GUIDE TO USING THIS ZONING ORDINANCE

ARTICLE II

DEFINITIONS

§201. Inclusions.

As used in this Ordinance words expressed in the singular include their plural meanings and words expressed in the plural include their singular meanings. The words applicant, developer, person, subdivider and owner include a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word building includes structures and shall be construed as if followed by the phrase or part thereof. The word street includes thoroughfare, avenue, boulevard, court, expressway, highway, lane, arterial and road and shall be construed as if followed by the phrase or part thereof. The words should and may are permissive, the words must, shall and will are mandatory and directive.

§202. Definitions.

The following words or phrases, when used in these regulations shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

ACCESSORY USE OR STRUCTURE: A use of land or of a structure or portion thereof incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. A portion of a principal building used for an accessory use shall not be considered an accessory structure.

ADJUSTED TRACT ACREAGE (ATA): The tract area remaining when slopes in excess of twenty five percent (25%) and all wetland areas have been deducted from the gross tract acreage. ATA is used to calculate both density and open space. See Articles 313, 314 and 315 for specific density, lot and yard requirements.

ADULT ENTERTAINMENT ESTABLISHMENT: An establishment, such as an adult bookstore or boutique, having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, films, or devices that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas. An establishment, such as an adult cabaret, devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas, or that features topless or nude dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation, and or participation by patrons. An establishment, such as an adult cinema, presenting motion picture material, within a theatre, rooms, or booths, distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

After Hours Club: A use that permits the consumption of alcoholic beverages by 5 or more unrelated persons between the hours of 2 a.m. and 6 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.

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

AGRICULTURAL PRODUCTION/LIVESTOCK PRODUCTION: An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops or commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

AIRPORT: An area and related support facilities used for the landing and take-off of motorized aircraft that carry people.

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

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

AMUSEMENT FACILITY: A tract or area used principally as a location for permanent amusement structures or rides, or engages in activities which are subject to amusement tax. These include, but are not limited to, amusement parks, racetracks, golf courses, arcades, miniature golf, go-cart or all terrain vehicle tracks, driving ranges, commercial picnic areas and lakes, pay fish ponds, bowling alley, pool halls, climbing facilities, indoor sports arenas or similar uses.

ANIMAL HOSPITAL: See definition for Animal Kennel.

ANIMAL HUSBANDRY: The commercial breeding and commercial use of animals and the keeping for commercial breeding, raising, boarding or use of fowl, goats, pigs, sheep, or larger animals such as cattle, horses, exotic cats, ostriches, emus etc.

ANIMAL KENNEL: A commercial establishment where dogs and cats are bred, raised, boarded or trained. Animal Hospitals that board animals will follow the guidelines for animal kennel. The keeping of a reasonable number of customary household pets is not considered with the definition of animal kennel.

ANTENNA, COMMERCIAL COMMUNCIATIONS TOWER OR ANTENNA: A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna". Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A commercial communications tower shall be a structure over thirty (30) feet in height that is primarily intended to support one or more antenna. See standards in Section 402.

A. Guyed Tower. A Commercial Communications Tower that has diagonal cables running from the sides of the tower to the ground.

B. Lattice Tower. A Commercial Communications Tower that involves a structure with multiple legs and cross supports.

C. Monopole Tower. A Commercial Communications Tower that involves a single shaft as its structural support. One or more platforms are typically placed at the top of the tower to hold antenna.

D. Self-Supporting Tower. A Commercial Communications Tower that does not use guy wires and is not attached to a principal building.

ANTENNA, STANDARD: A device, partially or wholly exterior to a building, that is used for receiving television or radio signals for use on-site, or for transmitting short-wave or citizens band radio signals.

APPLICANT: A landowner or agent, as hereinafter defined, who has filed an application for the purpose of obtaining approval in accordance with this Ordinance.

APPLICATION: Any application required to be filed for approval in accordance with the requirements of this Ordinance.

ASSISTED LIVING FACILITY: Residences that provide rooms, meals, personal care, and supervision of prescribed medication. They may provide other services, such as recreational activities, financial services, and transportation.

ATTIC: Non-living space in or above a dwelling unheated with headspace of less than six and one-half (6.5) feet.

AUTO SERVICE STATION: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels, servicing and repair of motor vehicles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. This includes gas stations and vehicle repair. This may include a convenience store provided that all requirements applicable to such use are met.

AUTO REPAIR GARAGE: An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "Auto Service Station". An Auto Repair Garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "Auto Service Station" is also permitted as part of an "Auto Repair Garage".

BASEMENT: An enclosed floor area partly or wholly underground. A basement shall be considered a "story" if a) the majority of the basement has a clearance from floor to ceiling of six and one-half (6.5) feet or greater and b) the top of the ceiling of the basement is an average of 5 or more feet above the finished grade along the front side of the building that faces onto a street.

BATHHOUSE STRUCTURE: An accessory structure generally used in conjunction with a swimming area, used for changing and temporary storage of swimmers' belongings.

BED AND BREAKFAST OR BOARDING HOUSE : A home occupation in which the owner or tenant rents at least one but not more than six rooms, designed for casual and transient roomers and serves breakfast and no other meal.

BLOCK: A tract of land, a lot or groups of lots, bounded by streets, public parks, water courses, boundary lines of the Township, unsubdivided land or by any combination of the above.

BOARD OF SUPERVISORS: The Board of Supervisors of Tunkhannock Township, Monroe County.

BUFFER: A strip of land that separates one use or feature from another and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways.

BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, services, goods or materials of any kind or nature.

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

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

BUILDING HEIGHT: The vertical distance of a building measured from the average level of the highest and lowest portion of the building site covered by the building to the highest point of the roofline. Maximum height of all structures is thirty five (35) feet above the finished grade. This height restriction will not apply to agricultural structures such as silos, essential service structures, or residential chimneys.

BUS, LIMOUSINE, TAXI TERMINAL, STATION, OR PARK AND RIDE: Any premises for the storage or parking of motor-driven vehicles including, but not limited to, buses, limousines, taxis, private or commercial vehicles, and the loading and unloading of passengers.

BUSINESS SERVICES: Services benefiting or assisting businesses including such activities as advertising services, credit reporting and collection, duplicating, mailing, telemarketing, stenographic services, employment services, financial institutions, research and development and other similar services.

CAMP: An area that includes facilities and structure for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or transient visitors to the area.

CAMPGROUND OR RECREATIONAL VEHICLE PARK: A plot of ground upon which two or more campsites are located, established or maintained for temporary occupancy by persons using tents or recreational vehicles, and which shall not be used for long term residency of occupants. All campgrounds and recreational vehicle parks shall be considered a recreational subdivision or land development.

CAMPING, TEMPORARY EVENT: The limited use of a parcel to rent campsites to patrons of a particular event such as a carnival, circus, concert, parade, race, or sporting event. Campsites are offered for a single weekend, or 3 nights, only. No more than twice a year.

CAMPSITE: A lot within a recreational vehicle park or campground to be used for camping purposes, and acting as a site for travel trailers, truck campers, camper trailers, motor homes, or tents, marked by the developer on a plan as a numbered, lettered, or otherwise identified tract of land.

CARPORT: A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

CARTWAY (ROADWAY): The portion of a street right-of-way paved or unpaved intended for vehicular use, including the travelway and shoulders.

CELLAR (see Basement): A story in a building with a dirt floor, which is partially or completely below the finished grade abutting the exterior walls. A cellar shall not be counted as a story in determining the gross floor area of a building unless it has a six and one-half (6.5) foot clearance or more.

CEMETERY: Property used for the burying of the dead. This definition includes human and pet cemeteries.

CERTIFICATE OF COMPLETION/OCCUPANCY: A certification, based on an inspection and signed by the Zoning Officer stating that a building , structure, sign , and/or land complies with the Zoning Ordinance, or that a building, structure, sign, and/or land may be lawfully occupied or used.

CHANGE OF USE: Any use that substantially differs from the previous use. A change of use requires a Zoning Permit and may require a land development plan.

CHURCH: See definition of Place of Worship.

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

CLINIC: An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are lodged less than twenty four (24) hours. This definition includes ambulatory health facilities.

CLUBS AND FRATERNAL ORGANIZATIONS: A group of persons organized for a common purpose to pursue common goals, interests, or activities with regular meetings.

COMMERCIAL DISTRICTS: The Neighborhood Commercial (C-1) and General Commercial (C-2) zoning districts.

COMMUNITY ASSOCIATION: A homeowners association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.

COMMUNITY CENTER: A building used for recreational, social, educational, and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

COMPOSTING, AGRICULTURAL: The storage and/or utilization of agricultural and food process wastes, leaf wastes, screenings and sludge of animal feed or waste, including manure, generated on-site for the purpose of producing composted materials for the exclusive on-site use of such materials to improve the condition of the soil, grow crops or in restoration of the land for such agricultural purposes.

COMPOSTING, RESIDENTIAL: The storage and/or utilization of agricultural and vegetable food process wastes, leaf wastes, post consumer material, residual wastes generated exclusively on-site for the purpose of producing composted materials for exclusive on-site use of such materials to improve the on-site conditions of the soil, growth of crops or plants or in the reclamation or restoration of the land for such agricultural or landscaping purposes.

COMPREHENSIVE PLAN: The Coolbaugh, Mount Pocono, Tobyhanna, Tunkhannock Township Comprehensive Plan including all maps, charts and textual matter.

CONCENTRATED ANIMAL FEEDING OPERATION: Any operation which involves the raising of livestock or poultry where the animal density exceeds, on an annualized basis, two thousand pounds live weight of livestock or poultry.

CONDITIONAL USE: A use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in the Zoning Ordinance and authorized by the Board of Supervisors.

CONSERVATION AREA, PRIMARY: Those areas of a development tract which are comprised of lands within the 100-year floodplain, wetlands, or lands having slopes in excess of twenty five (25) percent on which development is not permitted.

CONSERVATION AREA, SECONDARY: Those areas of a development tract which are somewhat less sensitive than primary conservation areas and which may be critical to the effect the development will have on the natural environment.

CONSERVATION DESIGN SUBDIVISION: A subdivision designed at the dwelling unit density specified in the Township Zoning Ordinance where individual lots are reduced in size, important natural resources are conserved, and the resultant open space is preserved in perpetuity.

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

CONSERVATION OPEN SPACE: That part of a particular conservation design subdivision development tract set aside for the protection of sensitive natural features, farmland, scenic views and other primary and secondary conservation areas identified by this Ordinance. Conservation Open Space may be accessible to the residents of the development and/or the Township, or it may contain areas of farmland or forestland, which are not accessible to project residents or the public.

CONVENTIONAL DESIGN SUBDIVISION: A subdivision designed at the dwelling unit density specified in the Township Zoning Ordinance where individual lot reduction is not permitted.

COUNTY PLANNING COMMISSION: The Planning Commission of Monroe County, Pennsylvania.

COVERAGE, BUILDING: That portion of the lot covered by all primary and accessory structures, including primary buildings, decks, porches and accessory buildings.

COVERAGE, LOT: That portion of the lot covered by all created improvements, including but not limited to primary buildings, decks, porches, accessory buildings, paving, patios, sidewalks, pools and other impervious areas.

CRAWL SPACE: An unoccupied space beneath a building with an unfinished floor, which is partially or completely below the finished grade abutting the exterior walls and having a height of less than six (6) feet. A crawl space shall not be counted as a story in determining the gross floor area of a building.

CULTURAL CENTER: A building open to the public which contains exhibits of a cultural interest, such as a museum, art gallery, nature center, library, etc.

DAY CARE, CHILD: A facility, including but not limited to nursery schools, preschools, or academic learning centers, which cares for children.

DAY CARE, OTHER: A facility that cares for special needs individuals, such as handicapped, elderly or disabled individuals.

DEP: The Pennsylvania Department of Environmental Protection

DETACHED STRUCTURE: A structure with yards surrounding all sides.

DRIVE-IN STAND/USE: An establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

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

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

DWELLING, MULTI-FAMILY: A building or buildings designed for occupancy by three (3) or more families living independently of each other in separate dwelling units. The term multi-family dwelling shall include condominium as well as non-condominium housing units including the following construction types:

A. RESIDENTIAL CONVERSION TO APARTMENTS: Conversion of an existing single family detached dwelling having been used as such for ten (10) or more years into three (3) to five (5) dwelling units and not exceeding two and one-half (2 ½) stories or thirty-five (35) feet in height.

B. GARDEN APARTMENT: Multi-family dwelling originally designed as such; containing three (3) or more dwelling units and not exceeding two and one-half (2 ½) stories or thirty-five (35) feet in height, not including townhouses.

C. TOWNHOUSE: Multi-family dwelling three (3) or more dwelling units of no more than two and one-half (2 ½) stories or thirty-five (35) feet in height, in which each unit has its own front and rear accesses to the outside, no unit is locate over another unit and each unit is separated from any other unit by one or more common fire resistant walls.

D. MEDIUM HIGH-RISE APARTMENT: Multi-family dwellings of no more than two and one-half (2 ½) stories or thirty-five (35) feet in height but not exceeding the height limitations (in feet) of the Zoning Ordinance.

DWELLING, SINGLE-FAMILY: A detached dwelling unit accommodating one family, including mobile homes as defined in this Ordinance.

DWELLING, TWO-FAMILY: Dwelling accommodating two families either with units which are attached side by side through the use of a party wall, and having one side yard adjacent to each dwelling unit; or upstairs/downstairs units.

DWELLING UNIT: One (1) or more rooms in a dwelling structure, including a kitchen, sleeping facilities, bath and toilet, designed as a household unit for extended periods of occupancy for living and sleeping purposes by not more than one (1) family at a time.

DWELLING IN CONJUNCTION WITH A NONRESIDENTIAL USE: A structure or portion thereof that is used exclusively for human habitation in conjunction with an approved nonresidential use. The lot/area requirements for each use shall be used to determine the total lot/area requirements for the combined usage.

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

EATING AND DRINKING ESTABLISHMENTS: Retail operations, with or without liquor licenses, selling food and drink for consumption on premises, including lunch counters and refreshment stands which sell prepared foods and drinks for immediate on-site consumption.

EMPLOYEE: For purposes of this Ordinance the definition of employee will include, but is not limited to, full or part-time workers, volunteers, proprietors and all professionals.

ESSENTIAL SERVICES: Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the area in which they are to be located. Essential services include the providers of natural gas, electrical, steam, communication, telephone, sewer, water, and public safety including police, fire protection and ambulance service, and other similar services, but not including wireless communication facilities, gas stations or correctional facilities.

EXCAVATIONS, MINES AND FILL OPERATIONS: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, whether exposed or submerged, or any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades, of an area more than one-half (1/2) acre or more than three (3) foot deep or high. This definition does not include French drains or establishing or repairing foundations.

EXISTING USE: Any legally established existing use of a building or structure, lot or parcel of land or part thereof, as of the effective date of this Ordinance may be continued.

EXISTING RESOURCE AND SITE ANALYSIS PLAN: A detailed plan showing existing conditions on the proposed site. See SALDO Section 402.3 for specific requirements.

FAMILY: A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

FENCE: A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts.

FILING FEES AND COSTS: The Board of Supervisors has established by resolution a schedule of fees and a collection procedure relating to all applications filed pertaining to this Ordinance. No application shall be considered filed or permit valid until all fees are paid.

FISHING ACTIVITIES, COMMERCIAL: Fishery activities including fee fishing. Retail sales of items necessary to or customarily utilized in fee fishing activity by fee fishing clients only on a seasonal basis is permitted as an accessory use similar to drive-in stands for sale of home grown produce.

FLEA MARKET: A temporary or permanent market in an open area or structure, outside an amusement facility, where sites leased to transient retail businesses offering goods for sale.

This definition doesn't include the following:

A. Farmer's markets or similarly structured events are exempt from licensing fees to the extent that the farmers, cooperatives, or similar business structures operating the market, are wholly owned by the farmers, who produced the produce and are actually selling the produce.

B. Yard sales, or similar activities, held not more than two 2 consecutive weeks and no more than twice a year.

FLOODPLAIN: A relatively flat or low land area adjoining a river, stream, or water course which is subject to partial or complete inundation once in every one hundred (100) years. Any portion of a lot that is located within the 100-year floodplain shall not be included as a part of required lot area as set forth in this Ordinance.

FLOOR AREA OR GROSS FLOOR AREA: The total area of all floors as measured to the outside surfaces of exterior walls, or from the centerline of party walls separating two buildings , but excluding crawl spaces, cellars, and unfinished and unheated attics with an apex height of less than six and one half (6.5) feet. Enclosed porches and basements that are utilized as habitable space are included.

FORESTRY: The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

FUEL OIL AND GAS SALES AND STORAGE: The bulk storage of fuel oil, gasoline, kerosene, propane, or similar fuels for sales and distribution.

FUNERAL HOME: A building used for the preparation of the deceased for burial, the display of the deceased, and rituals connected therewith before burial or cremation.

GAMBLING: The dealing, operating, carrying on, conducting, maintaining, or exposing for pay, any game. This definition includes off-track betting.

GARAGE SALE: See definition of Yard Sale.

GARDENING, NURSERIES AND GREENHOUSES, RESIDENTIAL: Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential districts provided that they are not used for commercial purposes.

GOVERNING BODY: The Tunkhannock Township Board of Supervisors.

GROUP HOME: A building used as group living quarters for a student body, religious order, the sheltered care of persons with special needs, developmentally disabled, victims of domestic violence, or other needs. This definition includes, but is not limited to dormitories, fraternities, sororities, religious quarters, and boarding for sheltered care. In addition to food and shelter these facilities may also provide some combination of personal care, social or counseling services, and transportation. A group home does not include the use of "Treatment Center".

HAZARDOUS STRUCTURE: Any dwelling, building or structure that has been damaged by fire, wind, neglect or other causes so as to render it dangerous to life, safety, health and welfare of its occupants or the public at large. Hazardous structures may include but are not limited to:

A. Any dwelling or building which has parts thereof which are so attached that they may fall and injure persons or property.

B. Any dwelling or building which has support member or members which have deteriorated to such an extent as to be unable to safely support the applied loads or which have considerable damage or deterioration of the non-supporting enclosed or outside walls or covering.

C. Any vacant building which is not weather tight and whose doors and windows are not secured.

D. Any dwelling or building whose walls and vertical members list, lean or buckle to such an extent that there is danger of collapse.

HAZARDOUS SUBSTANCE: A product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into ground water resources and the subsurface environment which includes the soil and all subsequent materials located below.

HEIGHT: The vertical distance measured from the average elevation of the proposed ground level of the building to the highest point of a structure.

HELIPORT: An area used for the take-off and landing of helicopters, and related support facilities.

HOME OCCUPATION : Any use conducted entirely within a dwelling or a permitted accessory structure which is carried on only by the inhabitants of such dwelling or one additional person and which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change its character.

HOME OWNERS ASSOCIATION: See definition for Community Association.

HOSPITAL: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, and including, as an integral part of the institution, related facilities, training facilities, medical offices, and staff residences.

HOTELS AND MOTELS: A facility offering lodging accommodations to the general public and may provide additional accessory services, such as eating and drinking establishments, meeting rooms, entertainment, and recreational facilities.

HUNTING AND FISHING CLUBS: A group of persons organized for a common purpose to pursue common goals, such as hunting and fishing. Activities and structures shall comply with applicable articles of this Ordinance.

I -INDUSTRIAL DISTRICT: To provide space for those manufacturing and other types of industrial activities which can be developed and operated with minimal conflicts with the natural environment and rural residential character of the Township.

IMPERVIOUS SURFACE: Area covered by roofs, concrete, asphalt or other non-porous cover. The Township Engineer shall decide any dispute over whether an area is impervious.

IMPROVEMENTS: Those physical additions, installations and changes required to render land suitable for the use proposed (also referred to as "Required Improvements").

JUNK: Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliance, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials. Junk shall not include: a) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal, b) toxic substances awaiting imminent collection and proper disposal, c) yard waste, or d) items clearly awaiting imminent recycling at an appropriate location.

JUNK VEHICLE: Includes any vehicle or trailer that meets any of the following conditions:

A. cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs,

B. cannot be towed, in regards to a trailer designed to be towed,

C. has been demolished beyond repair,

D. has been separated from its axles, engine, body or chassis, and/or

E. includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.

JUNKYARD: Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk or junk vehicles.

LAND DEVELOPMENT: (1) A subdivision of land; (2) 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 (2) or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single non-residential 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 (2) or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.

The definition of Land Development shall also include the expansion or addition to a nonresidential building which involves any of the following as measured cumulatively from the effective date of this provision:

A. The addition of twenty-five (25) percent or more of floor area to the original structure; or

B. The increase by twenty-five (25) percent or more of impervious area (including building area) on the parcel; or,

C. Any increase in impervious area which will result in the generation of storm water in such volume as will not be controlled by existing storm water facilities pursuant to the requirements of this Ordinance.

The definition of Land Development shall not include the following:

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

B. The addition of an accessory building, including farm buildings, on a lot subordinate to an existing principal building.

C. The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an Amusement Park. For the purposes of this subclause, 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 the proper authorities have approved initial plans for the expanded area.

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), or a lessee, if he is authorized under the lease to exercise the rights of the landowner or other persons having a proprietary interest in the land.

LOADING, UNLOADING SPACE: An off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles. Each off-street loading and unloading space shall be a minimum of fourteen feet by seventy-five feet and in addition have sufficient maneuvering room, as not to in interfere with any street, road or highway, and separate from other parking to eliminate traffic conflicts within off-street loading and parking areas.

LOT: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

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

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

MANUFACTURING: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. Processing on farms will not fall under this definition of manufacturing as long as the raw materials are grown on the farm. The processing and preparation of food substances for on-site consumption or sales with no distribution to retail or wholesale venues, will not fall under the classification of manufacturing.

MEETING, ASSEMBLY, OR BANQUET HALLS: A structure designed for an assemblage of persons including fraternal organizations, banquet facilities within eating and drinking establishments, catering facilities, and areas located within the grounds of churches to service gatherings such as weddings, parties etc.

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 excepting that prefabricated homes or sections thereof, which when assembled or combined are twenty (20) feet or more in width, and which have axles and hitches removed and are placed upon a permanent foundation shall not be classified as mobile homes.

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

MOBILE HOME PARK: A parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes for non-transient use.

MODULAR HOME: A manufactured, single family dwelling twenty (20) feet or more in width designed for transportation after fabrication in one or more units, and arriving at a site where it is assembled on a permanent foundation and connected to utilities.

MOTOR FREIGHT TERMINAL: A freight handling facility or terminal with the capacity of handling a large variety of goods involving various forms of transportation and may provide multi-modal shipping capabilities, such as rail to truck and truck to air.

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

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

MUNICIPALITY: Tunkhannock Township, Monroe County

NONCONFORMING LOT: A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this Ordinance, or amendments hereinafter enacted.

NONCONFORMING STRUCTURE: A structure or part of a structure that does not comply with the applicable lot coverage, dimensional or other provisions in this Ordinance, as amended, where such structure lawfully existed prior to the enactment of such Ordinance or applicable amendment(s).

NONCOMFORMING USE: A use, whether of land or of a structure, which does not comply with the applicable use provisions in this Ordinance or amendment(s), where such use was lawfully in existence prior to the enactment of this Ordinance or applicable amendment(s). If such use is abandoned for 12 consecutive months any subsequent use shall conform to applicable provisions of this Ordinance.

NUISANCE: An interference with the enjoyment and use of property from an environmental pollutant, such as smoke, odors, liquid wastes, radiation, noise, vibration, glare, or heat.

OCCUPANCY: The occupancy or use of any land or structure that is in conformance with all applicable provisions of this Ordinance.

A. The act or process of holding or possessing a lot or structure.

B. The occupancy or use of any structure for any period of time which DEP requires a septic system shall not be permitted unless such structure is connected to an approved septic system.

OFFICIAL ZONING MAP: The Official Zoning Map of Tunkhannock Township, Monroe County, Pennsylvania.

OPEN SPACE: That part of a particular development tract set aside for the protection of sensitive natural features, farmland, scenic views and other primary and secondary conservation areas identified by this Ordinance. Open space may be accessible to the residents of the development and/or the Township, or it may contain areas of farmland, forest land or conservancy lots which are not accessible to project residents or the public.

ORDINANCE, THIS: The Tunkhannock Township Zoning Ordinance, or any provision or amendment thereof, enacted by The Board Of Supervisors , including the Official Zoning Map.

OS-W OPEN SPACE - WETLANDS DISTRICT: A zoning district established to protect the extensive wetlands and open water bodies and the unique plant and animal communities within the Township. To provide for the development of limited uses which are compatible with the unique and sensitive natural environment within this district at low densities and with suitable buffers and conditions which will minimize negative impacts of the development upon the environment.

OWNER: The Owner of record of a parcel of land.

PA DEP: The Pennsylvania Department of Environmental Protection

PA DOT, PennDOT: The Pennsylvania Department of Transportation

PARCEL: See definition for Lot.

PARKING AREA, EVENT: The limited use of a parcel to rent parking to patrons of a particular event such as a carnival, circus, concert, parade, race, or sporting event, which does not include overnight parking.

PARKING AND LOADING, OFF-STREET: A space for the parking of a motor vehicle within a public or private parking area.

PERMITTED BY RIGHT USE: Allowed uses in which zoning issues may be approved by the Zoning Officer, provided the application complies with all requirements of the Zoning Office.

PERSONAL SERVICES: Places primarily providing services oriented to personal needs. Personal services include barber and beauty shops, shoe repair shops, household appliance repair shops, and other similar establishments.

PLACE OF WORSHIP: Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. Also, a structure or group of structures that, by design and construction, are primarily intended for conducting organized religious services and associated uses.

PLANNING COMMISSION: The Tunkhannock Township Planning Commission.

PRIME AGRICULTURAL LAND: Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.

PRINCIPAL STRUCTURE: The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.

PRINCIPAL USE: The primary or main use on a lot, as opposed to an accessory use.

PRINCIPAL USES, TWO OR MORE: Two (2) or more principal uses or buildings located on a parcel in single ownership shall conform to all the requirements of this Ordinance that would normally apply to each use or to each building if each were on a separate lot.

PROFESSIONAL SERVICES: A service of a recognized profession including physicians, dentists, optometrists, architects, child day care providers, planners, engineers, accountants, lawyers or similar professions.

PROPERTY OWNERS ASSOCIATION: See definition for Community Association.

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 this act.

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

PUBLIC NOTICE (for a public hearing): Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

R-1 LOW DENSITY SINGLE FAMILY HOUSING RESIDENTIAL DISTRICT: To provide for the continued development of low density single family residential communities in areas of the Township having suitable environmental conditions and access to the public highway system.

R-2 MEDIUM DENSITY MIXED TYPE HOUSING RESIDENTIAL DISTRICT: To provide space for the development of various types of multi-family housing structures at medium densities in an area of the Township having suitable environmental conditions and access to the public highway system.

RECREATIONAL SUBDIVISION OR LAND DEVELOPMENT: The division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, or parcels of land involving changes in existing lot lines for the purpose, whether immediate or future, of lease, rent, sale, or transportation of ownership to provide a site for occupancy by travel trailers, truck campers, camper trailers, motor homes, or tents for transient use, whether or not a fee is charged. Campgrounds, RV parks, primitive camping grounds and other similar facilities shall fall under this definition.

RECREATIONAL VEHICLE: A vehicular type of unit initially designed as temporary living quarters for recreational camping or travel use, which either has its own motive power or is mounted on, or drawn by, another vehicle.

RETAIL TRADE SERVICES: Establishments engaged in selling goods or merchandise to the general public for personal, commercial, or household consumption and rendering services incidental to the sale of such goods.

RIGHT-OF-WAY: Land reserved for the public or the abutting owners for use as a street , alley , interior walk, or for other public purposes.

SAW MILLS AND PLANING MILLS, TEMPORARY: Saw mills and planing mills associated with permitted woodland harvesting activity and taking place on the same or adjacent parcels of land.

SCHOOLS, COLLEGES, PUBLIC AND PRIVATE: Any building or part thereof which is designed, constructed, or used for secondary, primary or higher education or instruction. This includes grade schools, middle schools, high schools, colleges, universities and trade schools.

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

SELF-STORAGE DEVELOPMENT: A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property for various lengths of time.

SETBACKS: The required distance between structures and any lot line. Setbacks will exclude certain projections such as uncovered walkways and bay windows.

Sewage Disposal System, Centralized: A publicly or privately owned and operated utility system or system designed to collect, centrally treat with sewage treatment plant and dispose of sewage from users in compliance with regulations of the PA DEP and the Township.

Sewage Disposal System, Community: A publicly or privately owned and operated utility system or other system designed for the collection of sewage from two or more lots and for the treatment or disposal of the sewage on one or more of the lots or at any other site, by on-site disposal techniques in compliance with regulations PA DEP and the Township.

Sewage Disposal System, Individual: A utility system or other system designed for the collection, treatment and disposal of sewage from a single lot into the soil or into waters of the Commonwealth of Pennsylvania in compliance with the regulations of the PA DEP and the Township.

SEWAGE ENFORCEMENT OFFICER (SEO): The officer designated by the Township to administer PA DEP's Rules and Regulations with respect to on-lot sewage disposal facilities.

SHOOTING RANGES, OUTDOOR COMMERCIAL: An area with structures designed for the safe discharge of firearms for target practice.

SIGN: A visual display that is affixed to, painted, or represented directly or indirectly upon a building, structure, wall, or land and which directs attention to an object, product, place, activity, person, institution, organization, or business.

SIGN AREA: The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supportive structure.

SIGN, BILLBOARD: A sign advertising a business or activity on or off-site which is greater than one hundred (100) square feet.

SIGN, OFF-SITE: A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.

SPECIAL EXCEPTION: A use for which the Zoning Hearing Board may grant permission following a Public Hearing and findings of fact consistent with this Ordinance, and provided the use complies with the conditions and standards required by this Ordinance.

STATE: The Commonwealth of Pennsylvania and its agencies.

STEEP SLOPES: Any land with grades that equal or exceed twenty five (25) percent.

STREAM: A natural watercourse.

STREET: A strip of land including the entire right-of-way intended for use as a means of vehicular and pedestrian circulation.

A. Arterial Street: Arterial streets are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are designated as 'limited", "controlled", or "partial" access streets. Arterial streets serve an unlimited number of dwelling units and unlimited average daily traffic.

B. Connector Street: Connector streets collect traffic from minor, local access and collector streets and also provide a connection to arterial streets and expressways and between connector streets and serve an unlimited average daily traffic.

C. Collector Street: Collector streets gather traffic from minor and local access streets and they feed this traffic to connector and arterial streets and expressways. Collector streets carry heavier traffic volumes than local streets although they also provide direct access to individual uses located along them. Collector streets serve up to an ultimate five hundred (500) dwelling units or up to an ultimate average daily traffic count of four thousand (4000) vehicles.

D. Minor Street: Minor streets provide direct access to individual uses or gather traffic from local access streets and feed this traffic to collector streets. Minor streets serve up to an ultimate one hundred fifty (150) dwelling units or up to an average daily of twelve hundred fifty (1250) vehicles.

E. Local Access Street: Local Access streets primarily provide direct access to individual uses. They serve to provide the connecting link between the beginning and end point of a trip and the higher categories of streets.

F. Cul-de-sac Street: A cul-de-sac street is permanently terminated at one end by a vehicular turnaround and intersects another street at the other end. Cul-de-sac streets shall not normally exceed eight hundred (800) feet in length, and if the cul-de-sac is intended to service commercial properties it shall not be permitted if the reasonable anticipated traffic count is in excess of two hundred (200) vehicles daily.

G. Marginal Access Street: Marginal access streets are minor streets parallel and adjacent to major traffic streets. They provide access to abutting properties and control of intersection with major traffic streets.

H. Private Access Drive: A private access drive provides access to a single residential only, from an approved street where the residential lot does not have frontage on an approved street. The private access drive shall have a minimum right-of-way of twenty (20) feet. Construction and maintenance of private access drive shall be the sole responsibility of owners benefiting by the use thereof and shall never be offered or accepted by the municipality for public maintenance.

STRUCTURE: Any man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this Ordinance, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this Ordinance. For the purposes of this Ordinance, wells and septic systems shall not be considered structures, and shall not be subject to minimum zoning setback requirements.

SUBDIVISION: The division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, or 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 division by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO): The Tunkhannock Township Subdivision and Land Development Ordinance, as amended.

SUPERMARKET/SUPERSTORE: Establishments over twenty thousand (20,000) square feet engaged in selling goods or merchandise to the general public for personal, commercial, or household consumption and rendering services incidental to the sale of such goods.

SWIMMING POOL: A body of water or receptacle for water having a depth at any point greater than two feet, which is used or intended to be used for swimming or bathing and constructed or maintained in or above the ground.

TEMPORARY: A period of less than six (6) consecutive months.

TOWNSHIP: The Township of Tunkhannock, Monroe County, Pennsylvania

TRADITIONAL NEIGHBORHOOD DEVELOPMENT: An area of land developed for a compatible mixture of residential units for various income levels and non-residential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and parks are interwoven with the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernable edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets.

Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.

TRANSFER OF DEVELOPMENT RIGHTS: The legal transfer of the rights to develop a specific parcel of land.

TRANSIENT RETAIL BUSINESS: A person engaging in the sale and/or exhibition of goods, wares or merchandise at any place in the Township on a temporary basis. Residents sub-contracting sites for the operation of a transient retail business are subject to the terms and conditions governing flea markets. A Transient Retail Merchant License is required for each and every vehicle, trailer, stand, room, apartment, store, shop, building, railway car, tent or other place or structure used for the exhibition and/or sale of such goods, wares, or merchandise.

TRANSIENT RETAIL LICENSE: The license issued to a transient retail merchant by Tunkhannock Township upon the transient merchant's completion of the application, submission of the license fee and compliance with the requirements of Township Ordinance 2003-105.

TRANSIENT RETAIL MERCHANT: A person responsible for the operation of a transient retail business.

TREATMENT CENTER: A use (other than a prison or a hospital) providing housing for three (3) or more unrelated persons who need specialized housing, treatment and/or counseling because of:

A. criminal rehabilitation, such as a criminal halfway house;

B. current addiction to a controlled substance that was used in an illegal manner or alcohol; and/or

C. a type of mental illness or other behavior that causes a person to be a threat to the physical safety of other.

UNREGISTERED VEHICLE: Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid State safety inspection sticker. This term shall not apply to licensed antique cars.

WAREHOUSE: A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.

WASTE RESOURCE PROCESSING: Waste resource processing includes, but is not limited to, industrial and municipal composting, sanitary landfills, recycling facilities, transfer facilities, resource recovery facilities, incinerators and waste reduction facilities, effluent, sewage, sludge and chemical waste facilities and all other like facilities.

WATER SUPPLY, CENTRAL: A public or private utility system designed to supply and transmit drinking water from a common source to two or more dwelling units or uses in compliance with PA DEP regulations.

WATER SUPPLY, INDIVIDUAL SYSTEM ON CONSERVATION LAND: A system for supplying and transmitting drinking water to a single dwelling or other use from a source located on adjacent conservation land via a use and access easement, and in compliance with the PA DEP if such compliance is required.

WATER SUPPLY, ON-SITE: A system for supplying and transmitting drinking water to a single dwelling or other use from a source located on the same lot, and in compliance with the PA DEP if such compliance is required.

WETLANDS: An area of land and/or water that meets the definition of a wetland according to Federal and/or Pennsylvania law or regulations.

WHOLESALE TRADE: Establishments or places of business engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies with no on site manufacturing.

WIRELESS TELECOMMUNICATIONS FACILITIES: Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni-directional or whip antennas and directional or panel antennas, dishes or the like, owned and operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such a device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

YARD: An area not permitted to be covered by building and principal structures. A minimum yard is also known as a minimum setback.

YARD SALE, GARAGE SALE: A sale of used dry items from an individual, private residence, held not more than two (2) consecutive weeks and no more than two (2) times a year.

ZONING DISTRICTS: For the purposes of this Ordinance, Tunkhannock Township is divided into 6 types of districts, as follows:

C-1 Neighborhood Commercial District

C-2 General Commercial District

I Industrial Use District

OS-W Open Space Wetlands District

R-1 Low Density, Single Family Housing Residential District

R-2 Medium Density, Mixed Type Housing Residential District

ZONING HEARING BOARD: The Zoning Hearing Board of Tunkhannock Township.

ZONING OFFICER: The person charged with the duty of enforcing the provisions of the Zoning Ordinance, and any officially designated assistant.

ZONING ORDINANCE: The Tunkhannock Township Zoning Ordinance, as amended.

ARTICLE III

DISTRICTS

§301. Designation of Districts and Purposes.

A. Tunkhannock Township is hereby divided into the following zoning districts, with the following abbreviations:

C-1 Neighborhood Commercial

C-2 General Commercial

I Industrial Use

OS-W Open Space Wetlands

R-1 Low Density, Single Family Housing Residential

R-2 Medium Density, Mixed Type Housing Residential

B. The zoning districts named shall be of the number, size, shape and location shown on the "Official Zoning Map".

C. Purposes of each District – The intent with respect to the usages within each district are as follows:

C-1 Neighborhood Commercial – To provide space for the development of neighborhood convenience retail sales and services near concentrations of residential developments.

C-2 General Commercial – To provide an area of general commercial trades and services, recreational and entertainment activities for residents and visitors, concentrated with access directly to highways and where conflicts with residential development can be buffered and minimized.

I Industrial Use – To provide space for those manufacturing and other types of industrial activities which can be developed and operated with minimal conflicts with the natural environment and rural residential character of the Township.

OS-W Open Space Wetlands – To protect the extensive wetlands and open water bodies and the unique plant and animal communities within the Township. To provide for the development of limited uses which are compatible with the unique and sensitive natural environment within this district at low densities and with suitable buffers and conditions which will minimize negative impacts of the development upon the environment.

R-1 Low Density, Single Family Housing Residential – To provide for the continued development of low density single family residential communities in areas of the Township having suitable environmental conditions and access to the public highway system.

R-2 Medium Density, Mixed Type Housing Residential – To provide space for the development of various types of multi-family housing structures at medium densities in an area of the Township where central sewage facilities and water supply systems can be permitted.

§302. Application of District Regulations.

A. The regulations set by this Ordinance shall apply uniformly to each class or kind of structure of land, except as provided for in this Ordinance.

B. No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.

C. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

§303. Zoning Map.

A. A map entitled "Tunkhannock Township Zoning Map" accompanies this Ordinance and is declared a part of this Ordinance. The Official Zoning Map, which contains the words "Official Zoning Map", shall be retained in the Township Building.

B. Map Changes: Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in this Ordinance. All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this Ordinance.

C. Replacement Map: If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, Township Supervisors may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.

§304. District Boundaries.

The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map.

A. District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds' office at the time of the adoption of this Ordinance, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.

B. The location of a district boundary on un-subdivided land or where a district boundary divides a lot shall be indicated by dimensions or written reference that specifically locates said boundary.

C. Where in municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law. The land area within each municipality shall be regulated by the use regulations and other applicable regulations of each municipality.

§305. Setbacks Across Municipal Boundaries.

Setback and Buffer yard provisions of this Ordinance shall be provided by uses proposed within Tunkhannock Township regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality.

§306. Table of Permitted uses by District.

A. For the purposes of this Section 306, the following abbreviations shall have the following meanings:

P Permitted by right (zoning decision by Zoning Officer)

SE Special exception use (zoning decisions by Zoning Hearing Board)

C Conditional use (zoning decision by Board of Supervisors)

N Not Permitted

B. Unless otherwise provided by State or Federal law or specifically stated in this Ordinance, and land or structure shall only be used or occupied for a use specifically listed in this Ordinance as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this Ordinance.

TABLE OF PRINCIPAL USES
TYPES OF USES	ZONING DISTRICTS
(See definitions in Article 2)	C-1	C-2	I	OS-W	R-1	R-2

RESIDENTIAL USES
Single Family Detached Dwelling	SE	N	N	P	P	P
Two Family Dwelling	SE	N	N	N	N	P
Multi-Family Dwelling	SE	N	N	N	N	P
Dwelling with Non-residential use	SE	SE	N	N	N	N
Mobile Home	SE	N	N	P	P	P
Group Home	C	C	N	N	N	N
Conventional Design Subdivision*	C	N	N	C	C	C
Conservation Design Subdivision*	C	N	N	P	P	P
*includes single-, two- and multi-family dwellings

COMMERICAL USES
Bed & Breakfast or Boarding House	P	P	N	N	N	P
Adult Entertainment Establishment	N	C	N	N	N	N
After Hours Club	C	C	N	N	N	N
Agricultural Production/Livestock Production	P	P	P	P	P	P
Airport	N	C	N	C	N	N
Amusement Facility	N	C	N	N	N	N
Animal Husbandry	N	N	N	P	C	N
Animal Kennel	P	P	N	N	N	N
Antenna, Commercial Communications Tower	C	C	C	C	C	C
Auto Service Station	P	P	P	N	N	N
Auto Repair Garage	C	P	P	N	N	N
Bus, Limousine, Taxi Terminal, Stations, Park and Ride	P	P	P	N	N	N
Business Services	P	P	P	N	N	N
Camp	N	N	N	C	N	N
Campground or Recreational Vehicle Park	N	P	N	C	N	N
Camping, Temporary Event	P	P	N	N	N	N
(See definitions in Article 2)	C-1	C-2	I	OS-W	R-1	R-2
Cemetery	P	P	P	P	P	P
Clubs and Fraternal Organizations	C	C	N	N	N	N
Cultural Center	P	P	N	N	N	N
Drive-In Stand	P	P	N	P	P	P
Eating and Drinking Establishments	P	P	N	N	N	N
Excavations, Mines and Fill Operations	C	C	C	C	C	C
Fishing Activities, Commercial	P	P	N	P	P	P
Fuel Oil and Gas Sales and Storage	N	C	C	N	N	N
Funeral Home	P	P	N	N	N	N
Gambling	N	C	N	N	N	N
Hotels and Motels	C	C	N	N	N	N
Junkyard	N	C	C	N	N	N
Meeting, Assembly or Banquet Halls	C	C	N	C	C	C
Mobile Home Park	N	N	N	N	N	C
Parking Area, Event	P	P	N	N	N	N
Personal Services	P	P	N	P	P	P
Professional Services	P	P	P	N	N	N
Retail Trade Services	P	P	N	N	N	N
Saw Mills and Planning Mills, Temporary	C	C	C	C	C	C
Self Storage Development	P	P	N	N	N	N
Shooting Ranges, Outdoor Commercial	N	N	N	C	N	N
Supermarket/Superstore	C	C	N	N	N	N
Warehouse	P	P	P	N	N	N
Wholesale Trade	C	P	P	N	N	N
Wireless Communications Facilities	C	C	C	C	C	C

INSTITUTIONAL USES
Assisted Living Facility	P	P	N	N	N	C
Clinic	P	P	N	N	N	N
Community Center	C	C	N	C	C	C
Day Care, Child	P	P	C	P	P	P
Day Care, Other	C	C	N	N	N	N
Hospitals	C	C	N	N	N	N
Schools, Colleges, Public and Private	C	C	C	C	C	C
(See definitions in Article 2)	C-1	C-2	I	OS-W	R-1	R-2
Treatment Center	C	C	N	N	N	N

INDUSTRIAL USES
Manufacturing	N	C	P	N	N	N
Motor Freight Terminal	N	C	C	N	N	N

MISCELLANEOUS USES
Composting, Agricultural	P	P	P	P	P	P
Composting, Residential	P	P	N	P	P	P
Forestry	P	P	P	P	P	P
Gardening, Nurseries and Greenhouses, Residential	P	P	N	P	P	P
Home Occupation	P	P	N	P	P	P
Hunting and Fishing Clubs	N	N	N	P	P	P
Place of Worship	P	P	N	P	P	P

C. Permitted Accessory Uses To Residential Uses: An accessory use of a dwelling is only permitted if such use is clearly incidental to the residential use and is specifically permitted by this Ordinance.

D. Permitted Accessory Uses to Commercial and Industrial Uses: An accessory use of a structure or parcel is only permitted is such use is clearly incidental to the primary use and is specifically permitted by this Ordinance.

§307. Dimensional Requirements In Each District.

A. The following area, yard and building requirements shall apply to each specified zoning district.

B. Height. The maximum height of any building shall be thirty–five (35) feet.

C. Accessory Structures and Uses: Accessory structures and uses shall meet the minimum yard setbacks provided for in Article 404, unless otherwise provided for in this Ordinance.

§308. Sewage And Water Services.

A. Central Water Service. A use shall not be considered to be served by Township-approved central water service” unless:

1. All applicable requirements of State regulations and the SALDO are met,

2. The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator, and

3. The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.

B. Central Sewage Service. A use shall not be considered to be served by “Township-approved central sewage service” unless:

1. All applicable requirements of State regulations and the SALDO are met,

3. The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.

C. Connection to a Larger System. Any new non-public central water or central sewage system shall be engineered and constructed in such a manner as to allow its efficient interconnection in the future into a larger regional system. For example, a development shall include adequate utility easements extending to the borders of the development to allow future interconnections at logical points.

1. Such a system shall include appropriate easements and/or rights-of-way within property controlled by the developer to allow the system to efficiently interconnect with a larger system in the future.

2. If requested by the Board of Supervisors at time of subdivision or land development approval, a central water or sewage system shall be dedicated to a Township Authority after completion of the development, or at such other time as is mutually agreed upon. A developer who dedicates a central water or sewage system to a Township Authority shall retain the right to utilize the capacity of the system that was funded by the developer. The Township shall have the right require a developer to post a bond to guarantee proper operation of a system for at least two (2) years after dedication.

D. On-Lot Septic Systems.

1. Purpose - To ensure that a suitable alternate location is available for a new septic system if the original septic system should malfunction.

2. This Section 308.D shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this Zoning Ordinance. This Section 308.D shall not apply to lot mergers or lot line adjustments.

3. Each lot shall include both a primary and a reserve septic system location. Both locations shall be determined by the Township to meet PA DEP regulations for a septic system location prior to approval of the final subdivision or land development plan.

4. The requirement for a reserve septic system location shall not apply to the following:

(a) A lot of over ten (10) acres,

(b) The simple merger of two (2) or more existing lots,

(c) A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot, or

(d) Lots within a subdivision or land development that will abut a sewage system constructed by the developer, the design of which has been approved by the Township.

5. The reserve septic system location shall not be excavated and shall be kept clear of buildings and parking, and shall be shown on any subsequent applications for new or expanded buildings or parking.

6. Permit Expiration. If a permit for a new septic system was previously approved for a lot, but such system was not constructed, and the testing related to such permit occurred more than three (3) years prior, then a new permit application and new testing will be required. The new permit and new testing shall be required in full conformance with current PA DEP and Township regulations.

E. Well and Septic System Locations. Every plan for a subdivision or land development and every application for a building permit for a new principal building that will be served by a well and/or septic system shall designate the proposed well and primary and alternate septic system locations.

Such plan shall show that the proposed locations meet the minimum isolation distances established by PA DEP regulations between a well and septic system on the subject lot and all adjacent lots.

F. Expansion of Septic Use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a non-residential use would result in increased flow to a septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.

§309. Steep Slopes.

A. Slopes over twenty-five (25) Percent. Any area with a slope over twenty-five (25) percent shall not be counted towards the minimum lot area of a lot, for the purposes of determining compliance with any minimum lot area or any tract area requirements of this Ordinance.

B. Single Family Dwellings and Steep Slopes.

Any lot proposed to be used for a single family detached dwelling shall include a proposed five thousand (5,000) square foot “building area” with a slope of fifteen (15) percent or less. This area shall be in addition to those areas designated for primary and secondary sewage disposal.

2. Access. Each lot shall be accessible from an existing or proposed street by means of a driveway or private access-way with a maximum grade of fifteen (15) percent.

C. Steep Slopes and Other Uses. A lot shall only be used for buildings for principal uses other than single family detached dwellings if the proposed “building area” includes an average slope of less than fifteen (15) percent.

1. For such uses, the “building area” shall include locations of all proposed buildings and parking areas and outdoor storage areas and an area twenty (20) feet around buildings, parking and storage areas.

2. Access. Each dwelling and each parking area shall have vehicle access from an existing or proposed street by means of a driveway or private access-way with a maximum grade of fifteen (15) percent.

D. Site Plan and Tree Protection. If an applicant proposes to alter or build upon slopes of fifteen (15) percent or greater, then a site plan shall be submitted to the Zoning Officer. A separate site plan is not required if the same information was included in an approved subdivision or land development plan. The Site Plan shall show: the proposed lot lines, the existing and proposed contours and existing and proposed building locations, and the outer perimeter of the proposed “building area” as described above.

§310. Setback From Streams.

A sixty-five (65) foot setback shall be maintained from the top of bank of any perennial stream. Stormwater conveyance required by the Township/State, vegetative maintenance and restoration, the correction of hazardous conditions, wetland crossings and other activities permitted by DEP and passive unpaved stable trails shall be permitted. No other earth disturbance, grading, filling, buildings, structures, new construction, or development shall be permitted unless approved by Tunkhannock Township.

§311. Wetlands and Lakes.

A. Lot Area. Wetlands (as officially defined under Federal and/or State regulations) and lakes shall not be counted toward the minimum lot area of any lot or tract of land. This Section shall only apply to a subdivision or land development submitted for approval after the adoption of this Ordinance.

B. Wetland Studies. It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the Federal or State definition of a wetland prior to submittal of development plans. Wetlands shall be delineated by a Qualified Professional with expertise in this discipline. The Township's Board of Supervisors shall make final determination.

C. A minimum setback of fifty (50) feet is required from all wetlands. Stormwater conveyance required by the Township/State, vegetative maintenance and restoration, the correction of hazardous conditions, wetland crossings and other activities permitted by DEP and passive unpaved stable trails shall be permitted. No other earth disturbance, grading, filling, buildings, structures, new construction, or development shall be permitted unless approved by Tunkhannock Township.

§312. Commercial Uses Within Developments Of twenty five (25) Or More Dwelling Units.

If a subdivision includes a minimum of twenty five (25) dwelling units, then as a special exception use, a maximum of two (2) acres within the subdivision may be used for commercial development meeting the requirements of the C-1 district. The applicant shall prove to the Zoning Hearing Board that the commercial development has been designed and located with traffic access that is fully coordinated with the residential development. To the maximum extent feasible, traffic access shall be fully coordinated with adjacent development.

§313. Conservation Subdivision Design.

Purposes and Development Options

1. To conserve open space, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, flood plains and wetlands, by setting them aside from development.

2. To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.

3. To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.

4. To provide for a diversity of lot sizes, building densities, and housing choices.

5. To achieve the above-referenced goals by providing for the conservation and maintenance of open space within the Township and by providing for active or passive recreational use by residents.

B. General Regulations

The design of all conservation subdivisions shall be governed by the following minimum standards:

1. Ownership - The tract of land shall be controlled by the applicant and shall be developed as a single entity.

2. Site Suitability - As evidenced by the Existing Resources/Site Analysis Plan, the Preliminary Subdivision Plan, and the Final Subdivision Plan, the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.

3. Combining the Design Options - The various layout and density options described in this Section may be combined at the discretion of the Township, based upon demonstration by the applicant that such a combination would better fulfill the intent of this Ordinance, in particular the stated purposes of this Section, as compared with applying a single option to the property.

4. Intersections and Access - The number of driveways entering onto existing public streets shall be minimized. Instead, the development shall make maximum use of driveways entering onto an internal local street. The Township SALDO shall govern intersections and access.

5. Areas of Earth Disturbance - The proposed design shall strictly minimize earth disturbance, as shown on the Existing Resources and Site Analysis Plan. Lands within the 100-year floodplain, wetlands, or land having slopes in excess of twenty five (25) percent constitute such primary conservation areas, where earth disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the Preliminary Subdivision Plan and the Final Subdivision Plan.

C. Density Determination and Dimensional Standards

1. Allowable densities for conservation subdivisions shall be based on the Adjusted Tract Area (ATA) as established by example in Section 602 of the SALDO. The maximum number of permitted dwelling units (du) shall equal the ATA multiplied by the density factors stated below.

R-1 Density Factor: 0.5 du/acre (1du/2 acres ATA)

R-2 Density Factor: 0.5 du/acre (1du/2 acres ATA)

OS/W Density Factor: 0.2 du/acre (1du/5 acres ATA)

2. Minimum Required Conservation Open Space - The subdivision must include at least fifty (50) percent of the ATA in accordance with Section 602 of the SALDO, as Conservation Open Space.

3. Dimensional Standards - The dimensional standards in Table 313 shall apply to all conservation subdivisions.

TABLE 313

MINIMUM CONSERVATION SUBDIVISION REQUIREMENTS

LOTS HAVING NEITHER CENTRAL WATER NOR SEWER

Zoning

Density

Lot

Front

Rear

One

Both

Max Bldg Height

Max Bldg

Max Lot

District

Factor

Area

Width

Depth

Yard

Side

Sides

Stories

Coverage

R-1

0.5/ac.

1 acre

150

2.5

20%

35%

R-2

0.5/ac.

¾ acre

125

2.5

30%