Township of Tobyhanna

ABANDONED SIGN

A sign located on a property or premises that is vacant, and/or otherwise not in use, or which has not identified or advertised a current business, service, owner, product, or activity for a period of six consecutive months or more, or a sign that is dilapidated or vandalized and not repaired within six consecutive months from the day of the damaging event, or for which no legal owner can be found, shall be considered abandoned, unless there is some specific action taken by the owner indicating to the Township otherwise during the six-month period.

ACADEMIC CLINICAL RESEARCH CENTER

An accredited medical school within the Commonwealth of Pennsylvania that operates or partners with an acute care hospital licensed within the commonwealth.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

ACCESSORY STRUCTURE

A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure. All attached structures are considered part of the principal building.

ACCESSORY USE

A use that is:

(1) Clearly incidental to and customarily found in connection with a principal building or use;
(2) Subordinate to and serves a principal building or a principal use;
(3) Subordinate in extent or purpose to the principal building or principal use served;
(4) Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and
(5) Located on the same lot as the principal building or use served.

ADDRESS SIGN

See Chapter 115: Signs for Building Numbers and Streets.

ADJACENT

A state of being side by side, next to, adjoining, contiguous or abutting one to another.

A-FRAME OR SANDWICH BOARD SIGN

See "portable sign."

AGENT

Any person authorized to act for the subdivider, who submits to the Commission subdivision plans for the purpose of obtaining review or approval thereof.

AIRCRAFT

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

AIRPORT

The Pocono Mountains Municipal Airport. Defined as any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any 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 thereof. As used herein, the term airport includes public airports but excludes private airports and heliports. Public and private airports are defined separately in this section.

AIRPORT ELEVATION

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 minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

ALTERATION

Any structural change or repair of an existing sign.

ALTERATION, STRUCTURAL

A change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders, and changing rooflines. The application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

AMENITIES

Any and all physical additions or changes, set forth on an approved plan, to the land, buildings or structures that may be necessary to provide usable and desirable lots, building areas, and/or residential, commercial, industrial and/or recreational uses.

ANIMAL PEN/SHELTER

A structure intended to house animals, maintained solely for the enjoyment of a family residing on the same lot on which the pen/shelter is located.

ANIMATED SIGN

A sign depicting action, motion, or light or color changes through electrical or mechanical means.

ANNUAL TERM

Twelve-month rolling period in which an application is valid.

ANTENNA

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

APARTMENT BUILDING

Two or more dwelling units under one roof, each containing sleeping, living, kitchen and bath areas or facilities, with each dwelling unit being either occupied by the owner, rented to tenants on a nontransient basis (unlike a hotel, efficiency hotel or motel), or owned either in a cooperative (co-op) or condominium ownership arrangement.

APPLICANT

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

APPLICATION FOR DEVELOPMENT

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

APPOINTING AUTHORITY

The Board of Supervisors of the Township of Tobyhanna, Monroe County, Pennsylvania.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 155-146: Airport surface zones of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL SURFACE ZONES

These zones are set forth in § 155-146: Airport surface zones of this article.

APPROVAL

The official sanction of plans by an agency, commission or governing body acknowledged by the signatures of authorized representatives.

AREA

The quantity of land projected on a horizontal plan enclosed by boundaries of a defined lot, parcel or tract of land.

ARTERIAL STREET OR HIGHWAY

A major regional highway including an expressway, freeway, interstate or intrastate highway designed to carry large volumes of vehicular traffic.
(1) Interregional — Into, out of, or through Monroe County.
(2) Intraregional — From one political subdivision within Monroe County to another or to or from an interstate or interregional highway.

AUTHORITY

A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945

AWNING

A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.

AWNING SIGN

Any sign painted on, or applied to, an awning.

BACK-TO-BACK SIGN

A sign constructed on a single set of supports with messages visible on both sides, provided that the message boards shall be physically contiguous.

BALLOON SIGN

A balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner. See "inflatable sign."

BANNER

A long strip of cloth, bunting, plastic, paper or similar nonrigid material bearing a slogan or design hung in a public view or place. Banners are temporary in nature and do not include flags or feather flag signs.

BASE STATION

A station at a specified site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. 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 six feet or if used for business or dwelling purposes. See "cellar."

BEACON LIGHTING

Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.

BED-AND-BREAKFAST INN

A house or portion thereof where short-term lodging rooms and breakfasts are provided to overnight guests. The owner or operator of the inn shall live on the premises. See "boarding- or rooming house."

BEDROOM

A room or space permitted and designed to be used for sleeping purposes with two means of egress. Spaces used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal everyday use, such as a living room, den, and sitting room or similar space, is not to be considered a bedroom.

BILLBOARD

See "off-premises sign."

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.

BLADE SIGN

See "projecting sign."

BLOCK

The length on one side of a street between two street intersections.

BLOCK

A tract of land, a lot or groups of lots bounded by streets, public parks, railroad rights-of-way, watercourses, boundary line of the Township, unsubdivided land or any combination of the above.

BOARD OF APPEALS OR ADJUSTMENT

A board appointed by the authority adopting these regulations. The number of members, powers, governing rules, etc., of the Board are set forth in § 155-151: Board of Adjustment of this article. "Joint Airport Zoning Board" is defined in § 155-152: Joint Airport Zoning Board.

BOARD OF SUPERVISORS

The elected officials of Tobyhanna Township.

BOARD OF TOWNSHIP SUPERVISORS

The Board of Supervisors of the Township of Tobyhanna, Monroe County, Pennsylvania.

BOARDING- OR ROOMING HOUSE

A dwelling having the capacity and intended for two or more persons to be sheltered and/or fed for profit in the home of the resident owner. See "bed-and-breakfast inn."

BUFFER STRIP

A strip of land at least 25 feet in width which may be a part of the minimum yard distance, free from any principal or accessory building other than suitable screening.

BUFFER STRIP

A strip of land at least 15 feet in width which may be part of the minimum setback distance with the exception that the buffer must be left in its natural state and may not be paved or used for parking. The buffer must be free of any principal or accessory building or required improvement other than screening. If no natural buffer exists, one may be installed, such as evergreens. See "screening" and "setback."

BUILDING

Any structure having a roof supported by columns, piers or walls, including commercial tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports. (See § 155-10B.)

BUILDING FRONTAGE

The maximum linear width or length, whichever is greater, of a building measured in a single straight line parallel, or essentially parallel, with the abutting public street or parking lot.

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof. At least 51% of the building area must meet the building height requirements of this chapter

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. All yard requirements are measured to the building line.

BUILDING RESERVE (SETBACK) LINE OR BUILDING RESTRICTION LINE

The line within a property defining the minimum required distance between any building to be erected and an adjacent right-of-way line or lot line.

A. Such line shall be measured at right angles from the street right-of-way line or lot tine which abuts the property upon which said building is located and shall be parallel to the said right-of-way line or lot line.
B. Such lines shall be determined by the requirements of the zoning district in which the lot is located.

BUILDING WALLS AND PORCHES

The walls of a building include the front wall nearest to and facing on the front street line on the lot on which said building has been or is to be erected, and the side and rear walls nearest to and facing on the side and rear lot lines, respectively.

BULK FUEL STORAGE FACILITY

A facility where fuel is stored in bulk for sale and/or distribution and/or redistribution to customers off site. A fuel storage facility storing more than 1,000 gallons of fuel for sale and/or distribution and/or redistribution to off-site customers shall be considered a bulk fuel storage facility. A bulk fuel storage facility shall also include a bulk fuel terminal. A motor vehicle service station, convenience store and/or gas station shall not be considered a bulk fuel storage facility.

BUSINESS

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

CALENDAR YEAR

The one-year period that begins on January 1 and ends on December 31.

CAMP, TRANSIENT

A business offering sanitary facilities and space for the pitching of tents or the transient parking of camping trailers. Such business shall not rent or sell tents or trailers or permit the parking or storage of occupied or unoccupied mobile homes, nor shall it include any eating facilities other than in an enclosed snack bar or lunch counter.

CANOPY

A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.

CANOPY SIGN

A sign suspended from, attached to, supported from or forms a part of a canopy, provided that such sign shall not extend beyond the vertical or horizontal boundary of any canopy.

CARTWAY

The graded portion of a street or alley including the traveled way and shoulders.

CARTWAY (ROADWAY)

That portion of a street right-of-way, paved or unpaved, intended for vehicular use. (Includes shoulders.)

CELLAR

A portion of a building partly or completely underground and having more than 1/2 of its interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building. See "basement."

CEMETERY

A place for the disposal or burial of deceased pets or human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle, but the term does not include a private family cemetery.

CHANGEABLE COPY SIGN

A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means or manually through placement of letters or symbols on a panel mounted in or on a track system. The two types of changeable-copy signs are manual changeable copy signs and changeable electronic variable message signs, which include message center signs, digital displays, and tri-vision boards.

CHANGEABLE ELECTRONIC VARIABLE MESSAGE (CEVM) SIGN

A sign in which light is turned on or off intermittently by any means, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use; including alternative sign displays of a digital or controlled light-emitting variety, including digital signs that may be scrolling message boards, liquid crystal display (LCD), or plasma display panels, electronic billboards, projection screens, or other emerging display types like living surfaces such as organic light-emitting diode (OLEDs), light emitting diode (LED), light emitting polymer (LEP) and organic electro-luminescence (OEL), that can be controlled electronically using a computer or other devices, allowing direct or remote access and control of graphic, text or content, and which may vary in intensity or color. A CEVM sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administration as the national standard (often referred to as digital, electronic, electronic graphic or similar).

CHANNEL LETTER SIGN

A sign consisting of fabricated or formed three-dimensional letters, individually applied to a wall, which may accommodate a light source.

CHURCHES AND SIMILAR PLACES OF WORSHIP

The use of land and structures for religious worship, education and related activities, including chapels, cathedrals, temples, synagogues and the like. Incidental and accessory uses to churches and similar places of worship may include a gymnasium, playground, parsonage for active clergy, monastery for active monastics and/or an athletic field.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at the street intersection defined by lines of sight between points at a given distance from the intersection of the street center lines and at a given height above the street surface.

CLEARANCE

The distance above the walkway, or other surface if specified, to the bottom edge of a sign. This term can also refer to a horizontal distance between two objects.

CLUSTER COMMERCIAL DEVELOPMENT

A form of tourist development project located in the Tourist Development Project District where the buildings, structures, improvements and facilities are located closely together to increase open space and common recreation and entertainment space within a tourist development project.

CLUSTER DEVELOPMENT

A form of planned residential development where the principal buildings are single-family dwellings, grouped relatively closely together in order to increase the amount of open space held in common, and the lots, if any, are smaller in size than prescribed for the district in which they are located but conform to the overall density requirements for the zoning district in which they are located.

CLUSTER HOUSING DEVELOPMENT

An area of land to be developed for a number of dwelling units, the development plan for which does not correspond in lot size and lot coverage to the regulations established in any one residential district, created from time to time under the provision of the Township of Tobyhanna Zoning Ordinance.(See Chapter 155: Zoning)

COLLECTOR STREET

These facilities primarily serve to collect and distribute traffic between local facilities and arterial roadways and access to abutting properties in relatively equal proportions. These facilities are used for short through trips associated with the distribution and collection portion of trips. Comparable site circulation facilities would be circulation roads connecting parking areas within a large development or an access drive of a moderate size development such as a community shopping center.

CO-LOCATION

The mounting of one or more WCFs, including antennae, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

COMMERCIAL CAMP

A business such as a summer camp or sports camp offering tent, cabin or similar seasonal nonpermanent accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities, open to the public at large or any segment of the public on other than a transient basis.

COMMERCIAL OR INDUSTRIAL CENTER

A premises on which there are two or more separate occupancies located within the same or an adjacent building or buildings on the same commercial or industrial plot of record.

COMMERCIAL RESORTS

A business combining lodging, eating and recreational facilities as a single enterprise and offered to the public.

COMMERCIAL STABLE

A business involving the receipt of compensation for the hire, sale, boarding, riding or showing of horses, mules and ponies.

COMMERCIAL SURFACE MINING

A business for the removal of minerals, earth, sand, gravel, topsoil, peat and stone from a property for utilization on any other property for profit.

COMMISSION

The Tobyhanna Township Planning Commission.

COMMISSION OR PLANNING COMMISSION

The Township of Tobyhanna Planning Commission.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination thereof within a development designed and intended for the use and enjoyment of residents of such development, not including streets, parking areas, private yard space of lots, and areas set aside for public utilities. Common open space shall be substantially free of structures but may contain such improvements as approved on the final plan, primarily for the recreational use by residents. See "open space."

COMPREHENSIVE PLAN

The complete plan or any part of the plan for the development of the Township of Tobyhanna adopted in accordance with the Pennsylvania Municipalities Planning Code (Act 170 of 1988).

CONCRETE BATCH PLANT

An operation which combines materials to produce concrete products.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at the slope of 20 to 1 for a horizontal distance of 4,000 feet.

CONSTRUCTION

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

CONSTRUCTION SIGN

Any sign temporarily erected and maintained on a particular premises while construction is taking place on said premises to identify the project designer, architect, contractor, developer, finance organization, subcontractor, and/or material's vendor, upon which property such individual or entity is furnishing labor, financing, material or other services. Also known as "project sign."

CONSUMER FIREWORKS

Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR(relating to commercial practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association ("APA") Standard 87-1, including but not limited to Sections *3.1 and *3.5, or any successor standard. The term does not include devices such as "ground and handheld sparkling devices" as defined in APA Standard 87-1, Section *3.1.1, "novelties" as defined in APA Standard 87-1, Section *3.2. or "toy caps" as defined in APA Standard 87-1, Section *3.3.

CONVENIENCE MART

Any retail establishment offering for sale prepackaged food products, household items, self-service gasoline or other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

COUNTRY RESORT

A boutique resort with no more than 100 guest rooms which includes guest cottages, an inn and/or hotel. The resort may also include single-family and duplex residential units for management and employees as needed. Accessory uses may include conference centers, restaurants, bars, retail and gift shops, spa, indoor and outdoor recreation facilities, and event venues. Activities authorized on the resort may include, but are not limited to, hiking, biking, tennis, pickle ball, camping, hunting, fishing, equestrian activities, paddling, ice skating, cross-country skiing, religious ceremonies, farming, and those related to agritourism. Additional structures such as, but not limited to, gatehouses, barns, stables, helipads, photovoltaic arrays, and maintenance buildings are authorized to support permitted uses.

COUNTY

The County of Monroe, Commonwealth of Pennsylvania.

COUNTY

The County of Monroe, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Monroe County Planning Commission is responsible for the county planning activities for Monroe County, Pennsylvania.

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.

CROSSWALK OR WALKWAY

A strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.

CRUSHER PLANT

An operation which, through machinery, accepts commercially mined products and crushes them to various sizes for the purpose of resale or use by the operator.

CUL-DE-SAC

These facilities are permanently terminated at one end serving a limited number of properties. These facilities are provided with a turnaround at the terminated end and serve only the properties abutting the right-of-way.

DAY-CARE CENTER

A facility which cares for seven or more children or elderly persons for periods of less than 24 hours per day at any hours of any day of the year. See "family day-care home."

DECK

A platform in excess of four feet by five feet or 20 square feet in area at a front, side or rear door and attached to the structure. It should not be construed to include an unattached accessory structure, such as a swimming pool deck.

DEDICATION

The deliberate appropriation of land by its owner for general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

DENSITY

The total number of dwelling units per acre, computed by dividing the total number of dwelling units proposed by the total number of acres to be developed.

DENSITY, AVERAGE

When referring to planned residential development, the total number of dwelling units, proposed or existing, divided by the total area (expressed in acres) of the development.

DENSITY, GROSS

When referring to residential districts, the maximum number of dwelling units per acre of land.

DEPARTMENT

Pennsylvania Department of Transportation.

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.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such 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 PLAN

The provisions for development, including a planned residential development, a plot of subdivision, all covenants relating to use, location and bulk of buildings or other structures, intensity of use or density or development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this act, shall mean the written and graphic materials referred to in this definition.

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 to conform to, and receive Township approval as, a permitted use, special exception or conditional use in the district in which the structure is located.

DIGITAL DISPLAY

The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays. Also see "changeable copy sign" and "changeable electronic variable message sign."

DILAPIDATED SIGN

Any sign which is a potential hazard to the public, structurally unsound, or more than 60% of entire structure is in need of substantial repair, painting or maintenance.

DIRECTIONAL SIGN

A. A sign, erected or permitted in the public right-of-way or on private property by Tobyhanna Township or by another governmental agency, to denote, by way of example but not limited to the following: the name of any thoroughfare or the route to any city, town, village, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, or to denote any railroad crossing, bridge or other transportation company or public utility for the direction or safety of the public.

B. A sign, notice or symbol for information relating to the Federal Aviation Agency, its agents or licensees as to locations, directions, landings and conditions affecting safety in aviation.

DIRECTORY SIGN

A sign that provides a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of giving directions, instructions or facility information and which may contain the name and logo of an establishment but no advertising copy.

DISPLAY FIREWORKS

Defined as more fully set forth in 27 CFR 555.11 (meaning of terms), which is incorporated herein by reference which meets the types of display fireworks devices set forth in the APA Standard 87-1, Section *4.1 which comply with requirements for display fireworks set forth in AP Standard 87-1.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

DISTRIBUTION CENTER

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 function of a distribution center. The functions of distribution centers and warehouses often overlap, but retail sales, manufacturing and assembly, or product processing, are not considered part of the distribution process.

DISTRICT

A portion of the municipality within which certain uniform regulations and requirements or combinations thereof apply under the provisions of the Township of Tobyhanna Zoning Ordinance.(See Chapter 155: Zoning)

DOUBLE-FACED SIGN

A sign with two faces which are usually, but not necessarily, parallel, or on which the angle created by the signs is not greater than 45°.

DRAINAGE FACILITY

Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas.

DRIVEWAY

A privately owned and constructed vehicular access to two or fewer properties of separate ownership from an approved private or public road into a lot or parcel having frontage on the said road.

DUAL FRONTAGE LOTS

Lots which front an one public street and back on another with vehicular access solely from one street.

DWELLING UNIT

Any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons as further defined below:

A. DWELLING, SINGLE-FAMILY
B. DWELLING, TWO-FAMILY
C. DWELLING, MULTI-FAMILY

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family or a group of unrelated persons using such facilities in common.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family or a group of unrelated persons using such facilities in common. See "family" and "granny unit."

DWELLING UNIT, MULTIFAMILY

A residential building containing more than one dwelling unit.

DWELLING UNIT, SINGLE-FAMILY

A residential building containing not more than one dwelling unit.

DWELLING, MULTI-FAMILY

A building containing three or more dwelling units per building and being designed for occupancy of families living independently of each other.

DWELLING, SINGLE-FAMILY

A detached building, designed for and occupied exclusively by one family or a housekeeping unit having separate kitchen and separate bathroom facilities.

DWELLING, TWO-FAMILY

A building containing not more than two dwelling units and being designed for occupancy of families living independently of each other.

EARTH DISTURBANCE

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

EASEMENT

A right-of-way granted, but not dedicated, for a limited use of private land within which the lessee or owner of the property shall not erect any permanent structure.

EFFICIENCY HOTEL

A facility operating transient lodging accommodations on a daily rate for more than six rooms to the general public. Efficiency hotels have cooking facilities in the individual rooms or suites. See "hotel" and "motel."

ELECTRICAL SIGN

An illuminated sign and/or sign structure in which electric wiring, connections and/or fixtures are used as part of the sign proper.

ELECTRICAL UTILITY

Any public utility whose service is furnished by an electromagnetic transmission through a cable, wire, or line. Such electrical utilities include electric power, telephone, telegraph, teletype, and television cable.

EMERGENCY

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

ENCROACHMENT

Construction of any building within the boundaries of any street, setback, watercourse or public or reserved ground shown or laid out on any official map, Township approved plot plan or set forth in this chapter.

ENCROACHMENT

Any building, fill, or other structure place in, along, across, or projecting into a wetland and wetland margins: or any earth disturbance, construction or other activity which alters, damages or destroys a wetland margin or wetland.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.

EXISTING SIGN

Any sign that was erected, mounted or displayed prior to the adoption of this article.

EXTERNAL ILLUMINATION

Artificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.

FAA

Federal Aviation Administration of the United States Department of Transportation.

FACADE

The entire building wall, including street wall face, and parapet, facia, windows and doors on any complete elevation, but excluding any roof or portion thereof.

FAMILY

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

FAMILY DAY-CARE HOME

A private residence where six or fewer children or elderly persons receive care or supervision for periods of less than 18 hours per day at any hours between 6:00 a.m. and 12:00 midnight. See "day-care center."

FARM

A parcel of land in one ownership that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock. The term "one ownership" shall include an individual, corporation, business trust, estate, trust, partnership, association or two or more persons having a joint or common interest in the land. A riding stable or tree farm may be included in a farm.

FCC

Federal Communications Commission.

FEATHER FLAG SIGN A temporary vertical portable sign typically constructed of a single plastic or metal shaft driven into the ground for support or supported by means of an individual stand with an attached harpoon-style pennant that is vertically elongated and attached to the shaft used to draw attention to a commercial or noncommercial message. A feather flag is also known as concave, convex, angled, straight, teardrop, sail, bow flags.

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.

FESTOON LIGHTING

A type of illumination comprised of either: a) a group of incandescent light bulbs hung or strung overhead or on a building or other structure, or b) light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.

FIREWORKS

Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks as set forth in the 2003 International Fire Code including, but not limited to, those compositions or devices defined in APA Standard 87-1.

FISHING CLUBS OR CAMPS

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 fishing, open only to members and guests and involving no buildings other than those for lodging, eating and sanitary facilities for members and guests.

FLAG/FLAG SIGN

A device generally made of flexible material, using cloth, paper or plastic, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol of a government, school or religion, and not containing a commercial message. The term "flag" does not include feather flag signs. For the purpose of this definition a flag may be used to promote a business to be open.

FLASHING SIGN

A sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation. This definition does not include electronic message centers signs or digital displays that meet the requirements set forth herein.

FLAT SIGN

See "wall sign."

FLEA MARKET

A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique, and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in retail trade. Rummage sales and garage sale are not considered to be flea markets.

FLOOD

The temporary condition of inundation of normally dry land areas by the naturally or artificially induced flow or overflow of waters within the Township.

FLOOD AREA

A one-hundred-year floodplain or flood-prone area, including all waters within the Township, except storm sewers, underground water, farm ponds and other privately owned ponds of less than five acres in area.

FLOOD HAZARD AREA

The flood hazard area is that land adjoining any perennial stream or adjoining any ponds or lakes and designated as such on the latest Federal Insurance Administrative Flood Hazard maps of the Township of Tobyhanna.

FLOODPLAIN

One-hundred year floodplain as defined by Section 104 of the Pennsylvania Floodplain Management Act, Act of October 4, 1978, P.L. 851, No. 166, 32 P.S. § 679.104, and the Township of Tobyhanna Floodplain Ordinance. (See Chapter 77: Floodplain Management)

FLOODPLAIN OR FLOOD HAZARD AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the usual and rapid accumulation of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The designation area of floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

FOOTCANDLE

A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footcandle is equal to one lumen per square foot.

FOOTLAMBERT

A unit of emitted light (from a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footlambert is equal to one lumen per square foot.

FREESTANDING SIGN

A sign supported by a sign structure secured in or on the ground and which is wholly independent of any building, fence, vehicle or other support. Also see "pole sign" or "monument sign."

FRONTAGE

The length of the property line of any one parcel serving as a public right-of-way line. In the case of corner lots, the shorter of the two street lines shall be considered the frontage.

GAMBLING ESTABLISHMENTS

Gaming Establishments include all facilities in which forms of gaming are conducted as authorized by the laws of the Commonwealth of Pennsylvania including, without limitation, gaming authorized by:

(i) the Pennsylvania Racehorse Development and Gaming Act, P.L. 572, No. 71, 4 Pa. C.S.A, § 1101, et seq., as amended from time to time (the "Racehorse Development and Gaming Act"); and
(ii) the Racehorse Industry Reform Act, P.L. 435, No. 135, 4 P.S. § 325.101, et seq., as amended from time to time (the "Racehorse Reform Act"). Notwithstanding the foregoing, for purposes of this Ordinance, the term "Gaming Establishments" shall not include or encompass facilities or establishments at which small games of chance are played or facilities participating in any lottery authorized by the Commonwealth of Pennsylvania.

GAMING HOTEL

A facility comprising one or more buildings on a single tract of land under common ownership containing not fewer than 250 guest rooms each of which shall:

(i) contain at least 350 square feet of habitable space measured to the center of perimeter walls, including bathroom, sleeping, and closet space but excluding hallways and balconies;
(ii) contain a private bathroom facility;
(iii) be available and used regularly for the temporary overnight lodging of guests in a facility containing a gaming area licensed pursuant to the Racehorse Development and Gaming Act; and
(iv) be situate in and be part of a Gaming Resort.

GAMING RESORT

One or more parcels contiguous of land the development plan for which contains a Gaming Establishment, a Gaming Hotel, and a combination of residential and non-residential uses including one or more of the following principal or accessory uses in addition to the Gaming Establishment use:

(1) Residential uses of all types including, without limitation, single family detached dwellings, multi-family dwellings, single family attached dwellings, apartments, and condominiums which may be owned individually, in fractional ownership, and/or in time share ownership;
(2) Commercial indoor recreation and entertainment facilities;
(3) Commercial outdoor recreation and amusement facilities including, without limitation, equestrian, hiking, and cross-country skiing;
(4) Golf courses and accessory structures and uses (such as a clubhouse, driving range, and equipment shop);
(5) Hotels, gaming hotels, motels, efficiency hotels, motor lodges, motor courts, and condotels;
(6) Convention, conference, and meeting centers;
(7) Restaurants, bars, lounges, and nightclubs;
(8) Retail stores;
(9) Personal service shops and offices;
(10) Business and professional offices;
(11) Indoor theaters;
(12) Bus terminals;
(13) Garages and parking structures;
(14) Service stations;
(15) Food markets;
(16) Liquor stores;
(17) Day care centers;
(18) Dry cleaning and laundry uses;
(19) Pharmacies;
(20) Barber and beauty shops and salons;
(21) Agricultural, greenhouses, and nurseries;
(22) Car washes;
(23) Heliports;
(24) Communication towers;
(25) Public safety facilities (such as fire, police, emergency medical services and/or other security and public safety services);
(26) Water towers;
(27) Water and sewage treatment plants;
(28) Tram (gondola format) and/or monorail stations and towers and shuttle bus terminals and stations; and/or
(29) Accessory uses.

GARAGE, PRIVATE

An enclosed building accessory to a residence which provides for storage of motor vehicles and in which no occupation, business or service is conducted for profit.

GARAGE, PUBLIC

An enclosed building designed and used for the storage, care or repair of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

GOVERNING BODY

The Township of Tobyhanna Board of Supervisors.

GOVERNMENT SIGN

Signs placed or erected by governmental agencies, fire, fire and rescue, ambulance or other similar organizations directly affiliated with Tobyhanna Township for the public interest, for control of traffic and for other regulatory purposes; street signs; warning signs; railroad-crossing signs; public service signs; signs indicating danger; and aids to service and safety which are erected by or for the government.

GRADE, FINISHED

The completed surfaces of yards, walks, parking areas and roads, brought to grades as shown on approved plans.

GRADE, FINISHED

The completed surfaces of lands, walks, parking areas and roads brought to grades as shown on official plans.

GRAIN-PROCESSING AND -MILLING OPERATIONS

A light manufacturing use that is carried on within an enclosed building for the milling and processing of grain, except for off-street parking and loading facilities and incidental storage. Such use may include a grain processing mill with accessory structures such as grain storage elevators, loadout tower, office, warehouse, distribution and other related facilities which are incidental to the operation of the processing and milling operations, provided that:

(1) Such use must abut and primarily receive products from a railroad siding;
(2) The minimum lot size shall be 20 acres, of which at least 10 acres shall be within Tobyhanna Township; and
(3) There shall be no structures in excess of 40 feet in height within 1,000 feet from the ultimate right-of-way of an interstate or state highway.

GRANNY UNIT

A permit-required unit within a dwelling, containing separate kitchen and plumbing facilities, occupied by anyone of direct lineage to a member of the family of the owner of the dwelling. Granny units do not change the character of a single dwelling unit and may not be rented to the public. See "family" and "dwelling unit, single-family."

GREENHOUSES, PRIVATE

A structure accessory to a residence for the purpose of raising plants and flowers for the enjoyment of the residents only.

GROSS FLOOR AREA

The sum of the gross horizontal areas of every floor of a building, measured from the outside face of exterior walls or from the center line of party or common walls separating two dwelling units.

GUARD SHACK

A building or structure located within a planned community, together with any associated gates and related equipment, which is designed, occupied and operated for the purpose of controlling vehicular access to and from the planned community and public roads.

HABITABLE FLOOR AREA

That portion of the gross floor area within a building having a distance between floor and ceiling of at least seven feet for residential structures and at least 7 1/2 feet for nonresidential structures, and not including garage or accessory building space.

HALO ILLUMINATION

A sign using a three-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect (also known as "back-lit illumination").

HEALTH CARE MEDICAL MARIJUANA ORGANIZATION

A vertically integrated health system [a health delivery system licensed under the Act of July 19, 1979 (P.L. 130, No. 48), known as the "Health Care Facilities Act," in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization] approved by the Commonwealth of Pennsylvania Department of Health to dispense medical marijuana or grow and process medical marijuana, or both, in accordance with research under the Pennsylvania Medical Marijuana Act of 2016, P.L. 84.

HEIGHT

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

HEIGHT (OF SIGN)

The vertical distance measured from the average elevation of the nearest road center line, or the average grade at the sign location, to the top of the sign face or sign structure, whichever is greater.

HEIGHT OF A TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

HISTORIC DESIGNATION

Signs placed on an historic site or building identifying the area or structure as an historic landmark as designated by a local, state, or federal government. If said sign is a wall sign, it shall not exceed six square feet in area.

HISTORIC DISTRICT

A district or zone designated by a local, state, or federal government, within which buildings, structures, and/or appurtenances are deemed important because of their association with history, or because of their unique architectural style and scale.

HOLIDAY DECORATIONS

Signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons (also known as "seasonal decorations").

HOME OCCUPATION

The use or occupation of a portion of a dwelling unit or accessory structure as an office, studio or work room for purposes of income or profit by one or more persons residing in the dwelling unit. The use is accessory and secondary and does not alter the exterior of the property or affect the residential character of the neighborhood by the introduction of noise, fumes, obnoxious odors or other nuisance associated with such home occupation. The home occupation shall not involve the employment of more than the equivalent of one full-time person (48 hours per week) not residing in the dwelling unit or the use of any yard space or outside activity. No home occupation shall occupy more than 25% or more than 400 square feet of gross floor area of the dwelling unit, whichever is greater, or more than 600 square feet of gross floor area in an accessory structure. Lawn mower repair, small engine repair and automobile repair are not included in this definition.

HOME PROFESSIONAL OFFICE

The office of a member of a recognized profession when conducted on residential property; such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, real estate agents, insurance salesmen, barbers, beauticians, financial planners and other recognized professional persons.

HOMEOWNERS ASSOCIATION

An organization operating under recorded agreements through which:

A. Each lot and/or home unit owner in a planned or other described land area is automatically a member.
B. Each lot or unit is automatically subject to charge for a proportionate share of expenses for the organization's activities, such as maintaining a common property and the charge, if unpaid, becomes a lien against the property by the association.

HOMESTEAD LOT

A tract of land where:

(1) The tract is presently owned by the same individual or individuals who have continuously owned the tract since before the year 1977, which represents the first year zoning was implemented in Tobyhanna Township;
(2) If said tract is owned by more than one individual, each owner is related to the other in any of the following ways:

(a) As spouses.
(b) As brothers or sisters (by blood or adoption).
(c) As mothers or fathers (by blood or adoption).
(d) As sons or daughters (by blood or adoption).
(e) As grandparents or grandchildren (by blood or adoption); and

(3) At least one of said owners, and/or any person related to said owner in any category set forth in Subsection (2)(b) through (e) of this definition, have individually or in combination continuously dwelled upon said tract in at least one home, as said person's or persons' primary residence, from before the year 1977 through the present.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal surface zone.

HOSPITAL, ANIMAL

An institution specializing in giving clinical temporary and emergency services of an inpatient or outpatient medical or surgical nature to animal patients or injured animals and which is licensed by state law to provide facilities and services for animal surgery, obstetrics or general medical practice.

HOSPITAL, REGULAR

An institution, including a health care medical marijuana organization, specializing in giving clinical temporary and emergency services of an inpatient or outpatient medical or surgical nature to human patients or injured persons and which is licensed by state law to provide facilities and services, obstetrics or general medical practice.

HOTEL

A facility offering transient lodging accommodations on a daily rate for more than six rooms to the general public. There are no cooking facilities in any individual room or suite of rooms, except in rooms occupied by the owner or manager. This definition does not include efficiency hotels, motels, tourist cabins and tourist or trailer camps. See "efficiency hotel" and "motel."

HUNTING CLUBS AND CAMPS <div style="margin-left:40px">Lands owned by a person or group of persons duly formed as a club, used principally for hunting, open only to members and guests and involving no building other than those for lodging, eating and sanitary facilities for members and guests.</div>

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood; includes areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).

ILLUMINATED SIGN

A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.

ILLUMINATION

ILLUMINATION
A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source.

A. EXTERNAL ILLUMINATION
B. INTERNAL ILLUMINATION
C. HALO ILLUMINATION

IMPROVEMENTS

Those physical additions and changes to the land that may be necessary to provide usable and desirable lots or to buildings to bring it within the desires of the owner. Required improvements shall be those as are listed in this chapter as requirements for the said subdivision or land development. They include but are not limited to roads, stormwater facilities, water systems, sewage systems, erosion and sedimentation facilities and techniques, landscaping, recreational improvements, fire hydrants, street lights, etc.

INCIDENTAL OR INSTRUCTIONAL SIGN

A sign, generally informational, that has a purpose secondary and incidental to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and/or similar directives and which may include a business logo or name.

INCIDENTAL WINDOW SIGN

Signs displayed in the window displaying information such as the business's hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain a commercial message.

INDOOR/OUTDOOR COMMERCIAL RECREATIONAL USE

Indoor and outdoor theaters, nightclubs, art galleries, bowling alleys, skating rinks, billiard parlors, swimming pools, miniature golf courses, miniature racecourses, shooting ranges and other facilities of a similar character. A conditional use permit shall be required for such uses.

INDUSTRIAL PARK

A group of nonnuisance industrial plants on a single parcel of land, or in separate parcels contiguously arranged, so as to form a planned development of industrial sites and/or buildings.

INFLATABLE SIGN

A sign whose dimensions are expanded or which is supported by gases or fluids contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.

INGRESS/EGRESS SIGN

A sign which designates the direction of ingress or egress of a parking area or driveway, such as "in," "out," "one-way," "do not enter" or "no exit," and which may include a business logo or name.

INTERACTIVE SIGN

An electronic or animated sign that reacts to the behavior, electronic signals or electronic devices of motor vehicle occupants, pedestrians or the motor vehicle, except for the sign owner or agent.

INTERNAL ILLUMINATION

A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this article.

JUNKYARD

A parcel of land on which waste material such as inoperative vehicles and other machinery are collected, stored, salvaged, sold or exchanged. An automobile wrecking yard is included in this definition. A conditional use permit shall be required for such uses.

KENNEL

An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

LAND DEVELOPMENT

Any of the following activities:

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

(a) 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) 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.

(2) A subdivision of land.
(3) Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(1.1).

LAND DEVELOPMENT

Any of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(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
(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.

B. A subdivision of land.
C. Development in accordance with Section 503(1.1). Any of the following activities shall be excluded from the definition of "land development," as per provisions provided for in the Municipalities Planning Code, Section 503(1.1), as follows:

(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;
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LAND DEVELOPMENT PLAN

Land development plans depict uses defined as land development and shall be drawn pursuant to this chapter.

LAND OWNER

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.

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 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.

LEGIBILITY

The physical attributes of a sign that allow for an observer's differentiation of its letters, words, numbers, or graphics.

LIGHT TRESPASS

Light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.

LIMITED DURATION SIGN

A nonpermanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period.

LOADING SPACE

A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading people, merchandise or materials. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. See § 155-55M.

LOCAL STREET

These facilities primarily serve land-access for individual uses. Their design and control facilitates the movement of vehicles onto and off of the street system. Through movement should be discouraged in both design and control facilities. Comparable site circulation facilities would be aisles within a parking lot, access drives of a small development or driveways to housing clusters within a planned residential development. Local access streets are further defined as:

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

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 total horizontal area of land enclosed by the boundary lines of the lot and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.

LOT AREA

A computed area contained within the lot lines, excluding space within all roads and public rights-of-way and within all permanent drainage easements, not including the areas of all lot line easements as required by this chapter.

LOT COVERAGE

That percentage of the lot area covered by a building or buildings, including all area circumscribed by all building lines.

LOT DEPTH

The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

LOT FRONTAGE

The horizontal distance measured along the full length of a street line abutting the lot line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.

LOT LINE, FRONT

The line of a street on which a lot fronts or abuts. In the case of corner lots, the shorter of the two street lines shall be considered as the front lot line.

LOT LINE, REAR

The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. The rear setback is measured from the rear point of the lot.

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line, including a lot line of an offset portion of a lot.

LOT LINE, SIDE

The lot line other than the front or rear line.

A. A side lot line separating a lot from a street is called a side street lot line.

LOT MARKER

A solid steel rod not less than 1/2 inch in diameter or less than 24 inches in length or steel pipes not less than 3/4 inch in diameter or less than 24 inches in length or such other markers as the Township Engineer may approve.

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 and rear building lines. 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 WIDTH

The distance between the side lot lines measured at right angles to its depth along the front setback line, except for pie-shaped lots in which case the average distance of the front and rear setback lines shall be used.

LOT, CORNER

A lot bounded on two or more sides by a public or private road or street right-of-way.

LUMBERING

The cutting of trees for commercial purposes.

LUMINANCE

An objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft²). Also see "NIT."

MAINTENANCE GUARANTEE

Security required of a developer by the Township after final acceptance by the Township of improvements installed by the developer.

MAJOR SUBDIVISION

Any division of any part, parcel or area of land that does not qualify as a minor subdivision.

MANUAL CHANGEABLE COPY SIGN

See "changeable copy sign."

MANUFACTURED/MOBILE HOME

A transportable single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED/MOBILE HOME PARK

A parcel of land under single or multiple ownership which has been planned and improved for the placement of two or more manufactured/mobile homes for nontransient use.

MANUFACTURING, LIGHT

(1) Facilities involving processes carried on entirely within a fully enclosed building and includes:

(a) Processing of food.
(b) Grain storage, distribution, processing and milling operations.
(c) Fabrication, processing, assembly, repair, testing, packing and/or storage of products made from previously prepared materials, products, components and parts such as cloth, plastic, food, paper, glass, leather, stones and electric components.
(d) Research and engineering testing laboratories.
(e) Textile and clothing manufacturing.
(f) Furniture and other wood products production.

(2) Light manufacturing shall not include:

(a) Basic industrial processing as defined by industry.
(b) Processing of raw materials except for the milling and processing of grain.
(c) Slaughterhouses or the production of fish or meat products, sauerkraut, vinegar or the like.
(d) Rendering of fats and oils.

MARGINAL ACCESS STREET

These facilities are primarily intended to serve limited access to abutting properties and often are considered alleys. They generally are parallel to local streets providing alternative access to the same abutting properties. These facilities generally provide access to the side or rear of abutting properties.

MARQUEE

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building generally designed and constructed to provide protection from the weather.

MARQUEE SIGN

Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions.

MECHANICAL MOVEMENT SIGN

A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means, but shall not include wind-activated movement such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the Commonwealth of Pennsylvania to dispense medical marijuana. The term does not include a health care medical marijuana organization.

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the Commonwealth of Pennsylvania to grow and process medical marijuana. The term does not include a health care medical marijuana organization.

MEMORIAL SIGN

A memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message.

MENU SIGN

A sign for displaying the bill of fare available at a restaurant, or other use serving food, or beverages.

MESSAGE CENTER SIGN

A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.

MESSAGE SEQUENCING

The spreading of one message across more than one sign structure.

MINI-MART

See "convenience mart."

MINOR SUBDIVISION

Division of land under any of the following classifications:
(1) A division of any part, parcel or area of land which contains no more than five new lots which have a frontage on an existing recorded and approved, private or public street or road.
(2) A division of any part, parcel or area of land that contains new lots served by a private access street or private driveway.
(3) Provided, however, that any minor subdivision:
(a) Involves no new street or extension of any existing street or road.
(b) Involves no installation, extension or improvement of any water or sewer facility.
(c) Is consistent with the Township of Tobyhanna Zoning Ordinance. ( See Chapter 155: Zoning)
(d) Is consistent with all the provisions of the Township of Tobyhanna subdivision and land development regulations.
(e) Is consistent with the Township Development Plan or Official Map.
(f) Provides for and does not adversely affect development of the remainder of the tract.(4) Exception. The joining or annexing of a lot to an existing contiguous lot, parcel or tract of land providing a covenant running with the parcel to be conveyed joins it with and makes it an inseparable part of the parcel to which it is joined is not a subdivision.

MOBILE HOME

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

MOBILE HOME LOT

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

MOBILE HOME PARK

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

MODEL HOUSE

Any structure erected 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. Such use requires a special exception permit.

MODIFICATION

A waiver, granted by the Township of Tobyhanna Board of Supervisors, from the terms and conditions of the Township of Tobyhanna subdivision and land development regulations where literal enforcement would create unnecessary hardship as a result of peculiar or unique conditions or circumstances pertaining only to the regulation in question and when granting the said modification would not be contrary to the public interest.

MODIFICATION or MODIFY

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

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

MONUMENT

A two-inch galvanized concrete-filled pipe at least 36 inches long (preferred 42 inches to 48 inches) or a concrete cylinder with a fiat top at least four inches in diameter or square and at least 36 inches long (preferred 42 inches to 48 inches). Monuments shall contain a copper or brass dowel (plug) one-fourth-inch in diameter or shall have a one-fourth-inch deep indented cross or a one-fourth-inch drill hole one-half-inch deep.

MONUMENT SIGN

A freestanding sign with low overall height that stands directly on the ground or at ground level and which is generally supported by and integrated with a solid base, or what visually appears to be a solid base, where the entire bottom of the sign visually appears to be affixed to the ground. Also known as "ground sign."

MOTEL

A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having parking spaces in proximity to the rooms. See "hotel" and "efficiency hotel."

MOTOR VEHICLE SERVICE STATION

A place for the sale of automotive petroleum products, parts and accessories, plus the servicing of motor vehicles.

MOVING MESSAGE BOARD

Any electrical sign having a continuous message flow across its face by utilization of lights or other electrical or electronic impulses forming various words, figures or designs, excluding a time-and-temperature sign.

MULTITENANT SIGN

A freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.

MUNICIPAL USES

Buildings or land used for local government offices, garages, storage, parks, playgrounds or other governmental uses which are deemed necessary and appropriate by the Board of Supervisors.

MUNICIPALITY

The Township of Tobyhanna Board of Supervisors.

MURAL (or MURAL SIGN)

A large picture/image (including but not limited to painted art) which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/or symbols, but shall not contain a commercial message.

NATURAL FEATURE

May be associated with a wetland or wetland margin.

A. Floodplains.
B. Vegetation cover as a whole, or entire grouping.
C. Streams and rivers.
D. Watercourses and waterfalls.
E. Wetlands.
F. Lakes, ponds, marshes, and bogs.
G. Lake margins.
H. Springs and groundwater recharge areas.
I. Natural swales.
J. Habitats of endangered animal and plant species.
K. Wildlife habitat corridors.
L. Steep slopes over 25%.

NEON SIGN

A sign illuminated by a neon tube, or other visible light-emanating gas tube, that is bent to form letters, symbols, or other graphics.

NET ACRE, MOBILE HOME PARKS

The total area of the proposed development less the total area of the required buffer strip.

NET ACREAGE

The acreage of a lot, tract or parcel of land that does not include any public road or street right-of-way or any permanent specifically designated drainage, slope, utility or other type of easement other than the lot line easements as required by this chapter.

NET DENSITY

Density based upon net area or the lot area.

NIT

A term used to describe a metric unit of luminance defined as candela per square meter (cd/m2). The unit is based on the candela, the modern metric unit of luminous intensity, and the square meter.

NONCONFORMING LOT

A lot with an area or dimension which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING SIGN

Any sign which was lawfully erected or displayed prior to the effective date of this article or any subsequent amendment hereto, but which fails to conform to all the provisions of this article.

NONCONFORMING STRUCTURE OR BUILDING

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

NONCONFORMING USE (airport zoning)

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

NONCONFORMING USE (general)

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

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.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

Wireless communications facilities located or co-located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

NOVELTIES

Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in AP Standard 87-1, Section *3.2.

NURSING HOME, REST HOME OR CONVALESCENT HOME

A home for aged, chronically ill or convalescing persons, where such persons are housed or lodged and furnished with board and nursing care for compensation.

OBSTRUCTION

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 155-146 of this article.

OCCUPANCY

Any use of or activity upon a particular premises.

OCCUPANT(S)

An overnight guest.

OFF TRACK WAGERING FACILITY

A facility licensed pursuant to the provisions of the Racehorse Reform Act for the purpose of Off Track Wagering. An Off Track Wagering Facility shall conform to all of the requirements of the Racehorse Reform Act, including the provision of food and beverage services.

OFFICIAL MAP

The official map as may be established by the Township of Tobyhanna Board of Supervisors pursuant to the Pennsylvania Municipalities Planning Code showing the characteristics of streets, watercourses and public grounds.

OFFICIAL TRAFFIC SIGN

Official highway route number signs, street name signs, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.

OFF-PREMISES SIGN

An outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located (also known as a "third-party sign," "billboard," or "outdoor advertising").

OFF-STREET PARKING

An off-street parking space available for the parking of a motor vehicle and which in this chapter is to be a minimum of 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

OFF-STREET PARKING SPACE

A space not less than 200 square feet required to park one passenger vehicle and which area shall be measured exclusive of access drives.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e, that has a one-percent chance of occurring each year, although the flood may occur in any year).

ON-PREMISES SIGN

A sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same premises where the sign is located.

OPEN SPACE

An area that is intended to provide light and air, and is designed for environmental, scenic, recreational, resource protection, amenity and/or buffer purposes. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel. For open space pertaining to a PRD, see "common open space."

OVERNIGHT GUEST

Any individual lodging overnight at a short-term rental for a period of 30 days or less.

OWNER

The owner of record of a parcel of land.

PANEL

The primary surface of a sign upon which the message of the sign is carried.

PARAPET

A vertical false front or wall extension above the roofline.

PARK AND RIDE

A parking facility in proximity to a bus, train or other mass transit station or stop.

PARKING SPACE

Area used for the parking of a registered motor vehicle.

PENNANT

A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.

PERFORMANCE GUARANTEE

A written instrument which may be accepted by the Township Board of Supervisors in lieu of a requirement that certain improvements be made by a subdivider or developer before the record plan is released for recording, which shall provide for the deposit with the Township financial security in an amount sufficient to cover the costs of any improvements or common amenities including, but not limited to, streets, sanitary sewage facilities, water supply and distribution facilities, open space improvements and buffer, screen, or landscaping plantings which may be required.

PERMANENT SIGN

A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.

PERMIT, BUILDING

A certificate issued by the appropriate officer of the Township for the construction, reconstruction or alteration of a building upon approval of the submitted application and plan, indicating compliance with this chapter and all other requirements for the district in which it is located or is to be located.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued by the appropriate officer of the Township upon completion of the construction of a new building, or prior to commencement of a more restrictive use of a building, which certifies that all requirements of this chapter or such adjustment therefrom which has been granted by the Zoning Hearing Board or Board of Supervisors have been met and that the purpose for which a building or land is to be used is in conformance with the uses permitted within this chapter and all other applicable regulations for the zone in which it is located or is to be located.

PERMIT, CONDITIONAL USE

A certificate issued by the appropriate officer of the Township for the conditional use which states that the requirements governing conditional uses in the chapter and all other applicable requirements have been complied with as authorized and approved by the Board of Supervisors.

PERMIT, SPECIAL EXCEPTION

A certificate issued by the appropriate officer of the Township for the use of a special exception which states that the requirements governing special exception uses in the chapter and all other applicable requirements have been complied with as authorized and certified by the Zoning Hearing Board.

PERMITTED ACCESSORY BUILDINGS

Storage buildings, garages, greenhouses, swimming pools, animal shelters, none of which shall be used for commercial purposes, and other buildings of like kind and use that are clearly incidental to the principal use and do not include any activity commonly conducted as business.

PERSON (airport zoning)

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 (general)

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

PERSON(S) IN CHARGE

Person(s) or agent(s) with authority to represent the owner for purposes of emergency and nonemergency contact and communication regarding the owner's short-term rental.

PERSONAL EXPRESSION SIGN

A sign that expresses an opinion, interest, position, or other noncommercial message.

PLAN OR PLAT

A map or drawing indicating the development or subdivision of a parcel of land in its various stages.

PLAN, AS-BUILT

An as-built plan is an original contract, layout, or subdivision plan which has been revised to show the actual final locations, dimensions, etc., of buildings and/or municipal improvements actually constructed or to show revised lot lines and/or street lines.

PLAN, FINAL

A complete and exact subdivision map prepared for official recording and drawn and submitted in accordance with the requirements of these regulations and including all necessary supporting documents.

PLAN, PRELIMINARY

The preliminary map or maps of a proposed subdivision drawn and submitted in accordance with the requirements of these regulations and including all necessary supporting documents.

PLAN, RECORD

The copy of the final plan which contains the original endorsements of the Township Planning Commission, Board of Supervisors, and County Planning Commission, which is intended to be recorded with the County Recorder of Deeds.

PLAN, SKETCH

The sketch map or maps of the proposed subdivision drawn and submitted in accordance with the requirements of these regulations.

PLANNED COMMERCIAL RETAIL ENTERTAINMENT AND DINING DEVELOPMENT MASTER SIGNAGE PLAN

A comprehensive advertising sign plan submitted as a permitted accessory use intended to enhance the common scheme and architecture of the development comprising identification of users/tenants, uses, and directional signs consistent with the criteria set forth at § 155-16.1E(2).

PLANNED COMMUNITY

Real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and condominium, but a condominium or cooperative may be part of a planned community. For purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in the real estate.

PLANNED COMMUNITY COMMON AREAS

Any real estate within a planned community which is owned by a property owners' association of said planned community or leased to the property owners association of said planned community. This term does not include the residential units or lots designated for separate ownership or occupancy by a person or entity other than the property owners' association of a planned community.

PLANNED RESIDENTIAL DEVELOPMENT

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

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or regulations established in any one district created, from time to time, under the provisions of the Township of Tobyhanna Zoning Ordinance. (See Chapter 155: Zoning)

PLANNING COMMISSION

The Township of Tobyhanna Planning Commission created, and the members thereof appointed, pursuant to Article XX-A of the Second Class Township Code.

PLANNING COMMISSION

The Planning Commission of Tobyhanna Township.

PLANNING COMMISSION RECORDING SECRETARY

The staff administrator authorized by the Township to administer the subdivision and land development regulations of the Township.

PLAT OR PLAT PLAN

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

POLE FACILITY

A wireless communications facility located in the public rights-of-way with a support structure consisting of a single new utility pole installed for the primary purpose of supporting one or more WCF.

POLE SIGN

A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.

POLITICAL SIGN

A sign erected by a political candidate, group, advocate or agent thereof for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters shall vote.

PORTABLE SIGN

A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure. Also see "sandwich board sign" and "vehicle sign."

PRD

An abbreviation for "planned residential development."

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.

PREFABRICATED HOME or MODULAR HOME

A single-family dwelling exceeding 20 feet in width designed for transportation after fabrication on streets and highways on its own wheels or on a flatbed trailer and arriving at a site ready to be occupied as a dwelling except for assembly operations and location on a permanent foundation and connection to utilities.

PREMISES

Fully defined in 67 Pa. Code § 445.2, the property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged in connection with the buildings or uses.

PRESERVE

An area covering 1,000 acres or more in a continuous parcel and owned by individuals formed into an association or corporation for residential and recreational purposes, open only to members, guests and employees of said association or corporation and containing conservation and recreational areas, dwellings of members and employees, community buildings and services, street and sanitation facilities for use only by members, guests and employees of said association or corporation.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 155-146: Airport surface zones of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is situated. All attached structures shall be considered a party of the principal building.

PRINCIPAL PERMITTED USE

Primary use as specified for each district together with any use customarily incidental to the primary use or building and located on the same lot with such principal use or building.

PRIVATE AIRPORT

An airport that is privately owned and that is not open or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.

PRIVATE DRIVE SIGN

A sign indicating a street or drive which is not publicly owned and maintained and used only for access by the occupants of the development and their guests.

PRIVATE STREET

These facilities can be any of the other street classifications except that they are not dedicated for public use. They serve abutting properties and collect or distribute local traffic and shall be designed according to their classification of public road, since they may or may not be dedicated for public use in the future.

PROJECT SIGN

See "construction sign."

PROJECTING SIGN

A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, which extends outward for more than 12 inches from the facade, not to include signs located on a canopy, awning, or marquee (also known as "blade sign"). Also see "shingle sign."

PUBLIC AIRPORT

An airport that is either publicly or privately owned and that is open to the public as defined in 74 Pa.C.S.A. § 5102.

PUBLIC GROUND

Includes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. Sites for schools, sewage treatment, water facilities, refuse disposal and other publicly owned or operated facilities; and
C. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with 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), known as the "Sunshine Act."

PUBLIC NOTICE

Notice given not more than 30 days and not less than seven days in advance of any public hearing required by this chapter. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.

PUBLIC RIGHT-OF-WAY LINE

The line where the property meets the public right-of-way for a street or other public way, provided that this definition shall not include unimproved alleys, easements or other similar uses.

PUBLIC RIGHT-OF-WAY SIGN

The line where the property meets the public right-of-way for a street or other public way, provided that this definition shall not include unimproved alleys, easements or other similar uses.

PUBLIC SIGN

A sign erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities.

PUBLIC UTILITY

A private corporation or municipal authority with a franchise for providing a public service which operated under the regulation of federal, state and/or local government.

PUBLIC UTILITY FACILITIES

Telephone, electric, gas and cable television lines, poles, equipment and structures; sewer and gas pipes, mains, valves, pumping stations or structures; telephone exchanges and repeating stations and all other facilities, equipment and structures necessary for conducting a service by a public utility.

PUBLIC UTILITY TRANSMISSION TOWER

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

PUBLIC WAY

Any street, highway, road, path or right-of-way, whether privately or publicly owned, which is designed or used for vehicular or pedestrian traffic either by public right or custom, or by invitation to the public of two or more common owners, including unimproved alleys and easements.

PUMP TOPPER SIGN

A double-sided sign, either made of plastic or aluminum that is mounted on top of a fuel pump by either metal or plastic framing which can be changed periodically via inserts that advertises store products, fuel pricing or danger warnings.

REAL ESTATE SIGN

A temporary sign erected by the owner or his agent advertising the real property upon which the sign is located for rent, for lease or for sale.

REFLECTIVE SIGN

A sign containing any material or device which has the effect of intensifying reflected light.

REGULATORY FLOOD ELEVATION

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

REPLACEMENT

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

RESIDENTIAL NAME-AND-ADDRESS SIGN

One freestanding or wall sign per unit, with an area not exceeding three square feet, which identifies the name of the occupant and/or street address of the dwelling unit. See also Chapter 115: Signs for Building Numbers and Streets.

RESORT

A business combining lodging, eating and recreational facilities for lodgers and/or non-lodgers as a single enterprise offered to the public at large or any segment thereof. A resort shall include lodging for tourists in one or more buildings having a total of not fewer than 250 guest rooms, not including bed and breakfast establishments, campgrounds, recreational vehicle parks or mobile home parks. A resort may include residential uses of all types including, without limitation, single family detached dwellings, multi-family dwellings, single family attached dwellings, apartments, and condominiums which may be owned individually, in fractional ownership, and/or in time share ownership. Amenities may include conference centers, retail sales, spas, beauty salons, barber shops, restaurants, indoor and outdoor recreational facilities, health centers, day care centers, facilities for commercial special events, and employee living quarters.

RESTAURANT

Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating at the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

RESTAURANT, FAST-FOOD

An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service; or prepared, fried or griddled quickly; or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. The establishment may include a drive-up or drive-through facility or a facility which offers curb service.

RESUBDIVISION

Any subdivision or transfer of land which does not increase the total number of lots shown on an approved final plan but which alters or relocates individual lot lines or changes any improvement as shown on an approved final plan.

RETAINING WALL

A solid or integrated vertical structure in excess of four feet in height designed for the separation or retention of varying ground levels.

REVIEW

The official examination of plans of subdivisions as required by law by appropriate agencies; commissions and bodies and designated by the signatures of authorized representatives.

REVOLVING SIGN

A sign which revolves in a circular motion (rotating) rather than remaining stationary on its supporting structure.

RIDING STABLE

A facility for the boarding and exercising of horses and similar animals for profit.

RIGHT-OF-WAY

Land set aside for use as a street, alley or other means of travel.

ROOF

The exterior upper covering of a building or portion of a building.

ROOF SIGN

A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way, not to extend above the roof's highest point.

ROTATING SIGN

Any sign which revolves around one or more fixed axes.

RUNWAY

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

SANDWICH BOARD SIGN

A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians. See "portable sign" (also known as "A-frame sign").

SANITARY SEWAGE DISPOSAL, COMMUNITY

A public or private system of piping where sewage flows to a central plant for treatment which is either discharged into the waters of the Commonwealth or treated and disposed of by means of land application.

SANITARY SEWAGE DISPOSAL, INDIVIDUAL

A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance to another site for final disposal.

SCOREBOARD

A sign contained within an athletic venue and intended solely to provide information to the attendees of an athletic event.

SCREENING

(1) Generally, the method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.
(2) Specifically, a row of dense evergreen hedges or shrubbery planted at four feet on center in a single row or at eight feet on center in two staggered rows or a ten-foot swath of existing vegetation augmented as necessary. A screen shall not be less than three feet in height at planting or have a normal mature height of less than six feet. In the event that there is no existing vegetation and planting is impractical because of soil conditions or other peculiarities, a fence of between five feet and seven feet in height above the grade of the area to be shielded may be considered a screening. See "buffer strip."

SECURITY SIGN

An on-premises sign regulating the use of the premises, such as a "no trespassing," "no hunting," or "no soliciting" sign (also known as "Warning sign").

SERIAL SIGNS

A series of temporary signs erected for the purpose of designating the location of or directing the public to a particular property or activity.

SERVICE ROAD

A street or road generally paralleling and abutting major streets to provide access to adjacent property so that each adjacent lot will not have direct access to the major street.

SETBACK

The required minimum horizontal distance between the building line and the related front, side or rear property line, or right-of-way line, if nearer to the building line, which may include a buffer strip. See "buffer strip."

SEWAGE ENFORCEMENT OFFICER

The person or persons charged with the administration and enforcement of Title 25 of the Pennsylvania Code.

SEWAGE SYSTEM, CENTRALIZED

A system designed and constructed to collect, convey, centrally treat and dispose of sewage from a specific service area.

SEWAGE SYSTEM, PUBLIC

A centralized sewer system developed and administered by a governmental agency or authority.

SHIELDED

The description of a luminaire from which no direct glare is visible at normal viewing angles, by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts, or visors.

SHINGLE SIGN

A sign, other than a wall sign, that is supported from a bracket or other mounting device attached directly to the building, or a sign that is suspended from the underside of a building overhang.

SHORT-TERM ONLINE PLATFORM(S)

Any online search engine, digital service and/or brokerage firm that facilitates interactions between two or more distinct but interdependent sets of users who interact through the service via the internet, with the digital service provider promoting and acting as an agent in offering, providing, and managing rental opportunities for specifically identified short-term rental properties. This includes a person or entity that provides a means through which an operator may offer a dwelling unit for short-term rental use, and from which the person or entity financially benefits.

SHORT-TERM RENTAL

Any dwelling unit utilized and rented for the purpose of overnight lodging for a period of less than 30 days, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the County of Monroe as defined in the County of Monroe Ordinance No. 2004-03, as amended.

SHORT-TERM RENTAL

Any dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the County of Monroe as defined in the County of Monroe Ordinance No. 2004-03, as amended.

SHORT-TERM RENTAL CAPACITY LIMIT

The maximum overnight occupancy of an STR.

SHORT-TERM RENTAL OPERATOR

Person(s) or agent with authority to make decisions with regard to the management of the short-term rental. The STR operator may be the owner, the person(s) in charge or a designated representative who can legally bind the STR owner in their absence.

SHORT-TERM RENTAL PERIOD

The minimum time period allowed for renting a short-term rental unit.

SHORT-TERM RENTAL PERMIT

Permission granted by the Township to utilize a dwelling unit for short-term rental use.

SHORT-TERM RENTAL PERMIT APPLICATION

An application by the Township of Tobyhanna which must be completed by the STR owner or operator.

SHORT-TERM RENTAL PERMIT RENEWAL APPLICATION

An application required by the Township of Tobyhanna which must be completed by the STR owner or operator for the renewal of a short-term rental permit after the annual term.

SHORT-TERM RENTAL PLATFORM

Any online platform and/or brokerage firm promoting and acting as an agent in offering, providing, and managing rental opportunities for specifically identified short-term rental properties.

SHOULDER

The improved portion of a street immediately adjoining the travelway, for parking and for access to abutting properties.

SIGHT DISTANCE

The length of street, measured along the center line, which is continuously visible from any point 4 1/2 feet above the center line to an object four inches above the road surface.

SIGN

Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images, excluding national or state flags, window displays, graffiti, athletic scoreboards or the official announcement or signs of government.
See § 155-20: Definitions for a complete list of definitions related to Signs.

SIGN AREA

A. The area of a sign shall include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed (but not including any supporting framework and bracing incidental to the display itself).
B. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
C. In computing square foot area of a double-faced sign, only one side shall be considered. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
D. The size of any sign shall be computed by multiplying its greatest height by its greatest length exclusive of supporting structures, unless the supporting structure is illuminated or is in the form of a symbol or contains advertising copy. In the case of signs that have no definable edges, such as raised letters attached to a building facade, the sign shall be that area within a single, continuous perimeter enclosing the extreme limits of the actual message or copy area.

SIGN FACE

The part of the sign that is or can be used for the sign area. The sign area could be smaller than the sign face.

SIGN HEIGHT

See "height of sign."

SIGN STRUCTURE

A supporting structure erected, used or intended for the purpose of identification or attracting attention, with or without a sign thereon, situated upon or attached to the premises, upon which any sign may be fastened, affixed, displayed or applied; provided, however, that this definition shall not include a building, fence, wall or earthen berm.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot, tract or parcel of land by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot, tract or parcel by either a separate deed or a separate deed description of a lot.

SITE ALTERATIONS

The disturbance of any topsoil or moving of earth which changes the existing topography.

SMALL WIRELESS COMMUNICATIONS FACILITY

A wireless communications facility that meets the following criteria:

(1) The structure on which antenna facilities are mounted:

(a) Is 50 feet or less in height; or
(b) Is no more than 10% taller than other adjacent structures; or
(c) Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and

(2) Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and
(3) All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.
(4) The facilities do not require antenna structure registration under 47 CFR Part 17;
(5) The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SNIPE SIGN

A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner (also known as "bandit sign").

SOUND LEVEL

The quantity in decibels measured by a sound-level meter satisfying the requirements of American National Standards Institute Specification for Sound-Level Meters S1.4-1971. Sound level is the frequency-weighted sound pressure level obtained with the standardized dynamic characteristic "fast" or "slow" and weighting A, B or C; unless indicated otherwise, the A-weighting is understood. The unit of any sound level is the decibel, having the unit symbol dB.

SOUND LEVEL, EQUIVALENT

The level of a constant sound which, over a given time interval and situation, has the same sound energy as a time-varying sound.

SPECIAL EVENT

Gathering of individuals generally lasting from a few hours to a few days designed to celebrate, honor, discuss, teach about, encourage, observe or influence human endeavors. A special event is but not limited to firework displays, carnivals, circus, bazaar, parades, fairs, or any assembly, gathering, activity or meeting. This does not include sidewalk sales where merchandise normally sold indoors is transferred from indoors to outdoors for sale. Yard sales, garage sales and similar activities are not regarded as special events.

SPECIAL EVENT SIGN

A sign that carries a message regarding a special event or function that is of general interest to the community.

SPECIAL EVENT, COMMERCIAL

An event or function held at a business located within the Township, such as grand openings, tent sales and sidewalk sales, limited to not more than four events per calendar year.

SPECIAL EVENT, GENERAL

An event or function which is held in the Township and of general interest to the community, such as bazaars, fairs, festivals and activities generally viewed as fund-raisers for the benefit of nonprofit organizations and volunteer activities, limited to not more than four events per organization per calendar year.

STEALTH TECHNOLOGY

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

STORAGE BUILDING, NONRESIDENTIAL

A structure accessory to a nonresidential use for the purpose of holding goods, tools or other items incidental to the nonresidential use, offering such protection from the elements and keeping them from common view.

STORAGE BUILDING, RESIDENTIAL

A structure accessory to a residence for the purpose of holding household goods, tools or other personal items, offering such protection from the elements and keeping them from common view.

STOREFRONT

The exterior facade of a building housing a commercial use visible from a street, sidewalk, or other pedestrian way accessible to the public and containing the primary entrance to the commercial establishment. Also see "facade."

STORY

That part of a building between the surface of any floor and the next floor above it or, in the absence of a next floor, then the finished ceiling or roof above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. See "building height."

STREAMERS

A display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.

STREET

Includes any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets are further classified by the functions they perform:

(1) Local access streets have the sole purpose of providing frontage for service and access to private lots. These streets carry only traffic having either destination or origin on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential neighborhood.
(2) Minor local access streets are access streets that provide frontage for lots and may carry a small amount of residential through traffic collected only from tributary residential access streets.
(3) Major local access streets are streets that conduct and distribute traffic between other streets of lower order in the street hierarchy and higher-order streets or major activity centers. This is the highest order of street appropriate to a residential neighborhood, and residential frontage along it should be prohibited or severely restricted.
(4) Higher-order streets exist but do not belong within a residential area and should be excluded. These include:

(a) Arterials which are interregional roads conveying traffic between towns, boroughs and other urban centers. Efficient movement is the primary function of arterial roads; hence, private access and frontage should be controlled and limited to high-volume generators of vehicle trips.
(b) Expressways which are limited-access interregional arterial routes (superhighways). They are designated exclusively for unrestricted movement, have no private access and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement.

STREET

Any avenue, boulevard, road, lane, parkway, viaduct, or other way for the movement of vehicular traffic which is an existing state, county, Township roadway, or way shown upon a plan and includes the land between street or right-of-way lines, whether unimproved or improved with pavement, gutters, sidewalks, parking areas and other areas within the right-of-way.

STREET FRONTAGE

The side or sides of a lot abutting on a public street or right-of-way.

STREET LINE

That line determining the limit of the rights of the public or other private users.

STREET POLE BANNER

A banner suspended above a public sidewalk and attached to a single street pole. These signs shall not contain any commercial advertising.

STRUCTURE (airport zoning)

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

STRUCTURE (general)

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, among other things, stadiums, platforms, radio towers, sheds, storage bins, swimming pools and fences which are more than 50% solid.

STUB STREET

A street or road extending from within a subdivision boundary and terminating therein with no permanent vehicular turn around. Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adequate connecting street system.

SUBDIVIDER

That person owning an interest in the land being subdivided who shall be the party responsible for the subdivision.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels of land 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, further classified and defined as follows:

A. MINOR SUBDIVISION
B. MAJOR SUBDIVISION
C. The term "subdivision" shall refer, as appropriate in the Township of Tobyhanna subdivision and land development regulations, to the process of subdividing land or to the land proposed to be subdivided.

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.

SUBSTANTIALLY CHANGE or SUBSTANTIAL 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 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 eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater:

(a) 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 station, 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 eligible support structures, 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 associated with the structure;
(4) It entails any excavation or deployment outside the current site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in 47 CFR 1.40001(b)(7)(i) through (iv).

SUPERVISORS

The Tobyhanna Township Board of Supervisors.

SURVEYOR

A professional land surveyor licensed as such in the Commonwealth of Pennsylvania.

SWIMMING POOL, PRIVATE

Any reasonably permanent pool or open tank located or constructed as an accessory use to a residential structure and used or intended for the private use of the residents of the dwelling unit and their guests for swimming and bathing purposes.

SWIMMING POOL, PUBLIC OR BATHING PLACE, PUBLIC

Any open or enclosed place, open to the public for amateur and professional swimming or recreational bathing, whether or not a fee is charged for admission or for the use thereof.

SWINGING SIGN

A sign installed on an arm, mast or spar, which sign is not permanently fastened to an adjacent wall, porch ceiling, overhang, canopy or upright pole. Also see "shingle sign."

TEMPORARY CONSTRUCTION BUILDING

A building erected on a lot for temporary use in conjunction with construction on that lot. Such building shall cease to be a temporary construction building three months after the construction is completed or after a period of nine months of construction inactivity on the project, whichever occurs first. A permit is required with an expiration date on it.

TEMPORARY SIGN

Any sign intended to be erected or displayed for a limited period as hereinafter set forth in § 155-36: Temporary signs and standards.

TIME-AND-TEMPERATURE SIGN

An electrical sign utilizing lights, which periodically display the current time and temperature.

TOURIST DEVELOPMENT PROJECT (TDP)

A use consisting of cluster commercial development regulated as a permitted use on a parcel or parcels of land, individually or separately owned but nevertheless subject to a common scheme of development, located in the Tourist Development Project District comprised of uses that are permitted by right in the Tourist Development Project District under § 155-16.1: Tourist Development Project (/"TDP\") Zoning District. of the Zoning Ordinance, and where such uses rely upon, among other things, common infrastructure and common access. An applicant for a TDP shall submit a master plan to the Board of Supervisors with a land development plan that shall correspond in lot size, bulk, type of buildings, use, density, intensity, lot coverage or open space to regulations established in the Tourist Development Project District, except as otherwise waived by the Board of Supervisors.

TOURIST DEVELOPMENT PROJECT MASTER SIGNAGE PLAN (MASTER SIGNAGE PLAN)

A comprehensive advertising sign plan submitted as a permitted accessory use intended to enhance the common scheme and architecture of the development comprising identification of users/tenants, uses, and directional signs consistent with the criteria set forth at § 155-16.1E(2).

TOURIST DEVELOPMENT PROJECT PARKING PLAN (MASTER PARKING PLAN)

A comprehensive off-street parking, loading and unloading plan submitted as a permitted accessory use providing for off-street parking, loading and unloading consistent with the criteria set forth at § 155-16.1D.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the primary purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles.

TOWING BUSINESS

To tow, haul or transport a vehicle from one location to another by rollback, trailer, or tow truck.

TOWNSHIP

Township of Tobyhanna, Monroe County, Pennsylvania.

TOWNSHIP

Tobyhanna Township

TOWNSHIP ENGINEER

The Engineer for the Township of Tobyhanna.

TOWNSHIP SECRETARY

The Secretary of the Township of Tobyhanna.

TOWNSHIP SOLICITOR

The Solicitor for the Township of Tobyhanna.

TRAFFIC DIRECTION/SAFETY SIGN

A sign consisting of written directions and/or an arrow or arrows and is designed, sized and erected solely for the purpose of vehicular or pedestrian traffic direction or safety.

TRANSFERABLE DEVELOPMENT RIGHTS

The attaching of development rights to specified lands which are desired by the Township 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 RESIDENTIAL USE

Use limited to hotel, motel, efficiency hotel, or bed-and-breakfast inn use as defined herein, and excluding any other residential or other use.

TRANSIENT USE OF RESIDENTIAL PROPERTY

The profit-making use, by any person, of residential property for transient lodging uses where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession or tenancy is less than 30 consecutive calendar days.

TRANSITIONAL SURFACES

These surfaces extend outward at 90-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway center line.

TRAVELED WAY

That part of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lands.

TRAVELWAY

The portion of a road cartway used for steady movement of vehicles.

TREE

Any object of natural growth.

TRI-VISION BOARDS

An outdoor unit with a slatted face that allows three different copy messages to revolve at intermittent intervals.

TRUCK TERMINAL

An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. Truck terminals are basically transshipment facilities and often 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 a truck terminal.

UNDEVELOPED LAND

Land in parcel sufficiently large for future subdivision which is presently in agriculture, woodland or lying fallow.

UTILITY

A public, private, municipal and/or governmental entity or agency which constructs, maintains and operates underground or overhead gas, electric, steam, water, sewage, telephone or cable transmission or distribution systems, including the attendant buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, alarm boxes, call boxes, traffic signals, hydrants and other similar equipment and accessories reasonably necessary for the furnishing of adequate service by such utilities for the public health or general welfare. (Requires a special exception permit.)

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.

VEHICLE SIGN

Any sign affixed to a vehicle and used in such a manner that the carrying of such sign or signs is no longer incidental to the vehicle's primary purpose, but becomes the primary purpose itself. Vehicle signs shall be prohibited in Tobyhanna Township.

VENDING MACHINE SIGN

A sign displayed on a vending machine indicating the name of the product being sold and/or the price of such product.

VIDEO SIGN

A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which mimic the illusion of motion, including but not limited to moving objects, moving patterns or bands of light, or expanding and contracting shapes and/or fade, dissolve, travel or scrolling features. "Video signs" include projected images or messages with these characteristics onto buildings or other objects, including electronic graphic signs. "Video signs" shall not include LED gas price illuminations.

VIOLATIONS

Any action or inaction by the STR owner or renter that is noncompliant with any provision of the STR Ordinance.

VISUAL RUNWAY

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

WALL SIGN

WALL SIGN
A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface, extending not more than 12 inches from the facade of a building. A sign installed on a false or mansard roof is also considered a wall sign (also known as: "fascia sign," "parallel wall sign," or "band sign"). Also see ‘flat sign’.

WAREHOUSE

A building used primarily for the storage of goods and materials. Warehouses may be for long-term or short-term storage. Short-term storage facilities for a specific commercial establishment are called "distribution centers."

WATER FACILITY

Any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water.

WATER SUPPLY SYSTEM, CENTRALIZED

A system designed and constructed to transmit and distribute water from a common source to all users in all portions of a proposed development or specified area.

WATER SUPPLY SYSTEM, PUBLIC

A supply system serving a portion of a municipality or municipalities developed and administered by a governmental agency or authority.

WATER SUPPLY, CENTRAL

A public or private utility system designed to supply and transmit water from a common source to two or more users in compliance with the Pennsylvania Department of Environmental Protection regulations.

WATER SUPPLY, INDIVIDUAL ON-SITE

A system for supplying and transmitting water to a single-family dwelling or other buildings from a source located on the same lot in compliance with the Pennsylvania Department of Environmental Protection regulations.

WATERCOURSE

A discernable, definable natural course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations. A watercourse may originate from a lake or underground spring(s), and may be permanent in nature or it may originate from a temporary source such as runoff from rain or melting snow.

WATERS WITHIN THE TOWNSHIP

Any and all rivers, streams, creeks, impoundments, lakes, dammed water and all other bodies or channels of conveyance of surface or underground waters or parts thereof, whether natural or artificial, wholly or partly within or forming part of the boundary of this Township, provided that, for the purpose of this chapter, "waters within the Township" shall exclude farm ponds and other privately owned ponds of less than five acres in area.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.).

WETLANDS

Those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturate soil conditions.

WINDOW SIGN

Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material behind a store window are not considered signs.

WIRELESS

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

WIRELESS COMMUNICATIONS FACILITY (WCF)

An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).

YARD, FRONT

An open, unoccupied space on the same lot as the principal building, extending the full width of the lot and situated between the front lot line and the building line, the minimum depth of which shall be determined by the required front setback.

YARD, SIDE

An open, unoccupied space between the side line of the lot and the nearest side of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines as the case may be, the minimum width of which shall be determined by the required side setback.

ZONING HEARING BOARD

The Zoning Hearing Board of Tobyhanna Township.

ZONING OFFICER

The person or persons charged with the enforcement of this chapter.

ZONING ORDINANCE

The Zoning Ordinance of the Township of Tobyhanna. (See Chapter 155: Zoning)

Township of Tobyhanna, PA

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