended for banquets, conventions, public events, performances, indoor leisure time activities including, but not limited to, bowling alleys, indoor skating rinks, indoor swimming pools and similar facilities.

COMMERCIAL PARKING AREA - a parking area accessory to a permitted commercial use not located on the same parcel as the permitted use or a parking area, not accessory to any use, for which a parking fee may be charged for the use thereof.

COMMERCIALLY REASONABLE - terms and pricing that are reasonably consistent with similar wireless facility leases and agreements within a fifty (50) mile radius of the Township.

COMMISSION - the Township Planning Commission.

COMMON OPEN SPACE - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designated and intended for the use or enjoyment of residents of a development, not including streets, off-street parking area, and areas set aside for public facilities; provided, however, common open space may include a golf course containing at least eighteen (18) holes open for the use or enjoyment of the residents of a planned residential development and/or to the general public on a commercial basis.

COMMON PROPERTY - land amenities, structures, central services and utilities and other elements of a development project that are owned in common by multiple residential owners or members of a condominium, homeowners or property owners association.

COMMUNICATIONS CENTERS - telephone, telegraph, television, radio, computer and electronic facilities carried on inside a completely enclosed building.

COMMUNICATIONS TOWER - the equipment and structures involved in receiving or transmitting telecommunication or radio signals, but limited to those facilities with respect to which the State and Federal governments have not, under public utility laws, strictly pre-empted the Township from regulating.

COMPACT CAR - a vehicle with dimensions smaller than or equal to five (5) feet nine (9) inches in width and fifteen (15) feet in length.

CONDITIONAL USE - a use permitted in a particular zoning district by the Board of Supervisors pursuant to the provisions of this Chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. §10601 et seq.

CONSTRUCTION SIGN - a sign identifying individuals or companies involved in design, construction, wrecking, financing, or development when placed upon the premises where work is under construction, but only for the duration of construction or wrecking.

CONTINUING CARE FACILITIES - a campus on which is provided a combination of, (1) independent living senior housing units for the elderly or disabled, (2) assisted living facilities, and (3) nursing home or skilled nursing care facilities, such that residents can transition from one life care setting to another through all phases depending upon their level of required assistance with the activities of daily living. Also referred to as “life care facilities” or “continuing care retirement communities.” [Ord. 192]

CONTIGUOUS LAND - parcels of land in the same ownership that directly adjoin one another along one or more major lot lines without being separated by a public road or railroad line.

CONVENIENCE STORE - a retail store with a floor area of less than two thousand five hundred (2,500) square feet that sells groceries, convenience goods such as prepackaged food items, tobacco, periodicals, and other household goods, and may also sell gasoline; does not include automotive service stations.

COUNTY - the County of Monroe, Commonwealth of Pennsylvania.

CROP FARMING - the raising and keeping of field, truck, and tree crops. For the purposes of this Chapter the term “crop farming” does not include animal husbandry.

DAY CARE (COMMERCIAL) - any establishment other than a dwelling unit or residence, including any outdoor play area, which provides care for greater than four (4) children or adults on a regular basis, during a portion of the day or night, for the purpose of relieving the individual’s legal guardian of that care and responsibility, for compensation or other consideration. [Ord. 192]

DAY CARE (HOME CARE) - any residential unit, including any outdoor play area, in which is provided care for four or fewer children or adults (other than immediate family members) on a regular basis, during a portion of the day or night, for the purpose of relieving the individual’s legal guardian of that care and responsibility, whether for compensation or other consideration or for free. (For differentiation, see definition of “babysitting.”) [Ord. 192]

DATA CENTER - a facility used primarily for or intended to be used primarily for the housing, operation, and/or co-location of computer and communications equipment and for handling, storing and backing up the data necessary for the operation of a business or organizational entity. A data center generally includes environmental controls (air conditioning, fire suppression, etc.), redundant/backup power supplies, redundant data communications connections and high security. [Ord. 188]

DISASTER RECOVERY FACILITY - a building used for the continued operation of an off-site business in the event of a natural or man-made disaster that causes the interruption of that business. Such facilities may include digital storage of business documentation, records, and other information. [Ord. 188]

DISTRIBUTED ANTENNA SYSTEMS (DAS) - network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

DWELLING - a building, or portion thereof, designed for and occupied exclusively for residential purposes, excluding hotel, rooming house, tourist home, institutional home, guesthouse, residential club, motel, motor court and the like, but including the following:

ATTACHED SINGLE-FAMILY DWELLING (TOWNHOUSE) - a type of multifamily dwelling that involves one (1) dwelling unit that is attached to two (2) or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by vertical common walls.

MULTIFAMILY DWELLING - a building containing three (3) or more individual dwellings with separate cooking and toilet facilities for each dwelling.

ONE (1) FAMILY DETACHED DWELLING - a building designed for and occupied exclusively as a residence for only one (1) family and having no party wall in common with an adjacent building.

SEMI-DETACHED TWO (2) FAMILY DWELLING - A building designed for and occupied exclusively as a residence for two (2) families living independently of each other.

DWELLING UNIT - any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating by one (1) family.

ELIGIBLE FACILITIES REQUEST - an application for modification of an existing wireless communications facility or base station that involves: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.

EMERGENCY - a condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EMERGENCY SERVICE FACILITIES - facilities operated by public agencies for public safety and emergency services, including police and/or fire protection, emergency medical and ambulance service, and related administrative facilities.

FAMILY - any number of persons living together as a single, permanent and stable nonprofit housekeeping unit using all of the rooms within the dwelling and with housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together with the sharing of food, mortgage, rent, utilities or other household expenses. The group of individuals must not only function as a family within that household but, in addition, the composition of the group must be sufficiently stable and permanent so as not to be fairly characterized as purely transient.

FCC - Federal Communications Commission.

FEDERAL, STATE AND COUNTY BUILDINGS AND USES - buildings and uses occupied by Federal, State and County governmental agencies or operations. [Ord. 192]

FLEA MARKET - an occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers.

FLOODWAY - the channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry or discharge the floodwater or flood flow of any natural stream or river.

FLOODPLAIN AREA - the stream or river channel and the predominantly level area abutting the channel of a watercourse which has been inundated or covered by floodwater, including any areas within the one hundred (100) year flood line as shown on the most recent Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency for the Township.

FLOODPLAIN AREA, FIVE HUNDRED (500) YEAR - that portion of the floodplain located between the one hundred (100 year and five hundred (500) year flood elevations as shown on the most recent Flood Insurance Rate Maps prepared by the Federal Emergency management Agency for the Township. [Ord. 188]

FLOOR AREA - the sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings, excluding cellar areas used only for storage and the operation and maintenance of the building.

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.

FRATERNAL ORGANIZATION - a group of people formally organized for a common interest with regular meetings and formal written membership requirements.

FREE-STANDING SIGN - see “ground sign.”

FRONT FACADE AREA - the area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of structure to the public rights-of-way.

GAMBLING - any facility where gaming activities, including casinos, off-track betting or similar activities, are offered, but excluding nonprofit fundraising events where various activities such as bingo are conducted with required permits.

GARAGE, PRIVATE - a building or part thereof accessory to a principal building and providing for the storage of vehicles and in which no occupation or business for profit is carried on.

GARAGE, PUBLIC OR STORAGE - a building or part thereof other than a private garage for the storage of motor vehicles and in which repairs or service station activities are or may be carried on.

GLARE - the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.

GREENHOUSE - a horticultural use or operation occurring within a partially or totally enclosed structure, including but not limited to the sale of products produced in such structure.

GROSS LEASABLE AREA - the total floor area for which the tenant pays rent and that is designed for the tenant’s occupancy and exclusive use. Gross leasable area is also referred to as GLA and does not include public or common areas, such as utility rooms, or stairwells.

GROUND SIGN - a sign supported by structures or supports or upon the ground and attached or dependent for support from any building.

HEALTH AND WELLNESS CENTER - an establishment where a variety of rehabilitative services, outpatient services, nutritional counseling services, athletic facilities or health clubs and other related services are provided in a comprehensive setting. [Ord. 192]

HEIGHT OF A TOWER-BASED WIRELESS COMMUNICATIONS FACILITY - the vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

HEIGHT OF A WIRELESS SUPPORT STRUCTURE - the vertical distance measured from the ground level, including any base pad, to the highest point on a communications tower, including communications antennas mounted on the tower and any other appurtenances.

HOME OCCUPATION - an occupation, profession, activity, or use that is clearly a customary, secondary, and incidental use of a residential dwelling unit which does not alter the exterior of the property or affect the residential character of the neighborhood.

HOME, SECTIONAL - a dwelling unit manufactured in two (2) or more sections designed for permanent occupancy, and transported to a building site in sections which are fastened together and mounted on a permanent foundation ready for occupancy except for minor and incidental unpacking and assembly operations.

HOSPITAL - a State-licensed facility providing primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, and medical offices. [Ord. 192]

HOTEL - a building or part thereof which has a common entrance, common heating system, and general dining room, and which contains six (6) or more living and sleeping rooms designed and used primarily for temporary occupancy by transients for compensation.

HYDRIC SOILS - soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. Hydric soils are classified in the Soil Survey of Monroe County, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, 1981.

ILLUMINATED SIGN - a sign in which an artificial source of light is used in connection with the display of such sign.

INN - a combination of eating, lodging and recreational enterprises for extended stay vacations on land area of ten (10) acres or more, but not including any enterprise where more than fifty (50) lodging accommodations are provided.

INSTRUCTION SIGN - a sign, providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public, including, but not specifically limited to, those signs identifying rest rooms, public telephones, public walkway, parking areas, and other similar facilities.

INTERNAL ILLUMINATION - illumination of a sign which is affected by an artificial source of light, which is contained within the sign itself.

JUNK - any discarded material or article including, but not limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers, and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.

JUNKYARD - any lot where junk, as defined above, is stored, disposed of, or accumulated.

KENNEL - any facility where more than four (4) dogs or similar domestic animals over six (6) months of age are kept, boarded or trained, whether or not commercially operated.

LABORATORY - a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

LAND DEVELOPMENT - any of the following activities:

1. The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:

a. A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.

b. The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

2. A subdivision of land.

3. “Land development” does not include development which involves:

a. The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium.

b. The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.

c. The addition or conversion of building or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the property authorities.

LIGHT MANUFACTURING - any manufacturing use with no or low environmental impacts carried on in a completely enclosed building such as, but not limited to, the production and/or assembly of photographic equipment, precision instruments, ceramic products, electrical or electronic equipment, components and accessories, electronic or mechanical measuring instruments and control devices, optical equipment, communication equipment, computers, instruments, accessories and supplies used in medical diagnosis or treatment.

LIGHT TRESPASS - (also known as “spill light”) - light which is distributed where it is not needed or wanted, light which falls outside the boundaries of the property on which the lighting installation is located.

LODGING ACCOMMODATIONS - within a resort lodging may be in multiple-unit or single-unit buildings and may include kitchen facilities separate from the restaurants and eating facilities provided at the resort for the public. Lodging accommodations at a resort shall not have a location-based mail delivery address separate from that of the resort itself.

LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA - the gross horizontal area contained within the property lines of a lot excluding space within all roads and within all permanent drainage easements, but including the areas of all other easements.

LOT CORNER - a lot at the junction of and abutting on two (2) or more intersecting roads where the interior angle of intersection does not exceed one hundred twenty (120) degrees. A lot abutting a curved road shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the road lines intersect at an interior angle of less than one hundred twenty (120) degrees.

LOT COVERAGE - the percentage of the “lot area” that is occupied by the “building area.”

LOT, INTERIOR - any lot other than a corner lot.

LOT, THROUGH - a lot extending between and having frontage on two (2) generally parallel and opposite roads.

LOT DEPTH - the average horizontal distance between the front and rear lot lines.

LOT, WIDTH - the horizontal distance between the side lot lines, measured along the building setback line and parallel to the front lot line.

LOT LINE - any boundary of a lot.

LOT LINE, FRONT - any boundary of a lot which is along an existing or proposed road right-of-way. Corner lots and through lots shall have two (2) front lot lines.

LOT LINE, REAR - any boundary line of a lot extending between the side lot lines and generally opposite to the front lot lines.

LOT LINE, SIDE - any boundary of a lot extending from a road and dividing separate lots which abut the road.

LUMBERYARD - a facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold. Lumberyards may also process lumber by performing millwork, planing, cutting, and other customizing processes.

MANUFACTURING - the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

MANUFACTURING, LIGHT - the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products.

MARQUEE - a permanent roof-like structure extending from part of the wall of a building, but not supported by the ground and constructed of durable material such as metal or glass.

MASONRY MATERIAL - a material or product such as stone, brick or cement block.

MASTER SIGNAGE PLAN - a plan submitted by the owner or owners of multiple properties or uses, under conditional use procedures, to allow pre-approval of all future signage on such properties. A master signage plan shall specify the materials, location, dimensions, type, design and number of all signs to be erected on the property now or in the future. Such plans shall be prepared by a landscape architect, architect, sign designer, engineer or other qualified professional. These plans shall be adopted by the property owners, who shall agree that all signs to be constructed by them or any of their tenants or occupants now or in the future shall comply with the standards therein. A master signage plan may be submitted for multiple properties provided they are contiguous. A master signage plan may also be required by the Township in those instances where multiple commercial uses are proposed on a single property.

MEDICAL AND HEALTH AND CARE USES - includes the following uses defined herein: “ambulatory surgical center,” “assisted living facility,” “athletic facility or health club,” “continuing care facilities,” “health and wellness center,” “hospital,” “medical center,” “medical office,” “medical residential campus,” “nursing home or skilled nursing facility,” “rehabilitation facilities,” “residential drug, alcohol and/or substance abuse treatment facility,” and “specialty hospital.”

[Ord. 192]

MEDICAL CENTER - a campus or large building where medical offices, outpatient facilities, and other associated medical and health care services are located. A medical center does not include a hospital or specialty hospital use.

[Ord. 192]

MEDICAL OFFICE - a building which contains professionals who dispense health services and provide testing where patients are admitted for examination and treatment on an outpatient basis.

[Ord. 192]

MEDICAL RESIDENTIAL CAMPUS - a principal use whereby a comprehensive medical and residential environment serves persons of all ages possessing some ailment or disability. Medical residential campuses also offer a variety of residential dwelling types determined by the occupants’ respective needs for some level of nursing and/or medical care.

[Ord. 192]

MEMBERSHIP CLUB AND CAMP - an association of persons which is the owner, lessee or occupant of an establishment operated solely for a recreational, social, fraternal, religious, political or athletic purpose whose activities are confined to the members and guests, are not extended to the general public, and include the establishment so operated; but does not include such clubs and camps the chief activity of which is a service customarily carried on primarily for business or gain.

MEZZANINE - a floor level open to the floor below. A floor level shall be considered a story when it exceeds one-third (1/3) of the area of the floor it is open. Any space enclosed with floor to ceiling partitions shall be considered a story except for toilet facilities and incidental rooms which are not occupied.

MIXED USE BUILDING - a building designed to encourage a diversity of compatible land uses, which include a mixture of two (2) or more of the following uses: residential, institutional, civic, office, commercial, or retail use.

MIXED USE DEVELOPMENT - An adjacent development tract that meets the requirements of this Chapter for a mixed use development at the time of the initial submittal of a subdivision or land development plan for the property, and which may include the subdivision of new lots, provided that each new lot continues to comply with the mixed use development requirements, unless specifically approved otherwise by the Board of Supervisors.

[Ord. 221]

MOBILE HOME - a transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit or in two (2) or more units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that is may be used without a permanent foundation.

MOBILE HOME LOT - a parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobilehome.

MOBILE HOME PARK - a parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes.

MODIFICATION OR MODIFY - the improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MORTUARY AND/OR FUNERAL HOME - a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

[Ord. 192]

MOTEL - a building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access, designed and used primarily for temporary occupancy by transients for compensation. The term “motel” includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include mobile homes or travel trailers.

MOVING SIGN - a sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the movement of parts or through the impression of movement, including automatic, electrically controlled copy changes, but not including flags, banners, or pennants.

MUNICIPAL AUTHORITY - a body politic and corporate created pursuant to the Act of May 2, 1945, (P.L. 382, No. 164), known as the “Municipalities Authority Act of 1945.”

MUNICIPAL BUILDINGS AND USES - a property, structure or use owned or occupied and by Smithfield Township. Such use shall include but not be limited to municipal administration buildings, police barracks, libraries, parks and recreational facilities, and parking lots or structures or road maintenance facilities.

[Ord. 192]

MUNICIPALITY - includes cities, boroughs, first class townships and second class townships.

NEON OR OTHER GAS TUBE ILLUMINATION - illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols, or other shapes.

NIT - a unit of illuminative brightness equal to one (1) candle per square meter, measured perpendicular to the rays of the source.

NO-IMPACT HOME-BASED BUSINESS - a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the primary use as a residential dwelling unit and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

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 unit.

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

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 unit and may not occupy more than twenty-five (25%) percent of the habitable floor area.

8. The business may not involve any illegal activity.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF) - all non-tower wireless communications facilities, including but not limited to, antennas and related equipment. Non-tower WCF shall not include support structures for antennas and related equipment.

NONCONFORMING LOT - a lot the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

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 this Chapter or amendment, or prior to the application of this Chapter or amendment to its location by reason of annexation.

NONCONFORMING STRUCTURE - a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter 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.

NONRESIDENTIAL STRUCTURE - any enclosed or semi-enclosed structure other than a single-family, two (2) family or multi-family dwelling including, but not limited to, commercial structures, hotels, parking decks and similar buildings.

NURSERY - an operation for the cultivating, harvesting, and sale of plants, bushes, trees, and other nursery items grown on site and related accessory sales and uses.

NURSING HOME OR SKILLED NURSING FACILITY - a licensed institution or facility in which full-time skilled nursing care and related medical or other health services are provided for a period exceeding twenty-four (24) hours, for two (2) or more individuals, who are not relatives of the administrator, who are not acutely ill and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or medical infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a facility.

[Ord. 192]

OFF-PREMISES SIGN - see “billboard.”

OFFICE - a use or building primarily for conducting the affairs of a business, profession, service, industry or government or like activity, and may include ancillary services for office workers such as a coffee, newspaper or candy stand or day care center so long as they are for the use of persons employed by or conducting business within that facility.

[Ord. 192]

OFFICIAL MAP - the map established by the Township Board of Supervisors under Article IV of the Pennsylvania Municipalities Planning Code showing the location and width of roads, highways, parkways, public parks, and playgrounds.

OFFICIAL ZONING MAP - the map established by the Township Board of Supervisors designating the location and boundaries of the zoning districts established.

OPEN SPACE - any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OUTDOOR RECREATION AND ENTERTAINMENT - commercial facilities intended for outdoor leisure time activities including, but not limited to, swimming clubs, golf courses, tennis clubs, archery ranges and similar uses, but excluding outdoor movie theaters and outdoor shooting ranges. This shall not include public or private community recreational facilities operated on a nonprofit basis.

OUTDOOR STORAGE FACILITIES - an establishment where boats, recreational vehicles and other operable equipment is stored for rent on a seasonal or temporary basis not to exceed eight (8) months, not including junkyards, automotive sales or other equipment sales.

OVER LIGHTING - the condition when the brightness exceeds what is needed or recommended.

PAPER MILL - the manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products.

PARKING AREA - an open space used for the storage or parking of motor vehicles exclusively, with or without compensation, and in which no other business is conducted.

PARKING AREA EMPLOYEE - parking designated for employee’s, not included in the required number of parking spaces as specified in Schedule II.

PARKING AREA OVERFLOW - parking area in addition to the required number of parking spaces as specified in Schedule II.

PARKING AREA, LONG TERM - parking area where vehicles may stay for periods greater than twelve (12) hours.

PARKING SPACE - a space or berth which is arranged and intended for parking of one (1) motor vehicle in a garage or parking area.

PATH FINDER SIGN - a sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located.

PATHWAY - A pedestrian travelway that is constructed of compacted crushed stone, concrete or bituminous surfaces and that is designed to provide connections between various pans of a development. A pathway may or may not also be designed to accommodate bicycle travel and motorized wheelchairs, but shall not allow use by motor vehicles. A pathway that is required by Township ordinances shall include a pedestrian easement if it is not located within a street right-of-way.

[Ord. 221]

PATIO - a surfaced area or courtyard or a deck less than one (1) foot above ground elevation designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure or for any fences or walls three (3) feet or less in height, or shrubs or hedges. Outdoor areas which are screened or enclosed by a roof or awning shall be considered to be a structure.

PENTHOUSE - a structure built above a roof. The use is limited to the housing of machinery, mechanical equipment, and stairways. A penthouse shall not be construed as being a story.

PERFORMANCE GUARANTEE - any security which may be accepted by the Township in lieu of a requirement that certain improvements be made by the subdivider before the plat is approved including performance bonds, escrow agreements, and other similar collateral or surety agreements.

PERSONAL SERVICES - a use which provides an individual service generally related to personal needs such as beauty and barber shops, laundromats or dry cleaners, tanning salons, tattoo parlors, travel agencies, and similar type uses. Such use does not include medically related services.

PERSONS - individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided, that person does not include or apply to the Township or to any department or agency of the Township.

PLACE OF WORSHIP - a church, synagogue, temple, mosque, or other facility that is used for prayer or worship by persons of similar beliefs. Parish houses, parsonages or other housing for members of the clergy are permitted as an ancillary use when clearly secondary to the use of the property as a place of worship.

[Ord. 192]

PLANNED RESIDENTIAL DEVELOPMENT - an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one (1) district created, from time to time, under the provisions of this Chapter.

PLANNING AGENCY - a Planning Commission, Planning Department, or a Planning Committee of the Board of Supervisors.

PLAT - the map or plan of a subdivision or land development, whether preliminary or final.

POLE OR POLES - any freestanding structure located within the public rights-of-way, including but not limited to utility poles, street lights, traffic lights and signage that may support, hold, or house wireless communications facilities, wireless accessory equipment, or related equipment.

PORCH - a structure or part of a structure which is enclosed on one (1) or more sides by a fence or wall over three (3) feet high or by a roof or awning or a structure which would otherwise be classified as a patio or deck except that it is one (1) foot or more above the ground elevation.

PREMISES SIGN - a sign that directs attention to a business, profession, activity, commodity, service, product price, or entertainment conducted, sold, or offered upon the premises where such sign is located or within the building to which such sign is affixed.

PRIOR APPROVED DESIGN - a design for a small wireless communications facility that has been reviewed and deemed to be in accordance with the design requirements herein and approved for construction by the Township.

PROFESSIONAL ENGINEER (P.E.) - an active, registered professional engineer (P.E.), licensed as such by the Commonwealth of Pennsylvania.

PROFESSIONAL OFFICE - the office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupation, shall be conducted by a member of the residential family entirely within the dwelling, and shall include only the offices of doctors or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, lawyers, artists, authors, musicians and other recognized professional occupations. The issuance of a State or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

PROJECTING SIGN - a sign which is affixed to a building or wall and extends beyond the line of such building or wall or beyond the surface of that portion of the building or wall to which it is affixed by more than sixteen (16) inches.

PUBLIC GROUNDS - includes:

1. Parks, playgrounds, trails, paths and other recreational areas and other public areas.

2. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

3. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING - a formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter.

PUBLIC MEETING - a forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act,” 53 P.S. §271 et seq.

PUBLIC NOTICE - notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Township. 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 thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

PUBLIC RIGHT-OF-WAY or ROW - the surface of and space above and below any real property in the Township in which the Township has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase “in the public right(s)-of-way” means in, on, over, along, above and/or under the public right(s)-of-way.

PUBLIC UTILITY FACILITY - a building or structure and its equipment used for the transmission and exchange of telephone, radio, gas, power, sewer and water facilities.

QUARRY - any natural or excavated opening in the ground from which clay, gravel, slate, limestone, sandstone or other rocks or minerals or material are obtained by stripping, digging, blasting or other means, except for anthracite or bituminous coal stripping. “Blasting” shall mean the explosion of dynamite, black powder, fuse, blasting cap, detonators, electric squibs or other explosives as defined in the Regulation for Pits and Quarries, 1959 Edition, issued by the Commonwealth of Pennsylvania through the Department of Labor and Industry, as amended.

REAL ESTATE SIGN - a sign which is used to offer for sale, lease, or rent that premises upon which such sign is placed.

RECREATION, ACTIVE - leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.

RECREATION AREA - a place designed and equipped for conducting sports, leisure-time activities of a formal nature and other customary and usual recreational activities.

RECREATION, PASSIVE - any leisure time activity not considered active.

RECREATION VEHICLE PARK - see “trailer camp.”

REFUSE SITE - a lot or land or part thereof used primarily for disposal by sanitary land fill, burial, incineration or any other legal means of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

REGIONAL SHOPPING CENTER - one or more commercial establishments planned, constructed, and managed as a total entity containing at least 150,000 square feet of gross leasable space with provision for goods delivery separated from customer access and with customer and employee parking provided on a contiguous site situate in the C-1 Zoning District containing at least twenty-five (25) acres and located not more than one-half (1/2) mile (measured in a linear distance) from the right-of- way of an Interstate Highway or not more than one-half (1/2) mile from the end of a Federal Highway Administration approved exit ramp from an Interstate Highway.

REHABILITATION FACILITY - a licensed establishment with twenty-four (24) hour supervision whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, physical therapy, occupational therapy, speech pathology services, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.

REPAIR SERVICES - establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

REPLACEMENT - the replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

REPORT - any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rending a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESEARCH FACILITY - a facility to be used for (1) scientific, educational, genetic, biomedical, biologic, and/or medical research and development; (2) medical diagnostic testing; (3) creating, breeding or otherwise producing biologic organisms or materials for use in scientific, genetic, medical, biomedical, and/or educational research and testing; and (4) other investigations and research in the natural, physical, or social sciences. Up to twenty-five (25%) percent of the gross floor area in the primary structure of the research facility may be used for a pilot plant or demonstration purposes.

RESIDENTIAL CONVERSION - the transformation of a single-family unit into apartments without disturbing the architectural character of the house.

RESIDENTIAL DRUG, ALCOHOL AND/OR SUBSTANCE ABUSE TREATMENT FACILITY - facilities in which a combination of temporary housing, medically supervised subacute care, personal supportive services and counseling for individuals of all ages seeking rehabilitation for drug, alcohol and substance abuse reasons. Such facilities may include services for individuals requiring temporary skilled nursing services but will also include services focusing on mental health therapy.

RESORT - a business combining lodging accommodations for public guests, eating and recreation facilities for lodging guests and nonlodging guests as a single enterprise offered to the public at large or any segment thereof. Amenities may include conference centers, retail sales, spas, beauty salons, barber shops, restaurants, indoor and outdoor recreational facilities, health centers, day care centers, facilities for commercial special events, and employee living quarters.

RETAIL - the selling of goods, wares, or merchandise directly to the consumer or persons without a resale license.

RETIREMENT HOUSING COMMUNITY - a facility which has a primary purpose of providing housing and care for persons fifty-five (55) years of age and older or, where a unit has shared occupancy, at least one (1) person is at least fifty-five (55) years of age, and includes a combination of at least two (2) of the following uses: senior housing, nursing home or skilled nursing facility, assisted living facility, and/or customary accessory uses.

RIGHT-OF-WAY - refer to Township Subdivision Ordinance [Chapter 22].

ROAD - refer to Township Subdivision Ordinance [Chapter 22].

ROAD LINE - refer to Township Subdivision Ordinance [Chapter 22].

ROOF SIGN - a sign in whole or in part upon, against, or directly above the parapet line or roof of the building.

ROOMING OR LODGING HOUSE - a dwelling in which the owner or tenant rents at least one (1) but not more than six (6) rooms, but does not furnish meals.

SANITARIUM - see “hospital.”

SENIOR HOUSING - independent living dwelling projects restricted to occupancy by persons living in households headed by individuals of fifty-five (55) years or more in age, including non-medical supportive services and meals offered for purchase on an as needed or as desired basis.

[Ord. 192]

SERVICE STATION - building and lots where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A service station is not a major repair garage nor a body shop.

SETBACK - a distance measured from a property lot line, or road right-of-way where the lot line extends to the center of a road, inward.

SETBACK, FRONT YARD - a line parallel to the front lot line at a distance therefrom equal to the depth of the minimum front yard required under the Schedule of District Regulations for the applicable zoning district.

SETBACK, SIDE YARD - a line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard required under the Schedule of District Regulations for the applicable zoning district.

SETBACK, REAR YARD - A line parallel to the rear lot line at a distance from the rear lot line equal to the depth of the minimum rear yard required under the Schedule of District Regulations for the applicable zoning district.

SHOOTING RANGE - the use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, or temporary competitions.

SHOPPING CENTER - a group of retail and other commercial establishments that is planned, owned, and managed as a single property.

SHORT STAY MEDICAL CENTER - an in-patient or out-patient elective surgery and/or medical or dental treatment facility, not providing emergency trauma cares services, and having not more than ten (10) beds for in-patient care, at which the average length of in-patient stay does not exceed ninety-six (96) consecutive hours. Moreover, this facility will not house the criminally insane; it will not be a drug, alcohol or substance abuse rehabilitation center or “halfway house”; and, it will not provide treatment to a person serving a criminal sentence after being convicted of a felony.

[Ord. 197]

SHORT TERM RENTAL - a dwelling in which the owner rents any area of the dwelling to one (1) (or more) individuals for compensation or fee of any type (whether or not involving overnight accommodations or separate sleeping quarters) for less than thirty (30) consecutive days. This definition applies to all types of residential dwellings including (but not limited to) single-family residential, multi-family residential and residential properties commonly considered as seasonal homes, vacation homes or tourist homes.

SIGN - any identification, description, illustration, advertisement, or device illuminated or non-illuminated which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.

SIGN AREA - the area of sign face; computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display; together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall otherwise meeting zoning requirements incidental to the display itself. Sign area for a sign or sign structure with more than one face shall be computed by adding together the area of all sign faces visible from any one (1) point.

SIGHT TRIANGLE - a triangular-shaped portion of land established at street intersections in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SKY GLOW - light that is unnecessarily directed upward and is scattered by the atmosphere, rather than being focused directly on the target area.

SLOPE (MODERATELY STEEP) - land areas having a grade of between fifteen (15%) percent and twenty-five (25%) percent as measured over a distance having a minimum change in vertical elevation of ten (10) feet based on topographic mapping.

SLOPE (VERY STEEP) - land areas having a grade of twenty-five (25%) percent or greater as measured over a distance having a minimum change in vertical elevation of ten (10) feet based on topographic mapping.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF) - a wireless communications facility that meets the following criteria:

1. The structure on which antenna facilities are mounted:

a. Is fifty (50) feet or less in height, or

b. Is no more than ten (10%) percent taller than other adjacent structures, or

c. Is not extended to a height of more than fifty (50) feet or by more than ten (10%) percent above its preexisting height as a result of the collocation of new antenna facilities; and

2. Each antenna associated with the deployment (excluding the associated equipment) is no more than three (3) cubic feet in volume; and

3. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than twenty-eight (28) cubic feet in volume; and

4. The facilities do not require antenna structure registration under 47 CFR Part 17; and

5. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SOIL SURVEY - a scientific survey of soil conditions and characteristics, prepared by an engineer or soil scientist and approved or certified by the Soil Conservation Service in the County.

SPECIAL EXCEPTION - a use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§10601 et seq., 10901 et seq.

SPECIALTY HOSPITAL - a hospital that is primarily or exclusively engaged in the care and treatment of patients with a cardiac condition, orthopedic condition, a condition requiring a surgical procedure and any other specialized category of services designated by the Secretary of Health and Human Services. Specialty hospitals are not required to provide the following: surgical services; anesthesia services; nuclear medicine services; outpatient services; rehabilitation services; psychiatric services; obstetrical and newborn services; pediatric services or emergency services.

[Ord. 192]

STABLE - a structure or land use in or on which equines are kept for sale or hire to the public. Breeding, boarding, or training of equines may also be conducted.

STEALTH TECHNOLOGY - camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

STORY - the portion of a building which is between one (1) floor level and the next higher floor level or roof. If a mezzanine or balcony floor area exceeds one third (1/3) of the area of the floor it is open to, it shall be considered a story. Floor levels meeting the definition of “basement,” shall not be considered stories.

1. STORY, HALF - a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story; provided, however, that any partial story used for residential purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.

STREET - includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

STRUCTURE - any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STRUCTURAL ALTERATION - any change in the supporting members of a building, such as beams, columns, or girders.

SUBDIVIDER - refer to Township Subdivision Ordinance [Chapter 22].

SUBDIVISION - the division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIALLY CHANGED OR SUBSTANTIAL CHANGE - a modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria:

1. For communication towers outside the public rights-of-way, it increases the height of the facility by more than ten (10%) percent, or by the height of one (1) additional antenna array with separation from the nearest existing antenna, not to exceed twenty (20) feet, whichever is greater; for communications towers in the rights-of-way, it increases the height of the facility by more than ten (10%) percent or ten (10) feet, whichever is greater;

2. For communications towers outside the public rights-of-way, it protrudes from the edge of the tower by more than twenty (20) feet, or more than the width of the tower structures at the level of the appurtenance, whichever is greater; for those communications towers in the public rights-of-way, it protrudes from the edge of the structure by more than six (6) feet;

3. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets;

4. It entails any excavation of deployment outside the current site of the communications tower; or

5. It does not comply with conditions associated with prior approval of construction or modification of the communications tower unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.

SUBSTANTIALLY COMPLETED - where in the judgment of the Township Engineer, at least ninety (90%) percent (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this Chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SUPERVISORS - the Township Board of Supervisors.

TECHNICAL SCHOOL - a specialized instructional establishment owned and operated privately for profit.

TELECOMMUNICATIONS EQUIPMENT BUILDING - an unmanned building or cabinet containing communications equipment required for the operation of telecommunications antennas and covering an area on the ground not greater than two hundred fifty (250) square feet.

TELECOMMUNICATIONS SIGNAL SITE - a tract or parcel of land that contains a telecommunications antenna as the principal use, its support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to telecommunications signal transmission or processing.

TEMPORARY SIGN - a non-permanent sign erected, affixed, or maintained on a premises for a short, usually fixed, period of time.

TIME-SHARING - mutual ownership of real estate for lawful purposes by more than one (1) party with the understanding that the occupancy will be proportionately divided among the investors.

TOWER - a self-supporting lattice tower, guy tower, monopole, or any other pole, that is constructed primarily to support an antenna for receiving and/or transmitting a wireless signal.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF) - a tower and its supporting antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. Distributed antenna system hub facilities are considered to be tower-based WCFs.

TOWNSHIP - the Township of Smithfield, Monroe County, Commonwealth of Pennsylvania.

TOWNSHIP DEVELOPMENT PLAN - a Comprehensive Plan prepared by the Township Planning Commission pursuant to Article III of the Pennsylvania Municipalities Planning Code, 53 P.S. §10301 et seq., which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Township, and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof.

TRAILER CAMP - any lot, parcel or tract of land at least ten (10) acres in size, upon which two (2) or more tents, camping trailers, travel trailers, pickup coaches, motor homes or any combination thereof are located or parked for occupancy. Such camp shall not rent or sell tents or trailers or permit the parking or storage of occupied or unoccupied mobile homes, nor shall it include any eating facilities other than an enclosed snack or lunch counter. This definition does not include camps of the types that are commonly known as “summer camps,” or State and Federally operated facilities.

TRANSIENT - not lasting, enduring or permanent; transitory and lasting only a short time.

TRAVEL TRAILER - refer to Township Subdivision Ordinance [Chapter 22].

TRUCK TERMINAL - a facility, structure, establishment, business, or location, designed, planned, used or operated for the storage, fueling, servicing, repairing, cleaning and maintenance of motor vehicles designed for carrying freight or merchandise including “commercial motor vehicles,” “tractors,” “trailers,” “truck tractors,” as defined in the Vehicle Code of the Commonwealth of Pennsylvania, Act of June 17, 1976, P.L. 162, No. 81, as amended, 75 Pa.C.S. §101 et seq., except the same shall not include the storage, fueling, servicing, repairing, cleaning and maintenance of school busses under contract with or owned by any school district, private school or parochial school in the Commonwealth of Pennsylvania and used for the transportation of school children. The term “truck terminal” shall not include a motor vehicle service facility commonly known as a service station or gas station having a building or service station of not more than five thousand (5,000) square feet, excluding canopies, dispensing or selling gasoline or diesel fuel from not more than four (4) islands consisting of not more than three (3) dual pumps per each island, and having on- site storage facilities for gasoline of not more than forty thousand (40,000) gallons and of diesel fuel of not more than twenty thousand (20,000) gallons.

USE - the purpose for which land or a building is arranged, or intended or for which either land or a building is or may be occupied or maintained.

VARIANCE - relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.

WAREHOUSE - a building used primarily for the storage of equipment, goods and materials.

WALL SIGN - a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, and that does not project more than twelve (12) inches from such building or structure.

WARNING SIGN - a sign containing no advertising material, warning the public of the existence of danger.

WATER SURVEY - an inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township.

WETLANDS - those areas that are inundated and saturated by surface 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 saturated soil conditions.

WETLANDS MARGIN - that area which extends seventy-five (75) feet from the wetland boundary or to the limit of the hydric soils, whichever is greater.

WILDLIFE REFUGE - an area maintained in a natural state for the preservation of both animal and plant life.

WINDOW SIGN - a sign attached to, placed upon, or painted on the interior of a window or door of a building which is intended for viewing from the exterior of such building.

WIRELESS - transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF) - the antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT) - any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Township owned land or property.

YARD, FRONT - an open space extending the full width of the lot between the principal building and the front lot line, or the principal building and the road right-of-way where lot lines extend to the center of a road.

YARD, REAR - an open space extending the full width of the lot between the principal building and the rear lot line.

YARD, SIDE - an open space extending from the front yard to the rear yard between the principal building and the nearest side lot line.

ZONING OFFICER - the Township Supervisors’ duly appointed agent empowered, authorized or charged with the duty to inspect buildings or to enforce zoning and other regulations relating to building and property. (Ord. 187, 4/18/2008, §4; as amended by Ord. 188, 5/27/2008, §5; by Ord. 192, 11/20/2008, §§1Y–1AA; by Ord. 197, 9/14/2010, §I; by Ord. 206, 4/10/2012, §I; by Ord. 221, 7/14/2015, Part 3; by Ord. 225, 12/13/2016, §§2 – 4; by Ord. 226, 7/12/2016, §5; by Ord. 231, 6/22/2021, §1; by Ord. 234, 3/18/2020, §§2, 3; by Ord. 236, 6/30/2020, §2; by Ord. 237, 7/28/2020, §§44–46; and by Ord. 238, 9/9/2020, §2 (Exh. A))