Borough of Mount Pocono

ABANDONED OR JUNKED VEHICLE

Any unregistered, unlicensed or abandoned automobile, truck, trailer, motorcycle, bus, farm machinery, or other motor vehicle which is partially dismantled, or wrecked or junked, or held or stored for scrap or for salvage. "Junk vehicle" shall not mean any motor vehicle classified as an antique motor vehicle by the Motor Vehicle Code of the State of Pennsylvania (75 Pa.C.S.A. § 101 et seq.).

ABANDONED SIGN

A sign located on a property which is vacant and/or unoccupied for a period of 90 days; a sign which is damaged, in disrepair, or vandalized and not repaired within 90 days; and a sign which contains an outdated message for a period exceeding 30 days.

ACCESS DRIVE, PRIVATE

A type of drive permitted by Chapter 187, Subdivision and Land Development, to serve a residential lot which does not have frontage on a public or approved private road.

ACCESS POINT

One combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include access ways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.

ADDITION

An extension or increase in floor area or height of a building or structure. See also "alteration" and "repair."

ADJUSTED TRACT ACREAGE (ATA)

The tract area remaining when the specified constrained land has been deducted from the gross tract acreage; ATA is used to calculate both density and open space.

ADULT CARE FACILITY

See "nursing home."

A-FRAME OR SANDWICH BOARD SIGN

A movable sign consisting of two faces connected and hinged at the top.

AFTER HOURS CLUB

A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.

AGENT

Any person other than the owner who, acting for the owner, submits an application for the purpose of obtaining approval in accordance with this chapter.

AGRICULTURAL USE

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged in by farmers or are consistent with technological development within the agricultural industry. It includes necessary structures within the limits of the parcel and the storage of equipment necessary for production. It excludes agricultural products processing operations; riding academies, livery or boarding stables and dog or other animal kennels.

AGRITOURISM

Any activity carried out on a working agricultural operation, such as a farm, orchard or vineyard, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities directly related to or part of the agricultural operation, including farming, wineries, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

AIRCRAFT

Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air.

AIRPORT

A tract of land, with or without buildings, where airplanes, jets, helicopters and/or any other type of aircraft land and take off.

AIRPORT

Pocono Mountains Municipal Airport. Any area of land or water which is used, or intended to be used, for the landing and takeoff or aircraft up to but not to include stage one jets and appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon.

AIRPORT ELEVATION

1,916 feet; the highest point of an airport's usable landing area measured in feet above sea level.

AIRPORT HAZARD

Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined by "airport hazard" in 74 Pa.C.S.A. § 5102.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this article and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).

ALLEY

A right-of-way, privately or publicly owned, primarily for service access to the rears or sides of properties.

ALTERATION

Any construction or renovation to an existing structure other than a repair or an addition. See also "addition" and "repair."

AMENITY IDENTIFICATION SIGN

A sign which directs attention to a resort/community, commodity, service, recreational area or other amenity.

ANIMAL SHELTER

A facility used to house or contain stray, homeless, abandoned or unwanted pets and that is owned operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare protection, and humane treatment of animals.

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ANTENNA, STANDARD

A device, partially or wholly exterior to a building, that is used for sending or receiving electromagnetic waves, such as television or radio signals, for use on site, or for transmitting short-wave or citizens' band radio signals.

APARTMENT

See "dwelling."

APPLICANT

An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit, and his/her/its heirs, successors and assigns, which is seeking an approval or permit pursuant to this chapter.

APPLICATION

Any application required to be filed for approval in accord with the requirements of this chapter.

APPROACH SURFACE (ZONE)

An imaginary surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1, is derived from the approach surface.

ARCHERY RANGE, INDOOR COMMERCIAL

Any area within a fully enclosed building, used for the shooting of arrows for recreational or training purposes, which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association. Considered a "recreation facility, commercial" for regulation by this chapter.

ARCHERY RANGE, OUTDOOR COMMERCIAL

Any area not within a fully enclosed building, used for the shooting of arrows for recreational or training purposes, which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association.

ART STUDIO

An establishment or work space for the creation, manufacture, and/or preparation of individually crafted art work, jewelry, furniture, sculpture, pottery, art photography, leather craft, hand-woven articles, and related items; it may also include the sale, loan, or display of such items.

ASSISTED LIVING FACILITY

Residences that provide rooms, meals, personal care, and supervision of prescribed medication and which may provide other services, such as recreational activities, financial services, and transportation, and which is licensed as an assisted living facility by the Commonwealth of Pennsylvania.

ATTIC

Non-living space in or above a dwelling, unheated, with head space of less than 6.5 feet.

AUCTION HOUSE

A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

AWNING or CANOPY

An overhanging projection or covering, usually supported on poles, and made of canvas, fabric, plastic or other materials.

AWNING SIGN

A sign with its copy on a shelter made of any nonrigid material, such as fabric or flexible plastic, that is supported by or stretched over a frame and attached to an exterior wall of a building or other structure.

BANNER SIGN

A sign with its copy on nonrigid material, such as cloth, plastic, fabric or paper. with no supporting framework.

BASE FLOOD

A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood"). See Identification of Floodplain section.

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

BASEMENT

An enclosed floor area partly or wholly below the finished grade with at least 1/2 of its floor to finished height above the average level of the adjoining finished grade, and with a floor-to-ceiling height of not less than 6 1/2 feet. A basement shall be counted as a story for the purpose of the building height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling occupancy or storage purposes and not solely for heating, mechanical and similar equipment. See "cellar."

BASEMENT

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

BILLIARD HALL

An establishment with the principal use of playing cue sports, such as pool, snooker or carom billiards.

BITUMINOUS CONCRETE BATCH PLANT

An operation which combines asphalt or bituminous materials and aggregates and heat to manufacture a bituminous seal coat or bituminous concrete product. Considered mineral processing for the purposes of this chapter.

BLOCK

A tract of land, a lot or groups of lots, bounded by streets, public parks, watercourses, municipal boundary lines, unsubdivided land or by any combination of the above.

BOROUGH

The Borough of Mount Pocono, Monroe County, Pennsylvania.

BOROUGH COUNCIL or COUNCIL

The Borough Council of the Borough of Mount Pocono, Monroe County, Pennsylvania.

BREW PUB

A restaurant or tavern, as defined herein, that includes as an accessory use the brewing of malt beverages of alcoholic and/or nonalcoholic content which produces less than 15,000 gallons of malt beverages per year. (See also "microbrewery.")

BREWERY

A facility for the production and packaging of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, and which produces 15,000 gallons or more of malt beverages per year. Considered agricultural products processing for the purposes of this chapter. (See also "microbrewery.")

BUFFER

A strip of land with fencing, dense vegetative planting, additional setback distances, berms or a combination thereof that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways or improvements, which is used to provide separation between incompatible uses to effect a visual barrier, block physical passage between uses, and reduce noise, dust and litter.

BUFFER, WATER QUALITY

The area of land immediately adjacent to any wetland, lake, pond, vernal pond, or stream, measured perpendicular to and horizontally from the delineated edge of the wetland, lake, pond, or vernal pond, or the top-of-bank on both sides of a stream, to provide separation from an intensive land use area (e.g., subdivision, farm) and minimize sediment and other pollutant loading; also referred to as "filter strips," "vegetated filter strips," "and grassed buffers."

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING COVERAGE

The percentage of the area of the lot covered or occupied by the total horizontal projected surface area of all buildings on the lot and including accessory buildings and structures, including covered porches, carports and breeze ways, but excluding open and uncovered patios and decks.

BUILDING ENVELOPE

An area on a lot or development parcel which has been designated as the area in which development may occur. Building envelopes are identified by building setbacks, conservation areas, site conditions and other factors, and shall be specifically designated on the development plan and established by deed covenants and restrictions.

BUILDING FOOTPRINT

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

BUILDING HEIGHT

The average vertical distance from finished grade at the front and rear of the building to the top of the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs, not including chimneys, spires, elevator shaft extensions, mechanical appurtenances, and similar projections.

BUILDING PERMIT OR CONSTRUCTION PERMIT

See "Permit"

BUILDING, ATTACHED

A building which has one or more walls or portions thereof in common with an adjacent building.

BUILDING, DETACHED

A building surrounded by open space on all sides within the same lot.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BULLETIN BOARD

A particular type of changeable copy sign that displays copy in a casement made of glass, Plexiglas or other materials.

BUS SHELTER

Any shed-like structure, usually open on one or more sides, located along the regular route of a public bus, van. or other vehicle, including an official school bus, whose purpose is to provide temporary shelter for the users of the vehicle while they are waiting.

BUSINESS OFFICE

A use comprised primarily of administrative and clerical services and involving no retail trade, lodging, warehousing or manufacturing. Such uses include, but are not limited to, financial services, legal services, travel agencies, insurance agencies, corporate offices and other similar uses.

BUSINESS SERVICES

Establishments primarily engaged in rendering services to businesses, including such activities as advertising and mailing, credit reporting and collection, duplicating, mailing, telemarketing, stenographic services, employment services, research and development and other similar services.

BUSINESS/COMMERCIAL USE

An enterprise, exchange of money, contract, occupation, trade or profession undertaken, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of a business or the rendering or receiving of professional or personal service.

CAMP/RETREAT

A parcel or parcels of land with lodging facilities where transient clientele participate in organized recreation, receive instruction or training, or are afforded peace, quiet, privacy or security.

CANDELA

Unit of luminous intensity, describing the intensity of a light source in a specific direction.

CANDELA DISTRIBUTION

A curve, often on polar coordinates, illustrating the variation of luminous intensity of a lamp or luminaire in a plane through the light center.

CANDLEPOWER

Luminous intensity expressed in candelas. A measure of luminous intensity of a light source in a specific direction, measured in candelas.

CANOPY or AWNING

An overhanging projection or covering, usually supported on poles, and made of canvas, fabric, plastic or other materials.

CANOPY SIGN

A sign on a rigid multisided structure attached to a building or on any other freestanding structure that may have a roof with support but no walls.

CARTWAY

The portion of a street right-of-way paved or unpaved intended for vehicular use, including the travel way and shoulders.

CELLAR

An enclosed floor area partly or wholly below the finished grade with at least one-half of its floor-to-finished height below the average level of the adjoining finished grade, or with a floor-to-ceiling height of less than 6 1/2 feet. See "basement."

CERTIFICATE OF USE/OCCUPANCY

A document issued by the Borough stating that a newly constructed or altered building, structure, and/or use complies with this chapter and the Uniform Construction Code and may be lawfully used.

CHANGE OF USE

Any conversion of a use from one use as regulated by this chapter to a different regulated use.

CHANGEABLE SIGN

A sign that is designed so that its characters, letters, illustrations or other content can be changed, altered or rearranged without physically altering the permanent physical face or surface of the sign. (See §§ 215-83B and 215-83C for prohibition of animated and moving signs and flashing and message signs.

CHARGING STATION

The physical device that provides a connection from a power source to an electric vehicle.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by the right-of-way lines of the streets and by a line of sight between points on the street right-of-way lines at a given distance from the intersection of the right-of-way lines.

COMMERCIAL COMMUNICATION DEVICE SUPPORT STRUCTURE

Any pole, telescoping mast, tower, tripod, or any other structure which supports a commercial communication device.

COMMERCIAL COMMUNICATION DEVICE SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of the support structure at average grade to the highest point of the structure, including antennas.

COMMISSION

The Planning Commission of the Borough of Mount Pocono, Monroe County, Pennsylvania.

COMMON AREA

All of the real property and improvements dedicated for the common use and enjoyment of the residents of a particular development, including, but not limited to, open land, development improvements, common facilities, and recreation area.

COMMON FACILITIES

Improvements in a development that are not required by the Borough but have been constructed as part of a development for the common use and enjoyment of the residents of that development, including, but not limited to, community centers, recreation buildings and structures, and administrative and maintenance buildings.

COMMUNITY ASSOCIATION

See "property owners' association."

COMPREHENSIVE PLAN

The Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan, including all maps, charts and textual matter.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)

Any livestock operation which is defined as a concentrated animal feeding operation by the regulations adopted by the Commonwealth of Pennsylvania.

CONCRETE BATCH PLANT

A facility in which materials (portland cement, aggregates, water, admixtures) are combined by a central mixer to produce concrete for transportation to and use at another site, and shall include customary accessory uses, including offices, maintenance and storage garages, material storage facilities, equipment and truck storage areas, scales, conveyors, water storage and heating facilities, stormwater management, sediment basins, concrete recycling/reclamation equipment and other uses customarily necessary to produce, sell and transport mixed concrete. Considered mineral processing for regulation by this chapter.

CONDITIONAL USE

A use in a particular zoning district to be allowed or denied by the Borough Council pursuant to public notice and hearing and recommendation of the Borough Planning Commission as authorized by § 603(c)(2) of the Municipalities Planning Code.

CONDOMINIUM

A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

CONFERENCE CENTER

A facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center, and retail stores and services primarily for conference center guests.

CONICAL SURFACE (ZONE)

An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.

CONSERVATION AREA, PRIMARY

Those areas of a development tract which are comprised of environmentally sensitive lands on which development is minimized.

CONSERVATION AREA, SECONDARY

Those areas of a development tract which are somewhat less sensitive than primary conservation areas and which may be critical to the effect the development will have on both the natural environment and the character of the community.

CONSERVATION DESIGN SUBDIVISION

A subdivision designed at the regulated dwelling unit density where individual lots are reduced in size, important natural resources are conserved, and the resultant open space is preserved in perpetuity.

CONSERVATION EASEMENT

A right or interest in land granted primarily for the preservation of the land in its undeveloped state but which may allow limited development (e.g., a residential structure) and other compatible uses, such as agriculture and forestry.

CONSTRUCTION

The erection, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

CONSTRUCTION SIGN

A temporary sign identifying individuals or companies involved in design, construction, wrecking, financing or development work, when placed upon the premises where that work is underway but only for the duration of the work.

CONVENTIONAL DESIGN SUBDIVISION

A subdivision designed at the dwelling unit density specified in this chapter where individual lot reduction is not permitted.

CORRAL

An enclosure for confining livestock and which is typically attached to or situated in close proximity to a stable or barn as contrasted to a pasture.

COUNTY

The County of Monroe, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Planning Commission of Monroe County, Pennsylvania.

COVERAGE, LOT

See "lot coverage."

CRAWL SPACE

An enclosed portion of a building or an open pier area not exceeding six feet in height from floor to ceiling, located below the first occupied floor of a building and not used for business or dwelling purposes. A crawl space shall not be counted as a story for the purpose of building height measurement or determining the gross floor area of a building.

CRUSHER PLANT

An operation which processes minerals or other materials and crushes them to various sizes for the purpose of resale or use. Considered mineral processing for regulation by this chapter.

CULTURAL CENTER

A public or nonprofit operated building open to the public which contains exhibits of a cultural interest, such as a museum, art gallery, nature center, library, etc. Considered a public or semi-public facility or use for regulation by this chapter.

CUTOFF

A light distribution where a negligible amount of light is permitted at a horizontal plane located at the bottom of a luminaire. Light above the horizontal plane at the bottom of a luminaire is not limited, but cutoff luminaires usually have very little light above the luminaire.

CUTOFF ANGLE OF A LUMINAIRE

The angle, measured up from the nadir (i.e., straight down), between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible.

DECISION

A final adjudication of any board or other body granted jurisdiction under this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to a court of competent jurisdiction.

DECK

An attached or unattached platform structure elevated more than six inches and constructed with no walls and with no roof.

DENSITY

The total number of dwelling units per unit of land.

DEP

The Pennsylvania Department of Environmental Protection.

DEPARTMENT

Pennsylvania Department of Transportation.

DETACHED BUILDING

See "building, detached."

DETACHED STRUCTURE

See "structure, detached."

DETERMINATION

Final action by an officer, body or agency charged with the administration of this chapter or applications hereunder, which has that authority as stated in various parts of this chapter. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.

DEVELOPER

Any landowner or agent thereof, or tenant or equitable owner under an agreement of sale having the permission of the landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.

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 the 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.

DEVELOPMENT IMPROVEMENTS

All the physical additions and changes to a tract and the constructed facilities necessary and/or required by the municipality to produce a usable and functional development, including, but not limited to, roads, parking areas, stormwater controls and drainage easements, landscaped areas, utilities, and water supplies and sewage disposal systems.

DEVELOPMENT PLAN

A proposed development plan, prepared in accordance with this chapter and Chapter 187, Subdivision and Land Development, including a plat of the subject parcel and any subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, parking facilities, common open spaces, and public facilities.

DEVELOPMENT SALES OFFICE

Any structure erected within the confines of a subdivision for use by the owner or developer of the subdivision as an office on a short-term basis for the promotion of sales of real estate exclusively within the confines of the subdivision, with ultimate use of the structure in conformance with the standards applicable in the district in which the structure is located.

DIRECTIONAL/INFORMATIONAL SIGN

An on-premises sign for the convenience of the public, giving directions, instructions, facility information or other assistance around a site, such as location of exits, entrances, parking lots, amenities and housing units, to encourage proper circulation. It may contain the logo of an enterprise but no other advertising copy.

DIRECTORY SIGN

A sign that displays the names and/or addresses of the establishments, housing units, amenities or uses of a building or group of buildings.

DISTRIBUTION CENTER/TRUCK TERMINAL

An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle. Breakdown of large orders from a single source into smaller orders and consolidation of several orders into one large one for distribution to several recipients and vice versa are often part of the operation. The operation may include the storage or parking of trucks awaiting cargo as well as facilities for servicing of trucks. Storage facilities, such as warehouses, incidental to the principal use may also be part of the operation. Retail sales, manufacturing and assembly, or product processing, are not considered part of a distribution center/truck terminal.

DISTRICT (or ZONE or ZONING DISTRICT)

A designated land area in the Borough within which certain uniform regulations and requirements apply under the provisions of this chapter.

DOMESTIC VIOLENCE SHELTER

A residential use providing food, shelter, medical care, legal assistance, personal guidance, or other services to persons who have been victims of domestic violence, including any children of such victims, and who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

DRIVE-IN STAND/USE

An establishment that, by design, physical facilities, service, or packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

DRIVE-IN THEATER

See "theater, drive-in."

DRIVEWAY

A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage or legal access on the said road.

DUMP

See "landfill" and "solid waste facility."

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DWELLING

A structure or portion thereof which is used exclusively for human habitation.

DWELLING IN CONJUNCTION WITH A NONRESIDENTIAL USE

A dwelling unit in conjunction with a nonresidential use.

DWELLING UNIT

One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. Any part of a dwelling structure which is not connected with full unrestricted access to all other parts of the dwelling structure is considered a separate dwelling unit.

DWELLING, APARTMENT UNIT

One or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit in a building containing three or more dwelling units.

DWELLING, SINGLE-FAMILY, LOT LINE

A single-family, detached dwelling on an individual lot, with the building set on, or close to, one side property line, so that the lot essentially has only one side setback. This side setback and the rear setback constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed in the building wall that is on the lot line. If the building is set on the lot line, a five-foot easement is provided on the adjacent property along the lot line for necessary access and maintenance of the building wall.

DWELLING, SINGLE-FAMILY, SEMIDETACHED

A single-family dwelling unit that is attached to one other single-family dwelling unit by a common vertical wall with each dwelling located on a separate lot

EARTH DISTURBANCE ACTIVITY

Any activity, including, but not limited to, construction, mining, farming, timber harvesting and grubbing, which alters, disturbs and exposes the existing land surface.

EASEMENT

A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

EMPLOYEE

Including, but not limited to, full or part-time workers, volunteers, proprietors and all professionals.

ENCROACHMENT

Construction of any building, structure or any obstruction or illegal or unauthorized intrusion within the boundaries of any adjacent land, right-of-way street, setback, watercourse or public or reserved ground shown or laid out on any official map, Borough approved plot plan or in violation of any provision of set forth in this chapter.

ENGINEER, BOROUGH

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer of the Borough.

ERECT

To build, construct, alter, repair, display, relocate, attach, hang, place, suspend or affix to any building or structure.

EXOTIC ANIMAL

See "Wild or exotic animal"

FAA

Federal Aviation Administration of the United States Department of Transportation.

FACADE

Any structure or part of a structure attached to, or otherwise mounted parallel to, a wall or other vertical part of the structure.

FAMILY

A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:
A. Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship resulting in one of the following relationships: husband, wife, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, nephew, niece, sister-in-law, brother-in-law, father-in-law, mother-in-law or first cousin;
B. Three unrelated people;
C. Two unrelated people and any children related to either of them;
D. Not more than eight people who are residents of a group home meeting the requirements of § 215-26; or
E. Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a functional family) pursuant to § 215-26.1.
F. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization;
G. Any group of individuals whose association is temporary or seasonal in nature; and
H. Any group of individuals who are in a group living arrangement as a result of criminal offenses.

FARM STAND

A booth or stall on a farm, nursery or greenhouse and from which produce and farm products grown on the premises are sold to the general public.

FARMERS' MARKET

The seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and similar nonanimal agricultural products, occurring in a predesignated area, where the vendors are individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

FENCE or WALL

Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land or to be used as a means of protection or confinement; also, a structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property. The term wall does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs.

FLASHING SIGN

Any sign that has intermittent or changing lighting or illumination of a duration less than 30 seconds shall be deemed a flashing sign.

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP

The official map on which the Federal Emergency Management Agency has delineated both the areas of special hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

FLOOD, FLOODPLAIN and RELATED DEFINITIONS

See § 215-38C and the Borough's Floodplain Ordinance.

FLOODLIGHT

A fixture designed to "flood" a well-defined area with light.

FLOODPLAIN AREA

Any area of the Borough, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated May 2, 2013, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR AREA or FLOOR AREA, GROSS

The sum of the total horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, any space where the floor-to-ceiling height is less than six feet, elevator shafts, common stairwells in an apartment building, and unenclosed porches, decks and breezeways.

FOOTCANDLE

A unit of illuminance. The English measurement unit of illuminance (or light level) on a surface. One lumen is equal to one footcandle per square foot. A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, aka footcandle or light meter. One footcandle is equal to 10.76 lux, and one lux is equal to 0.093 footcandles.

FRATERNITY OR SORORITY HOUSE

A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an institution of higher learning. Considered group quarters for regulation by this chapter.

FREESTANDING SIGN

The general term for any sign that is permanently affixed to the ground and on a foundation. It is supported on a foundation by one or more upright poles or braces and is not attached to a building or any other structure.

FRONTAGE

See "lot frontage."

FULL CUTOFF

A light distribution where no light is permitted at or above a horizontal plane located at the bottom of a luminaire. There will be little or no light at the angles that are usually associated with glare.

FULLY SHIELDED LIGHT FIXTURE

A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizon.

FUNCTIONAL FAMILY

See "family" and § 215-26.1.

FUR BEARING ANIMAL

Animals raised or trapped in the wild for their pelts, such as mink, sable, and ermine.

GARAGE SALE

See "yard sale."

GARAGE, MUNICIPAL

A structure owned or operated by a municipality and used primarily for the parking, storage and maintenance of municipal vehicles.

GARAGE, PRIVATE CUSTOMER AND EMPLOYEE

A structure that is accessory to an institutional, commercial, or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public.

GARAGE, PUBLIC PARKING

A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

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GARDEN CENTER, RETAIL

A retail establishment engaged in the sale of ornamental trees, shrubs and plants and supplies for gardening and landscaping.

GAZEBO

An unenclosed or partially enclosed, detached, covered accessory structure primarily used for recreation or socializing.

GLARE

Light that hinders or bothers the human eye. The sensation produced by luminances 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 or visibility. The degree of glare is described as follows: (a) BLINDING GLARE – Glare that is so intense that for an appreciable length of time after it has been removed, no object can be seen. (b) DIRECT GLARE – Glare resulting from high luminances or insufficiently shielded light sources in the field of view. (c) DISABILITY GLARE – The effects of stray light in the eye whereby visibility and visual performance is significant enough to keep a person from seeing adequately. (d) DISCOMFORT GLARE – Glare that produces discomfort. It does not necessarily interfere with visual performance or visibility. (e) REFLECTED GLARE – Glare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.

GOLF COURSE

A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses and shag ranges; but does not include miniature golf courses or golf driving ranges.

GOLF COURSE, MINIATURE

A novelty version of golf played with a putter and golf ball on a miniature course, typically with artificial playing surfaces, and including obstacles such as bridges and tunnels. Considered a recreation facility, commercial, for regulation by this chapter.

GOLF DRIVING RANGE

A facility arranged with golf tees and used for longer range play of golf balls where balls are supplied for a fee. It may also include a putting green. Considered a recreation facility, commercial, for regulation by this chapter.

GRADE

A. The average finished ground elevation adjoining a building; or
B. The degree of inclination of a slope, road, or other surface.

GRADE, FINISHED

The final elevation of the average ground level adjoining a building at all exterior walls after development.

GRADE, NATURAL

The elevation of the ground level in its natural state before construction, filling, or excavation.

GRAIN STORAGE, DISTRIBUTION, PROCESSING AND MILLING OPERATIONS

A facility, including necessary structures, where grain is received and stored on site until it is prepared for reshipment or is prepared for use as an ingredient in other products, and is then shipped to other manufactures. Considered agricultural products processing for regulation by this chapter.

GROSS SURFACE AREA

The entire area within a single continuous perimeter composed of a single face enclosing the extreme limits of characters, lettering, illustrations, ornamentation or other figures, together with any other material, design or color forming an integral part of the display, including the frame.

GROUP HOME, INSTITUTIONAL

A use that would otherwise meet the definition of "group home," but which includes more than the permitted number of residents specified by this chapter.

GUARD SHACK

An accessory building or structure, together with any associated gates and related equipment, which is designed, occupied and operated for the purpose of controlling vehicular access.

HALFWAY HOUSE

A transitional facility for individuals after release from an institution (as for mental disorder, drug addiction, or criminal activity) that is designed to facilitate their readjustment to private life.

HEARING

An administrative proceeding conducted by the Planning Commission, governing body, or Zoning Hearing Board pursuant the requirements of this chapter.

HEIGHT

For the purpose of determining the heights limits in all zones set forth in this article and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

HELISTOP

A heliport without auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment, limited to a maximum total of 15 flights or takeoffs in any seven-day period (in addition to flights necessary for emergency medical purposes) and that is not available for use by the general public.

HOMELESS SHELTER

A government or nonprofit corporation facility providing temporary housing to indigent, needy or homeless persons.

HOMEOWNERS' ASSOCIATION

See "property owners' association."

HORIZONTAL SURFACE (ZONE)

An imaginary plane of 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown in Figure 1, is derived from the horizontal surface.

HORSE

Any animal of the horse family or resembling a horse including, but not limited to, horses, ponies, mules and donkeys.

HOSPITAL

An institution or establishment providing primary health services and medical or surgical care to persons, primarily inpatients, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities training facilities, medical offices, or staff residences. Considered a health facility for regulation by this chapter.

HOUSING AND COMMUNITY UNIT IDENTIFICATION SIGN

A sign within a commercial resort community or common interest realty community (e.g., condo, co-op or planned community) identifying individual units as well as groupings of units within the community.

ILLEGAL SIGN

A sign that does not meet the requirements of this chapter or which is not a registered nonconforming sign. This specifically includes a sign that remains standing when the time limits set by the permit are exceeded and any sign not removed after notification from the Borough's Zoning Officer to remove the sign.

ILLUMINANCE

The quantity of light measured in footcandles or lux. A term that quantifies light striking a surface or a plane point. It is expressed either in lumens per square foot (footcandles/the English unit) or lumens per square meter (lux/the metric unit). The areal density of the luminous flux incident at a point on a surface. One footcandle is equal to 10.76 lux, and one lux is equal to 0.093 footcandle.

ILLUMINATED SIGN

A sign illuminated in any manner by an artificial light source, whether internally or externally lighted, including but not limited to neon signs and any sign that has characters, letters, figures, designs or outlines illuminated by artificial lighting.

ILLUMINATION

An alternative term for illuminance. Commonly used in a qualitative or general sense to designate the act of illuminating or the state of being illuminated.

IMPERVIOUS SURFACE

A surface that prevents the percolation of water into the ground, such as rooftops, pavement, sidewalks, driveways, gravel drives, roads and parking, and compacted fill, earth or turf to be used as such.

IMPROVEMENTS

See "Development improvements."

INDUSTRIAL WASTEWATER TREATMENT FACILITY

A facility not located on the same lot where the wastewater is generated, which is used for treating and removing any harmful chemicals, compounds (including the flow-back water and solutions used in the process of hydraulic fracturing for natural gas) nutrients, organics, solids, radionuclides or other materials prior to being transported off-site for reuse or discharged into a stream or into the soil. Such a facility typically includes a multibay truck loading/unloading station, skim ponds for oil/water separation, water clarifiers, sludge dewatering facilities, reverse osmosis units, evaporators, chemical feed equipment, pumps and other appurtenances.

INFORMATIONAL SIGN

Public or private directional, street or traffic signs, address numbers, names of buildings, rooms and other similar signs.

INSTRUCTIONAL SIGN

A sign that provides direction or instruction to guide persons to facilities intended to serve the public (e.g., rest rooms, public telephones, public walkways, parking areas, commercial resort/community amenities, maps, housing units or transportation schedules).

JUNK

A. Any scrap, waste, refuse, reclaimable material or debris, vehicles, appliances, equipment or machinery, or parts thereof, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk shall include, but shall not be limited to:

(1) Scrap iron, tin, brass, copper, lead, zinc and all other metals and alloys; bones, rags, paper, used cloth, used rubber, used rope, and similar materials, old or used, or parts of machinery, vehicles, tools, appliances, furniture, plumbing, heating and other fixtures, and pipe and pipe fittings;
(2) Used lumber, boxes, crates and pallets;
(3) Used tires;
(4) Other worn, deteriorated, or obsolete manufactured goods which are unusable;
(5) Mobile/manufactured homes that are not in habitable condition; and
(6) Abandoned or junked vehicles.

B. Junk shall not include:
(1) Any solid or liquid waste the disposal of which is regulated by the Pennsylvania Department of Environmental Protection.
(2) Agricultural vehicles and implements such as tractors, mowers, etc., for use as parts for equipment and machinery used as part of an active, ongoing agricultural operation provided such equipment is stored on the premises of the operation, can be legitimately used for parts, and is adequately screened.
(3) Construction and contractors equipment for use as parts for equipment and machinery used as part of an active, ongoing contracting business legally operating in accord with this chapter, provided such equipment is stored on the premises of the operation, can be legitimately used for parts, and is adequately screened.

LAMP

A generic term for a man-made source of light.

LAND DEVELOPMENT

Any of the following activities:
A. A subdivision of land.
B. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
C. The definition of "land development" shall also include the expansion or addition to a nonresidential building which involves any of the following as measured cumulatively from the effective date of this provision:
D. The definition of land development shall not include the following:
B. (1) A group of two 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; or
B. (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
C. (1) The addition of 25% or more of floor area to the structure; or
C. (2) The increase by 25% or more of impervious area (including building area) on the parcel; or
C. (3) Any increase in impervious area which will result in the generation of stormwater in such volume as will not be controlled by existing stormwater facilities pursuant to the requirements of this chapter.
D. (1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
D. (2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

LANDFILL

See "solid waste facility."

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LARGER THAN UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

LIGHT

Radiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 to 770 nanometers.

LIGHT TRESPASS

Light emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is sited; spill light; obtrusive light; undesirable illumination, including the following examples: (a) The classic light shining in a window. (b) Unwanted light on an adjacent property. (c) Excessive brightness in the normal field of vision (discomfort glare).

LIVESTOCK

Any animals raised or kept for home consumptive use or profit, including, but not limited to, cattle, bison, sheep, goats, horses, llamas, swine, fowl, rabbits, insects, and fur bearing animals.

LIVESTOCK OPERATION

The raising or keeping of livestock for home use, enjoyment or any commercial purpose.

LOADING/UNLOADING SPACE

An interior or exterior off-street space or berth used for the loading or unloading of people, cargo, products, or materials from vehicles.

LONG-TERM RESIDENCY

See "residency (or occupancy), long term."

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 horizontal land area contained within the lot lines of a lot (measured in acres or square feet) determined by deducting from the total lot size the areas of constrained land as specified in § 215-23E for development on parcels of three acres or more [See § 215-23C(1)(a)] or in § 215-20B for development parcels of less than three acres. In the case of a flag lot, the lot area shall not include the access.

LOT COVERAGE

That portion of the lot covered by all created improvements, including but not limited to primary buildings, decks, porches, accessory buildings, paving, patios, sidewalks, pools and other impervious areas, provided that, where a municipal boundary bisects a lot, the total area of the lot, regardless of the municipal boundary, shall be used for the purpose of determining compliance with the permitted lot coverage.

LOT DEPTH

The horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. On corner lots, lot depth shall be measured along the longest dimension of the lot.

LOT LINE

A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. See also "setback, required."

LOT LINE, FRONT

The lot line(s) separating the lot from any street. In the case of a flag lot, the lot line where the narrow access corridor widens shall be considered the front lot line.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See § 215-20 for corner lots.)

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required or approved front setback line. In the case of a lot fronting on a cul-de-sac turnaround or curve, along a chord perpendicular to a radial line located equidistant between the side lot lines, the said chord shall intersect the radial line at a point located at the required or approved building setback line.

LOT, CORNER

A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.

LOT, EXISTING OF RECORD

Any lot or parcel of property which was legally in existence and properly on file with the County Recorder of Deeds prior to August 6, 1974, the effective date of the original Borough Zoning Ordinance.

LOT, FLAG

A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.

LOT, INTERIOR

A lot other than a corner lot, the sides of which do not abut a street.

LOT, REVERSE FRONTAGE

A through lot with frontage on two streets with vehicular access restricted to only one of the streets.

LOT, THROUGH

A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.

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 Subsection
C.

LUMBERING

See "forestry."

LUMBERYARD

An area and structures used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products.

LUMEN

Units of measurement of luminous flux representing the quantity of light being produced by a lamp or emitted from a luminaire.

LUMINAIRE

A complete lighting unit consisting of one or more lamps (light sources) together with the parts designed to control the light distribution and other mechanical and electrical components.

LUMINANCE

A term that quantifies directional brightness of a light source (e.g., a lamp, luminaire, reflecting material) or of a surface that is illuminated and reflects light. The emitted or reflected light from a surface; relates directly to perceived "brightness." The unit of luminance is the candela per square meter (cd/M2). Measurable with a luminance meter.

LUX

A unit of light intensity stated in lumens per square meter. There are approximately 10.76 lux per footcandle.

MACRO WIRELESS COMMUNICATION FACILITY

Any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array and/or microwave dish(es), connection cables, an equipment facility and a support structure or attachment structure to achieve the necessary elevation.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers and other similar vehicles which are placed on the site for more than 180 consecutive days.

MANUFACTURED HOME PARK

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARQUEE SIGN

Any sign attached to a covered structure projecting from and supported by a building with independent roof and drainage provisions erected over a doorway or doorways as protection against the weather.

MASSAGE

Pressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body with or without cosmetic preparation, either by hand, or with mechanical or electrical appliances.

MASSAGE FACILITY, THERAPEUTIC

A service establishment, as regulated by this chapter, that meets all of the following criteria:
A. Massages are conducted for a fee, tip or other consideration; and
B. The person conducting the massage is licensed by the Commonwealth of Pennsylvania as a health care professional or a therapeutic massage therapist, or is certified by the National Certification Board for Therapeutic Massage and Bodywork or other recognized therapeutic massage organization that requires substantial professional training;
C. The establishment does not meet the definition of "massage parlor."

MECHANICAL EQUIPMENT (relating to accessory solar energy systems and accessory wind turbine generators)

Any device, such as an outdoor electrical unit/control box, that transfers the energy from the energy system to the intended on-site structure.

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MEETING, ASSEMBLY, OR BANQUET HALLS

A structure designed for an assemblage of persons for gatherings such as weddings, banquet, parties, etc.

MENAGERIE

A collection of animals which are kept in cages or enclosures, inside a building or outdoors, for exhibition or educational purposes.

MICRO WIRELESS COMMUNICATIONS FACILITY

Small network node, small cell, picocell and all nonmacro cellular systems; and self-contained wireless communications devices designed to provide cellular telephone coverage to a limited, targeted and small area which are used to add coverage or capacity to an existing wireless service provider's network where it is not feasible to equipment facility capable of being mounted onto the attachment or support structure and antenna that is either:

(a) No more than five feet in height with a face area of not more than 580 square inches; or
(b) If a tubular antenna, no more than four inches in diameter and no more than seven feet in length.

MICROBREWERY

A facility for the production, packaging and sampling of malt beverages of alcoholic and/or non-alcoholic content for retail or wholesale distribution, on or off the premises, and which produces less than 15,000 gallons of malt beverages per year.

MINERAL

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-MART

See "convenience store."

MOBILE HOME LOT

A parcel of land in a mobile home park which is leased by the park owner to the occupants of the mobile home erected on the lot and which is improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MODEL HOME

Any structure erected in an approved residential subdivision for use as a display to promote the sale of similar residential structures, which may be utilized on a short-term basis as an office, with ultimate use of the structure to conform to a permitted use in the district in which the structure is located. (See also "sample home.")

MONUMENT SIGN

A freestanding sign with a base affixed to the ground where the length of the base is at least 2/3 the horizontal length of the monument.

MPC

The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247 as enacted and amended.

MULTIFAMILY PROJECT

Any development of a single parcel of property that includes one or more buildings containing three or more dwelling units. Any residential development which proposes the construction of two or more two-family dwellings on one parcel of property is also considered a multifamily project. Two-family dwellings in a multifamily project are considered townhouses.

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the municipality.

MUNICIPALITY

Borough of Mount Pocono, Monroe County, Pennsylvania.

NADIR

The point directly below the luminaire when the luminaire is pointed down (0° angle).

NEIGHBORHOOD

A development of five to 25 single-family, detached dwellings clustered in a concentrated area which is surrounded by open land or recreation area.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after January 7, 2013, and includes any subsequent improvements to such structures. Any construction started after May 28, 1982, the effective date of community's first floodplain management ordinance adopted by the community, and before January 7, 2013, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

NIGHTCLUB

An establishment dispensing food and drink and in which music, dancing, or entertainment is an integral and significant part of the operation.

NIGHTTIME

The hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the center of the sun's disk is 6° below the horizon and begins in the morning when the center of the sun's disk is 6° below the horizon.

NONCONFORMING

See § 215-60.

NONCONFORMING LOT

Any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated, such lot having been created and recorded in the office of the Monroe County Recorder of Deeds prior to the effective date of the original Mount Pocono Borough Zoning Ordinance, as amended, reenacted and replaced.

NONCONFORMING SIGN

A sign that met all legal requirements when constructed but is not in compliance with current sign regulations. A registered nonconforming sign is not an illegal sign.

NONCONFORMING STRUCTURE

A structure or part of a structure which does not comply with the applicable district limitations on structure size and location on a lot, where such structure lawfully existed prior to the adoption of the original Mount Pocono Borough Zoning Ordinance, as amended, reenacted and replaced, and including, but not limited to, nonconforming signs.

NONCONFORMING STRUCTURE, ALTERATION OR EXPANSION

As applied to a nonconforming structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

NONCONFORMING STRUCTURE, RECONSTRUCTION

The rebuilding of a nonconforming structure damaged or destroyed by casualty to the exact or less nonconforming condition which existed prior to the casualty.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments thereto, where such use was lawfully in existence prior to the adoption of the original Mount Pocono Borough Zoning Ordinance, as amended, reenacted and replaced.

NONCONFORMING USE

Any preexisting structure, object of natural growth, or use of land which is consistent with the provisions of this article or an amendment thereto.

NONCONFORMING USE, CHANGE

The conversion of a nonconforming use to a different use classification as enumerated on the Schedule of Uses.

NONCONFORMING USE, EXTENSION

The expansion of a nonconforming use throughout the structure which the said use partially occupies, or the expansion of a nonconforming use onto property not already occupied by the said use.

NONCONFORMING USE, REESTABLISHMENT

The reopening or reinstitution of a nonconforming use which has been discontinued by the owner of the said use; such reopening effected prior to the abandonment of the nonconforming use as determined under the provisions of this chapter.

NONCUTOFF

A light distribution that can produce considerable light above the horizontal plane located at the bottom of a luminaire.

NONPRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

NUISANCE

A condition or situation that results in an interference with the enjoyment and use of real estate.

NURSERY, RETAIL

See "garden center, retail."

OBSTRUCTION

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this article.

OCCUPANCY

Any use of or activity upon a particular premises; or holding real property by being in possession.

OFFICIAL MAP

A map adopted by Borough ordinance in accord with Article IV of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as enacted and amended.

OFFICIAL ZONING MAP

The Official Zoning Map of the Borough of Mount Pocono, Monroe County, Pennsylvania.

OFF-PREMISES SIGN

Sign, graphic or a display for commercial, industrial, institutional, service or entertainment purposes, promoting products, uses or services conducted, sold or offered somewhere other than upon the same premises where the sign is located and whose purpose is to sell or identify a product, service or activity. In the context of this subsection, the word "premises" shall be interpreted as being a separate tract or parcel of land that has been or may be conveyed by deed or has otherwise been specified as a separate lot on an approved land development plan.

OFF-TRACK WAGERING FACILITY

A facility licensed pursuant to the provisions of the Racehorse Reform Act for the purpose of gaming authorized at a nonprimary location pursuant to the provisions of the Racehorse Reform Act. Considered a gaming establishment for regulation by this chapter.

OIL OR GAS WELL

A type of mineral extraction involving a bore hole drilled or being drilled for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such. The term "well" does not include a bore hole drilled or being drilled for the purpose of or to be used for systems of monitoring, producing or extracting gas from solid waste disposal facilities, as long as the wells are subject to the act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act," and do not penetrate a workable coal seam.

ON-PREMISES SIGN

Sign, graphic or a display for commercial, industrial, institutional, service or entertainment purposes, promoting products, uses or services conducted, sold or offered upon the same premises where the sign is located and whose purpose is to sell or identify a product, service or activity. In the context of this subsection, the word premises shall be interpreted as being a separate tract or parcel of land that has been or may be conveyed by deed or has otherwise been specified as a separate lot on an approved land development plan.

OPEN SPACE, COMMON

Open space that is part of a particular conservation design subdivision development tract set aside for the use and enjoyment of residents of such development.

OPEN SPACE, CONSERVATION

Open space that is part of a particular conservation design subdivision development tract set aside for the protection of sensitive natural features, farmland, forest land, scenic views and other primary and secondary conservation areas and which is permanently restricted from further development except as permitted by this chapter and cannot be used as a basis for density for any other development. Conservation open space may be accessible to the residents of the development and/or the Borough, or it may contain areas of farmland or forest land which are not accessible to project residents or the public.

OPEN SPACE, REQUIRED PUBLIC

Open space that is dedicated or reserved for the use of the general public in accord with the requirements of Chapter 187, Subdivision and Land Development.

OUTDOOR RECREATION CLUBS OR CAMPS

Land and/or a stream or body of water and adjacent area on any bank thereof, owned or leased by a person or group of persons duly formed as a club, used principally for hunting/fishing, climbing, gunning, nature observation, or similar recreation purposes open only to members and guests and involving no buildings other than those for lodging, eating and sanitary facilities for members and guests and accessory structures.

OWNER

An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to submit an application for the development or use of land.

PA DEP or DEP

The Pennsylvania Department of Environmental Protection.

PA DOT or PENNDOT

The Pennsylvania Department of Transportation.

PARCEL

See "lot."

PARK AND RIDE FACILITY

A parking lot designed for drivers to leave their cars and share a ride with another driver or use mass transit facilities beginning, terminating, or stopping at or near the park-and-ride facility.

PARKING AREA

Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets. See "garage."

PARKING AREA, PUBLIC

A parking area available to the public, with or without payment of a fee.

PARKING SPACE, OFF-STREET

A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.

PARKING SPACE, ON-STREET

A temporary storage area for a motor vehicle that is located on a public or private street right-of-way.

PATIO

An impervious or semi-pervious, uncovered structure with an average elevation no greater than six inches above grade.

PERMANENT FOUNDATION

A permanent foundation which meets the requirements of the Uniform Construction Code.

PERMIT

A document issued by the proper authority documented on the required application which authorizes the applicant to undertake certain activities in compliance with all the applicable codes and ordinances.
A. ZONING PERMIT – Indicates that a proposed use, building or structure as documented in the development application will comply with the requirements of this chapter. Issued by the Zoning Officer for principal permitted uses, accessory uses and signs following confirmation of compliance with applicable standards, for conditional uses following approval by the Borough Council, and for special exceptions following approval by the Zoning Hearing Board.
B. BUILDING PERMIT or CONSTRUCTION PERMIT – Issued by the Building Code Official and indicates that a proposed construction, alteration, or reconstruction of a structure will comply with the Borough Construction Code.

PERSON

An individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

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 HOME

A residential use providing residential and support services primarily to persons who are over age 60, and/or physically disabled and/or the developmentally disabled and which is licensed as a personal care center by the Commonwealth of Pennsylvania.

PERSONAL SIGN

A sign including nameplates, home occupation signs and other signs of a similar nature.

PET

Domestic cats and domestic dogs, and other animals which are commonly kept primarily inside a dwelling unit for companionship or personal satisfaction (not for consumption or utilitarian use), such as parakeets, parrots and similar birds, ferrets, mice, guinea pigs, hamsters and similar rodents, nonpoisonous snakes, and fish. "Pet" does not include livestock, small animals and fowl, pot bellied pigs and miniature horses.

PIPELINE COMPRESSOR STATION, METERING STATION or OPERATION/MAINTENANCE FACILITIES

A facility at which a petroleum product passing through a pipeline is pressurized by a turbine, motor, or engine, the volume of flow is measured or permanent facilities are installed for pipeline operation/maintenance and which compress, decompress, process, heat, alter or transform the pipeline product The facility may contain some type of liquid separator consisting of scrubbers and filters that capture any liquids or other undesirable particles from the pipeline. The definition excludes pipeline valves, metering stations, pig launchers/receivers, and other components which are located within the pipeline right-of-way and do not compress, decompress, process, heat, alter or transform the pipeline product.

PLANNED DEVELOPMENT, COMMERCIAL

A contiguous area of land planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate office, retail, and commercial uses, and other uses incidental and accessory to the commercial uses.

PLANNED DEVELOPMENT, INDUSTRIAL

A contiguous area of land planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses, and other uses incidental and accessory to the predominant allowed uses.

PLANNING COMMISSION

The Planning Commission of the Borough of Mount Pocono, Monroe County, Pennsylvania.

PLAT or PLAT PLAN

A map or plan of a subdivision or land development, whether preliminary or final.

PLAZA SIGN

A one- or two-sided structure displaying smaller signs, each of equal size.

POLE SIGN

A freestanding sign with a base supported from the ground by a pole or a similar support structure of narrow width.

POLITICAL SIGN

A temporary sign larger than four square feet identifying, either singly or combined, a political candidate, slate of candidates, issue or party. These signs are used or intended to be used for the display of any announcement, advertisement or notice of any individual candidate or slate of candidates for any public office or similar political purposes.

POLITICAL YARD SIGN

A temporary political sign four square feet or smaller.

PORCH

An attached, roofed accessory structure projecting from a wall of a building which may be open or screened and with walls no higher than four feet above the floor level.

PORTABLE SIGN

Sign, graphic or a display for commercial, industrial, institutional, service, entertainment or informational purposes which can be readily moved from place to place and which is not affixed to a building, to another permanent structure or to the ground.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRESERVE

Protected open space (as defined by this chapter) for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and which may include special opportunities for study or research.

PRIMARY SURFACE (ZONE)

An imaginary surface longitudinally centered on the runway extending 200 feet beyond the end of the paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1, is derived from the primary surface.

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 Resource and Conservation Services County Soil Survey.

PRINCIPAL BUILDING

The building in which the primary or predominate use of a lot is conducted including any structure that is physically attached to the principal building.

PRINCIPAL PERMITTED USE

A use allowed in a particular zoning district which may be approved by the Zoning Officer provided the application complies with all requirements of this chapter.

PRINCIPAL USE

The primary or predominate use(s) of a lot.

PROJECTING SIGN

A sign which is supported by an exterior wall of a building or other structure and which is constructed and displayed perpendicular to the face of the building or other structure so that both sides of the sign are visible.

PROPERTY OWNERS' ASSOCIATION

A nonprofit corporation organized by the developer or lot owners for the purpose of establishing an association of all property owners in a planned development which purposes shall include the ownership and maintenance of open space common areas and all development improvements.

PUBLIC

The members of the community as a whole or any particular part of the community.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Planning Commission, governing body or Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accord with the Pennsylvania Municipalities Planning Code.

PUBLIC MEETING

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), as amended, known as the "Sunshine Act."

PUBLIC NOTICE

Notice published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. 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.

PYLON SIGN

A freestanding sign with a base affixed to the ground where the width of the base is not more than half the width of the sign face. (See figure above of Common Freestanding Sign Types.)

QUALIFIED PROFESSIONAL

An individual authorized to prepare plans pursuant to Section 503(1) of the Pennsylvania Municipalities Planning Code. which states that plats and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law," except that this requirement shall not preclude the preparation of a plat in accordance with the act of January 24, 1966 (P.L. 1527, No. 535), known as the "Landscape Architects Registration Law," when it is appropriate to prepare the plat using professional services set forth in the definition of the "practice of landscape architecture" under Section 2 of that Act.

REAL ESTATE SIGN

A temporary sign that is used to offer for sale, lease or rent the premises upon which the sign is placed.

RECEIVING PROPERTY

A parcel of land that is approved for a higher residential density than would otherwise be permitted as a condition of the restriction of development on the "sending property."

RECREATION AREA

A private or public space associated with a residential development, including accessory structures, such as fences, backstops and bleachers, used for play and/or recreation by individuals.

RECREATION AREA, ACTIVE

A private or public space associated with a residential development, including accessory structures, such as fences, backstops and bleachers and other equipment, used for play and/or recreation by individuals, and including, but not limited to, golf courses, basketball, volleyball and tennis courts, baseball, football and soccer fields, and playgrounds.

RECREATION AREA, PASSIVE

A private or public space associated with a residential development, not including any accessory structures used for active recreation by individuals, and including, but not limited to, trails, picnic areas, community gardens, and lawns.

RECREATION VEHICLE

A vehicle which is: (a) Built on a single chassis; (b) Not more than 400 square feet, measured at the largest horizontal projections; (c) Designed to be self-propelled or permanently towable by a light-duty truck; (d) Not designed for use as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

RECREATIONAL VEHICLE

A vehicle primarily designed and utilized as temporary living quarters for recreational, camping or travel use, whether self-propelled or mounted on, or drawn by another vehicle, and including travel trailers, recreational trailers, camping trailer, truck camper, motor homes and similar types of vehicles.

RECREATIONAL VEHICLE PARK

See "campground or recreational vehicle park."

RECYCLABLES

Materials intended for reuse, remanufacture or reconstitution and including, for the purposes of this chapter only, the following materials: aluminum beverage containers; glass beverage and food containers; plastic beverage, food and household product containers, but not including plastic film or bags; bimetal food containers; newsprint, magazines, and office paper; and corrugated paper. Recyclables shall not include, except as specifically authorized by the Borough, tires, large appliances such as stoves, refrigerators, washers and dryers, other scrap metal, used motor oil or any other material defined as "junk" or "solid waste" by this chapter.

REGULATORY FLOOD ELEVATION

The base flood elevation plus a freeboard safety factor of 1 1/2 feet.

REPAIR

The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. See also "addition" and "alteration."

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

RESEARCH, ENGINEERING OR TESTING LABORATORIES

A facility for investigation into the natural, physical, or social sciences, which may include engineering and product development, physical activities usually associated with wet labs or places with running water, gases, special ventilation devices, chemicals, special heating and electrical or electronic equipment, or use of animals or human subjects under controlled conditions. It may also include pilot plant operations not exceeding 25% of the gross floor area of the facility used to test out concepts and ideas, to determine physical layouts, material flows, type of equipment required, costs, and to secure other information prior to full-scale production. Considered manufacturing, light, for regulation by this chapter.

RESERVOIR SPACE

A parking place provided to accommodate a vehicle which is queued in a lane awaiting service in a drive-in facility, such as a bank, fast-food restaurant or a car wash or truck wash.

RESIDENCY (OR OCCUPANCY), LONG-TERM

Occupancy of a dwelling, generally for periods of more than 180 days, as opposed to temporary visits to bed-and-breakfast inns, motels, hotels, campgrounds and recreational vehicles, and which serves as the legal address for the occupant. It also includes any dwelling or structure where children who attend school reside.

RESORT/COMMUNITY DEVELOPMENT

A building or group of buildings located on a lot containing 10 acres or more. A resort/community development combines nonpermanent lodging with services, including food, retail sale of commodities, recreation and other amenities. A resort/community development may temporarily house owners and other residents who do not have full ownership of residential units, full-fledged members and their guests.

RESTAURANT, OUTDOOR

Any part of a food establishment located outdoors, not used for any other purposes, and open to the sky, with the exception that it may have a retractable awning or umbrellas, and may contain furniture, including tables, chairs, railings, and planters that are readily moveable.

RIGHT-OF-WAY (ROW)

A. Land reserved for use as a street, drainage facility or other public or community use. A right-of-way shall not be considered as land area when computing lot size.
B. The surface of and space above and below any real property in the Borough in which the Borough 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 Borough and any unrestricted public lands, but excluding lands other than streets that are owned by the Borough.
C. The phrase "in the right(s)-of-way" means in, over, along, above and/or under the right(s)-of-way.
D. For the purpose of this ordinance, ROW(s) shall also include streets and roads owned by Monroe County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.

ROOF

The outside top covering of a building.

ROOF

The roof slab or deck with its supporting members, not including vertical supports.

ROOF EAVES

The projecting overhang at the lower edge of a roof.

ROOF RIDGE

The upper and lower roof ridges are the horizontal lines formed by the juncture of two sloping planes formed by the surfaces of a roof as indicated in Figures 1-1and 1-2.

ROOF SIGN

A sign which is erected, constructed and maintained on or above the roof of a building.

ROOF STRUCTURE

An enclosed structure on or above the roof of any part of a building.

ROOFLINE

The top edge of a roof or building parapet, whichever is higher, but excluding any mansards, cupolas, pylons, chimneys or any minor projections.

ROW HOUSE

See "dwelling, townhouse."

RUNWAY

A defined area of an airport prepared for landing and takeoff of aircraft along its length.

SAMPLE HOME

An unoccupied single-family dwelling associated with a principal permitted commercial use and not intended for permanent occupancy, and used solely for demonstration purposes to inform potential purchasers of the types of homes available from the seller. (See also "model home.")

SCREENED

Visibly shielded or obscured from any adjoining or neighboring property, any public or private road right-of-way, or any other premises which is accomplished by topography, fencing, berms, natural and planted vegetation or other means approved by the Borough.

SCREENING

A method of visually shielding or obscuring a structure or use from another by topography, fencing, walls, berms, planted vegetation or a combination of these methods.

SEMICUTOFF

A light distribution where slightly more light is permitted at a horizontal plane located at the bottom of a luminaire than the cutoff distribution. Like cutoff, light above the horizontal plane at the bottom of a luminaire is not limited, but the amount of light above the luminaire is relatively small.

SEMIPUBLIC FACILITY OR USE

A building or use operated by nonprofit, community-based organizations for the general use of Borough residents, including churches, firehouses, ambulance buildings, private schools, libraries and the like, but excluding institutional uses, such as nursing homes, hospitals, sanitariums and clinics. It shall also include essential services and public utilities that require enclosure within any structure or building.

SENDING PROPERTY

A parcel of land or portion of a parcel that is restricted by a conservation easement as a condition of approval of a higher residential density on the "receiving property" than would otherwise be permitted.

SETBACK, FRONT

The required minimum open space extending the full width of the lot between the principal structure(s), accessory structures, or other improvements and the front lot line. See also "yard" and "lot line."

SETBACK, REAR

The required minimum open space extending the full width of the lot between the principal structure(s), accessory structures, or other improvements and the rear lot line. See also "yard" and "lot line."

SETBACK, REQUIRED

The required minimum open space between the principal structure(s), accessory structures, or other improvements and the nearest lot line or right-of-way as provided by this chapter. See also "yard" and "lot line."

SETBACK, SIDE

A required minimum open space extending from the front setback to the rear setback between the principal structure(s), accessory structures, or other improvements and the side lot line. See also "yard" and "lot line."

SEWAGE DISPOSAL, CENTRAL, COMMUNITY OR OFF-SITE

A sewage collection and disposal system in which sewage is carried from more than one individual lot, dwelling or other unit by a system of pipes to a central treatment and subsurface or other type of disposal area or stream discharge in compliance with the Pennsylvania Department of Environmental Protection regulations and/or regulations of the Mount Pocono Municipal Authority, whichever may be more stringent.

SEWAGE DISPOSAL, ON-SITE

Any structure designed to biochemically treat sewage within the boundaries of an individual lot from one individual dwelling or other-type unit.

SEWAGE TREATMENT PLANT

A sanitary sewage collection and treatment system meeting the requirements of the Pennsylvania Department of Environmental Protection in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal facility or system which may be publicly or privately owned and operated, and which uses mechanical, biological and chemical processes to treat and dispose of domestic sewage in accord with DEP Rules and Regulations involving an effluent discharge to surface waters or to a soil-based or other treatment system.

SHOOTING RANGE, INDOOR COMMERCIAL

Any fully enclosed building used for the discharge of any firearm for recreational or training purposes which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association. Considered a recreational facility, commercial for regulation by this chapter.

SHOOTING RANGE, OUTDOOR COMMERCIAL

Any area not within a fully enclosed building used for the discharge of any firearm for recreational or training purposes which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association.

SINGLE-FAMILY DWELLING

See "dwelling, single-family."

SOLAR ACCESS

A property owner's right to have sunlight shine on the owner's land.

SOLAR COLLECTOR

A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.

SOLAR ENERGY STORAGE FACILITY

Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases, or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

SOLAR ENERGY SYSTEM, ACCESSORY

An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition shall include the terms "passive solar system" and "active solar system."

SOLAR GLARE

The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

SOLAR POWER GENERATION, COMMERCIAL

A facility where one or more solar collectors and/or other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities are located and are used for the generation of electricity which is sold on the open market.

SOLID WASTE or WASTE

Any garbage, refuse, industrial, lunchroom or office waste or other material including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term shall also include any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or containing gaseous materials resulting from industrial, mining, agricultural operations, local facilities or any other by-product or effluent from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility or any other material defined by the PA DEP as solid, liquid, municipal, medical, industrial, toxic or hazardous waste.

SPECIAL EXCEPTION

A use in a particular zoning district to be allowed or denied by the Zoning Hearing Board pursuant to public notice and hearing and recommendation of the Borough Planning Commission as authorized by Section 603(c)(1) of the Municipalities Planning Code.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

SPOTLIGHT

A fixture designed to light only a small, well-defined area.

STABLE, COMMERCIAL

A structure or land where horses are kept for remuneration, hire, sale, boarding, training, riding or show, and which includes the commercial hire of horses to the general public for riding or other purposes.

STABLE, PRIVATE

An accessory structure or use of land where horses are kept for the sole use of the residents of the principal structure, and which includes no remuneration, hire, boarding or other commercial use.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the floodplain administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STATE

The Commonwealth of Pennsylvania and its agencies.

STORAGE CONTAINER

A receptacle, such as a wooden or metal box or a trailer of a tractor-trailer with or without wheels in which raw materials, products or other items are stored.

STORAGE YARD FOR FOREST PRODUCTS AND MINERALS

An area, not on the same parcel where the products are initially harvested or gathered, to which trees, forest products, flagstone, landscaping stone, wall stone or other minerals are hauled and stored, and which does not involve any land development, the operation of a sawmill, the operation of any other wood manufacturing business, or the operation of any natural resources processing.

STREAM

A natural watercourse. See "watercourse."

STREET

A public or private thoroughfare which affords the principal means of access to abutting property, including "avenue," "place," "way," "drive," "lane," "boulevard," "highway," "road" and any other thoroughfare except an alley. Public rights-of-way shall be those open to the general use of the public, not necessarily publicly dedicated.

STRUCTURAL ALTERATION

See "alteration."

STRUCTURE

An object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

STRUCTURE

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

STRUCTURE

Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, fences, walls, storage tanks, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.

STRUCTURE, PERMANENT

Any structure, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

STRUCTURE, PORTABLE

Any structure, that is not permanently affixed to the ground but is designed to be moved from place to place, including, but not limited to, accessory structures constructed of metal frameworks with plastic or cloth covering.

STRUCTURE, TEMPORARY

Any structure that is erected for the limited period of time specified in the zoning permit.

SUBDIVISION

The division or redivision of a lot, tract, or parcel of land by any means into two 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 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. (See Chapter 187, Subdivision and Land Development, for details.)
A. MINOR SUBDIVISION – A subdivision that creates five lots or fewer, or the cumulative development on a lot-by-lot basis for a total of five lots or fewer of any original tract of record (i.e., not subdivided or developed subsequent to November 5, 1973, the effective date of the original Borough Subdivision and Land Development Ordinance); and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities, such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets.
B. MAJOR SUBDIVISION – Any subdivision that is not a minor subdivision or a lot improvement subdivision.
C. LOT IMPROVEMENT SUBDIVISION – (Also known as "add-on subdivision.") – A minor subdivision involving the realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created; or the combination or reallotment of small lots into a larger lot or lots.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (1) For towers, other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. (2) For towers, other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater, for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet. (3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associates with the structure. (4) It entails any excavation or deployment outside the current site.

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, of which the cost 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 or repetitive loss, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violation of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are minimum necessary to assure safe living conditions. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in this subsection, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that specific ordinance requirements will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

TATTOO, BODY PIERCING, SCARIFYING OR BRANDING PARLOR

An establishment engaged in any of the following:
A. The perforation or cutting of any human body part or tissue and the placement of a foreign object in the perforation to prevent the perforation from closing, but not including the use of mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear.
B. The placement of indelible pigment, inks, or scarifying beneath the skin by use of needles for the purpose of adornment or art. This does not include the practice of permanent makeup and micropigmentation when such procedures are performed as incidental services in a medical office or in a personal services establishment, such as a hair or nail salon.
C. The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin.
D. The use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing.

TEMPORARY

A period of less than 90 consecutive days unless otherwise specified by this chapter.

TEMPORARY CONSTRUCTION BUILDING

A building erected on a lot for temporary use in conjunction with construction on that lot.

TEMPORARY SIGN

A sign displayed for a fixed, terminable length of time. Temporary signs must be removed after the temporary purpose has been served. Included are for sale, lease or rent signs, political signs, service signs, special event signs, construction signs, directional signs to special or temporary events and signs of a similar nature.

TOWNHOUSE

See "dwelling, townhouse."

TRACT

See "lot."

TRANSFERABLE DEVELOPMENT RIGHTS

The attaching of development rights to specified lands which are desired by the Borough to be kept undeveloped, but permitting those rights to 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.

TRANSIENT RETAIL MERCHANTS

See Article I of Chapter 142, Peddling and Soliciting.

TRANSITIONAL SURFACE (ZONE)

An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.

TRAVEL PLAZA

Any building, premises, or land in which or upon which a business or service involving the maintenance, servicing, storage, or repair of automobiles, trucks, recreational and other vehicles is conducted or rendered as a service to travelers, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles, and which may include overnight accommodations and restaurant facilities.

TREE

Any object of natural growth.

TRIP

A single or one-way motor vehicle movement either to or from a subject property or study area.

TRIP DISTRIBUTION

The measure of the number of vehicles or passenger movements that are or will be made between geographic areas.

TRIP ENDS

The total of single or one-direction vehicle movements entering and leaving a specified land use or site over a designated period of time.

TRIP GENERATION

The total number of vehicle trip ends produced by a specific land use or activity.

TRUCK STOP

See "travel plaza."

TWO-FAMILY DWELLING

See "dwelling, two family."

USE

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

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

UTILITY, PUBLIC

Any agency or entity that, under public ownership, or under certificate of convenience and necessity issued by the Pennsylvania Public Utility Commission, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service.

VARIANCE

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code.

VEHICLE

Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway or upon any land, including, but not limited to, automobiles, trucks, vans, buses, utility trailers, tractors, truck tractors, recreational vehicles, motor homes, travel trailers, motorcycles, snowmobiles, machinery, trailers, farm machinery and implements, and other wheeled equipment; any vehicle requiring a state registration; boats; and aircraft.

VERNAL POOL

An isolated, contained depression that holds water for at least two months in the spring or summer, critical to several amphibian, reptile and invertebrate species, which also provides important storage for stormwater runoff and spring snowmelt that would otherwise contribute to downstream flooding.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

WALL

See "fence or wall".

WALL/WINDOW SIGN

A sign painted on or attached to a wall or window (excluding permitted accessory window signs) of a building or other structure and which is mounted parallel to the surface so that only one side is visible to the public.

WARNING SIGN

A sign containing no advertising material but which warns the public of the existence of danger.

WASTEWATER TREATMENT SYSTEM

See "sewage disposal" definitions.

WATER BODY

Any natural or man-made freshwater pond, lake or stream. This shall not include any pond or facility designed and constructed solely for stormwater management.

WATER EXTRACTION/BOTTLING

Any use which involves the pumping or removal of water from groundwater sources, with or without bottling, for retail or wholesale sale. Water extraction and bottling shall be considered industry for the purposes of regulation by this chapter.

WATER SUPPLY, CENTRAL, COMMUNITY OR OFF-SITE

A public or private utility system designed to supply and transmit drinking water from a common source to two or more dwelling units or uses.

WATER WITHDRAWAL FACILITY

A facility immediately adjacent to a water body or stream that typically contains a submerged suction line, pumps, water main, multiple hydrants, truck loading and staging area, and water storage tanks, and which stores water on a temporary basis that is intended to be transported to another site.

WATERCOURSE

Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial, intermittent or seasonal flow.

WETLAND

Those areas that are 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 saturated soil conditions, including swamps, marshes, bogs, fens, and similar areas and which are defined as such by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

WILD OR EXOTIC ANIMAL

Any species of animal whose natural or usual habitat within Pennsylvania is either in the wild or in a zoo, as opposed to a domesticated environment, regardless of whether such animal poses an actual or apparent threat to persons, other animals or property.

WIND ROTOR

The propeller or blades, plus the hub to which the propeller or blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is mounted on a pole, tower or other structural support system along with other generating, electrical and accessory equipment to form a wind energy conversion system.

WIND TURBINE GENERATOR, ACCESSORY

A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any, and which is sized and intended to be used to generate electricity primarily for the principal structure to which it is accessory.

WINDOW SIGN, ACCESSORY

Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to or placed behind a window pane which is intended to be read from the exterior of the building and which is not an on-premises sign permitted by § 215-87.

WIRELESS COMMUNICATIONS FACILITY

A. Any structure or equipment which is intended for commercial or governmental use in transmitting or receiving television, radio, telephone or other electronic communications, including internal or agency communications, and any such facility in a public right-of-way or not in a public right-of-way.
B. The definition does not include the following, which are not appropriate subjects of this chapter.

B. (1) Industrial, scientific and medical equipment as regulated by the Federal Communications Commission in 47 CFR Part 18.
B. (2) Military and government radar antennas and associated communication towers used for navigational purposes as regulated by 47 CFR Part 87.
B. (3) Amateur (ham) and citizen band transmitting and receiving antennas and associated communications towers as regulated by 47 CFR Part 97 and 47 CFR Part 95.
B. (4) Radio transceivers normally handheld or installed in a vehicle, such as an automobile, truck, trailer or watercraft.
B. (5) A radio frequency machine which is designated and marketed as a consumer product, such as auditory assistance devices, biomedical telemetry devices, carrier current systems, Class A or B digital devices, field disturbance sensors, perimeter protection systems, power line carrier systems, microwave ovens or radio controlled devices regulated by 47 CFR Part 15.
B. (6) Privately owned antennas for receiving commercial television or radio serving a dwelling.

WIRELESS COMMUNICATIONS FACILITY ANTENNA ARRAY

One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (rod), directional antennas (panel) and parabolic antennas (disc). The antenna array does not include the wireless communications facility support structure or tower as defined herein.

WIRELESS COMMUNICATIONS FACILITY ATTACHMENT STRUCTURE

An existing building which is 35 or more feet in height or an existing structure suitable for the support of a wireless communication facility that was designed and constructed for another purpose. In addition to a qualifying building, such existing structures shall include, but not be limited to, utility poles, signs, water towers, and municipally owned towers.

WIRELESS COMMUNICATIONS FACILITY SUPPORT STRUCTURE/TOWER HEIGHT

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

WIRELESS COMMUNICATIONS FACILITY SUPPORT TOWER

Any pole, telescoping mast, tower, tripod, or any other structure which is constructed to support a wireless communications antenna array.

WIRELESS COMMUNICATIONS FACILITY, STEALTH DESIGN

Any wireless communication facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened and/or landscaped antenna arrays, equipment facilities and support structures designed to look similar to a support structure, such as a light pole, power pole, or component of a building or a tree.

YARD

The area between the principal structure(s) and the adjoining lot line or right-of-way. See also "setback."

ZONING HEARING BOARD

The Zoning Hearing Board of the Borough of Mount Pocono.

ZONING MAP

The Official Zoning Map of the Borough of Mount Pocono.

ZONING OFFICER

The administrative officer charged with the duty of enforcing the provisions of this chapter.

ZONING PERMIT

See "permit."

ZOO

A collection of animals which are maintained in a park by an educational, nonprofit or governmental entity.

Borough of Mount Pocono, PA

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