When capitalized in this chapter, the terms defined below have the meanings given them in this section. When not capitalized, the same terms have their common meaning.
100-YEAR FLOODA Flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the Flood may occur in any year).
ACCESSORY BUILDING or ACCESSORY STRUCTUREA Building or other Structure subordinate to and located on the same Lot as the principal Building. The use of the Accessory Building or Accessory Structure is incidental and subordinate to the principal use.
ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a Wireless Communications Facility or Wireless Support Structure, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment Buildings, cabinets and storage Sheds, shelters or similar Structures.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of the same Lot.
AGENTA Person who acts on behalf of another Person.
AGRICULTURAL STRUCTUREAny Accessory Building used for an Agricultural Operation, such as for storing agricultural equipment, farm produce or products, or housing Livestock or poultry. Barns and silos are considered to be Agricultural Structures, but Dwellings are not.
AGRICULTURE or AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, Livestock and Livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, Livestock 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.
AGRITAINMENTFarm-based entertainment including activities such as hayrides, pony rides wine tasting, cornfield maze contests, and harvest festivals.
AGRITOURISMAgricultural uses such as farms and vineyards that through promotion and advertising, facilities, and activities, seek to attract visitors and guests.
AGRONOMYThe science of cultivation of land, soil management, and crop production.
ALLEYA Right-of-Way providing secondary vehicular access to the side or rear of two or more Lots.
ALTERATIONAny change in the exterior or structural components of a Building; any change to or in a Building that would alter its use classification; or any change that would substantially alter the type, method, or scope of Sewage disposal system, or traffic condition.
ANCHOREDSecured in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
ANTENNAAn apparatus designed for the purpose of emitting radio frequency (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, including any device or mechanism used in the collection, transmitting, routing or receiving of radio signals or radio frequency energy.
ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, monopole, tower, tripod, or any other Structure that supports or has attached to it an Antenna or Antennas.
APARTMENT BUILDINGA Building containing three or more Dwelling Units separated by party walls, and that may have more than one Dwelling Unit from ground to roof, common outside accesses and hallways.
APPLICANTAn Owner or Tenant who has filed an application pursuant to this chapter, including his or her heirs, successors, and assigns.
APPROVEDApproved by an authorized Township official or board.
AQUACULTUREThe rearing of aquatic animals or the cultivation of aquatic plants for food.
ARTERIAL HIGHWAYA Highway classification by the Pennsylvania Department of Transportation to designate high volume vehicular thoroughfares, such as Baltimore Pike (Route 1) and Wilmington-West Chester Pike (Route 202).
ARTIST STUDIOThe workroom of an artist involving activities such as acting, painting, pottery, sculpture, woodworking, photography, graphic design, industrial design, architectural design, or the making of music.
ASSISTED LIVING FACILITYAny Premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the Operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration. This use does not include a Premises that provides drug or alcohol rehabilitation or medical nursing care of current court adjudicated felons or misdemeanants.
AUDITORIUMS, CONCERT HALLS and PERFORMING ARTS CENTERSFacilities providing indoor or outdoor seating for meetings or live performances, including any community use of same, whether for use by a principal Cultural Facility or for rent or by donation. Movie theaters, adult cabarets or taverns shall be prohibited.
BANKFULL FLOWThe channel at the Top of Bank or point from where water begins to overflow onto a floodplain.
BANQUET AND/OR CONFERENCE FACILITIESFacilities used for conferences, seminars, and banquets that may include accommodations for food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, and services primarily for guests of the facilities, including use by a principal Cultural Facility or use for rent or by donation.
BASE FLOODA Flood that has a 1% chance of being equaled or exceeded in any given year (also called the "100-Year Flood" or "1% annual chance Flood").
BASE FLOOD DISCHARGEThe volume of water resulting from a Base Flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a Flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENTAny area of the Building having its floor subgrade (below ground level) on all sides.
BED-AND-BREAKFAST INNA Building or group of Buildings containing fewer than 10 guest rooms, converted or designed for the temporary lodging of transient guests. Such establishments typically provide accessory eating and drinking facilities for serving morning breakfast and/or afternoon tea and are typically converted from single-family residences, schools, churches and the like, and are occupied by resident innkeepers.
BEDROOMA room or space designed to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the building code) and in close proximity to a bathroom. 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 is not to be considered a Bedroom.
BERMAn earthen embankment that serves purposes such as retaining/detaining the flow of surface water runoff, preventing soil erosion, or is used to aid in visual screening between land uses, often by supporting plant materials.
BEST MANAGEMENT PRACTICESA practice or combination of practices that is an effective means of reducing the amount of pollution generated by nonpoint sources to a compatible level with water quality goals.
BLUE LIGHT STATIONSEmergency telephone facilities in public spaces providing direct communication to emergency services, the location of which is usually indicated by a blue light.
BOARDUnless specifically designated to the contrary, the Board of Supervisors of the Township of Chadds Ford, Delaware County, Pennsylvania.
BUFFER AREAAn area adjacent to a neighboring Lot or Tract; designed and intended to lessen the proposed uses impact on the adjacent property.
BUFFER PLANTING STRIPA strip of land located within the required Buffer Area that shall be landscaped and maintained for a width as required in certain districts of this chapter, and in a manner as required in Article
XXV.
BUILDINGAny roofed Structure supported by walls or columns that is intended or used for the shelter, housing or enclosure of any individual(s), animal, process, equipment, goods, or materials of any kind.
BUILDING COVERAGEThe relation of the total ground Floor Area of all Buildings on a Lot to the total area of the Lot on which they are located.
BUILDING LINEA line that is parallel to a Lot Line at a distance equal to the required Setback. The Rear Building Line is parallel to the Rear Lot Line. A Side Building Line is parallel to a Side Lot Line. A Front Building Line is parallel to a Street Line.
CALIPERThe diameter of a new tree measured six inches above the top of the root ball.
CARETAKER RESIDENCEA residential Dwelling Unit typically not exceeding 1,200 square feet of Gross Floor Area, an Accessory Use to the principal use of the Premises, occupied by a watchman, guard, or custodian who is responsible for the security and upkeep of the Premises.
CELL SITEA Tract or Parcel of land that contains the wireless, cellular or personal communications service Antenna, its Antenna Support Structure, Accessory Building(s), and parking, and may include other uses associated with and ancillary to providing wireless communications, cellular communications or personal communications services.
CERTIFICATE OF OCCUPANCYA statement signed by the Code Enforcement Officer setting forth that a use, Building, or other Structure legally complies with this chapter and other applicable Codes and regulations and may be used for the purposes stated therein.
CERTIFIED HISTORIC STRUCTUREA Building or other Structure identified by Chadds Ford Township and listed in the National Register of Historic Places or located within a Registered Historic District and certified by the Secretary of the U.S. Department of the Interior as being of historical significance to the district.
CLUB/LODGEA group of people and associated facilities organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular or semi-regular meetings, and a set of laws, rules or guidelines.
CODEThe Code of Chadds Ford Township.
COLLECTOR STREETA Highway classification by the Pennsylvania Department of Transportation to designate a high-volume vehicular thoroughfare that connects directly or eventually to an Arterial Highway.
CO-LOCATIONThe mounting of one or more WCFs, including Antennas, on a pre-existing Structure, or modifying a Structure for the purpose of mounting or installing a WCF on that Structure.
COMMERCIAL GREENHOUSEA Building or other Structure whose roof and sides are made largely of glass or other transparent or translucent materials and in which temperature and humidity can be regulated for cultivation of plants and flowers for subsequent sale.
COMMERCIAL VEHICLEA vehicle that is registered by the state for commercial use or ostensibly displays a commercial related identity by virtue of lettering, Signs, ladder racks, tool racks, and the like.
COMMON OPEN SPACEArea or areas of land or an area of water, or a combination of land or water within a Planned Residential Development Tract, designed and intended for the use or enjoyment of residents of the PRD not including Streets, off-street parking areas, and areas set aside for public facilities.
COMMON OWNERSHIPAs applied to more than one Lot, ownership by the same party(ies) and/or subject to unified control and management with binding documentation of agreement by all ownership parties.
COMMUNITY CENTERA Building that houses various community activities through meeting rooms, assembly rooms, and areas for dining, recreation, fitness and the like.
COMMUNITY FACILITIESThe services that provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical Community Facilities include schools, parks and recreation areas, libraries, hospitals and other health-care facilities, fire protection, police, ambulance and rescue service, and postal services.
COMMUNITY SEWERA community Sewage disposal system consisting of approved sanitary Sewage disposal Structures that serve more than one Lot or one Building, which along with its appurtenant facilities is administered and maintained by an organization or other entity having the right and obligation to administer and maintain such system in accordance with federal, state, county and Township regulations.
COMMUNITY WATERA community water supply system consisting of a well or series thereof with facilities serving more than one Lot or one Building, which along with its appurtenant facilities is administered and maintained by an organization or other entity having the right and obligation to administer and maintain such system in accordance with federal, state, county and Township regulations.
COMPLETELY DRY SPACEA space that will remain totally dry during flooding; the Structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLANThe Comprehensive Plan Update 2017 for Chadds Ford Township, or the most recent update thereto.
CONDEMNTo adjudge unfit for Occupancy.
CONDITIONAL USEA use that is not appropriate to a particular zoning district as a whole, but which may be suitable in certain locations within the district only when specific standards, criteria, and conditions are met in accordance with Article
XXVIII. Conditional Uses, and applications for permits therefor, are allowed or denied by the Board of Supervisors after recommendations are provided by the Planning Commission.
CONDOMINIUM BUILDINGA Building or group of Buildings in which units are owned individually, and the Structure, common areas and facilities are owned by all of the Owners on a proportional, undivided basis, all of which shall be owned and operated under the Pennsylvania Unit Property Act of 1963, as amended.
CONSTRUCTIONThe erection, reconstruction, renovation, repair, extension, expansion, Alteration, or relocation of a Building or other Structure, including the placement of Manufactured Homes.
CONTEXT-SENSITIVE DEVELOPMENTThe improvement of land with Buildings and other Structures that enhance the character of Chadds Ford Township due to the effective use of materials and the effective arrangement of Buildings that reflects the traditional history, heritage and culture of the community.
CONTIGUOUS LOTSContiguous Lots shall have a common Lot Line of 100% of one side of the smaller Lot, which common Lot Line shall not be less than 50 feet. Contiguous Lots shall not be separated by a Public Street or Right-of-Way.
CONTINUOUS VISUAL BUFFERA visually impenetrable screen created through the effective use of plant materials, fencing, walls and/or earthen Berms.
CONTRIBUTING RESOURCE(S)A resource in a Registered Historic District that is on file with the National Register as supporting the district's historical significance through location, design, setting, workmanship, feeling and association.
CORRECTIONAL INSTITUTIONAny penal or correctional facility, such as a jail, reformatory, detention center, or halfway house.
CULTURAL FACILITIESIndoor and outdoor facilities that promote presentation and interpretation of the arts, drama, music, dance, science and history.
DAY CARE(1) ADULT DAY CAREA nonresidential facility that supports the health, nutritional, social, and daily living needs of adults in a professionally staffed, group setting.
(2) FAMILY CHILD-CARE HOMEAny residence in which a caregiver routinely provides care for six or fewer children unrelated to the caregiver.
(3) GROUP CHILD-CARE HOMEAny residence in which a caregiver or caregivers routinely provide care for more than six children unrelated to the caregiver.
DETACHEDWhen a structural element is physically disconnected from another structural element.
DETERIORATIONDisintegration, corrosion, rust, decay, weakening, and loss of effectiveness.
DEVELOPERAny Landowner, equitable Owner, or authorized Agent of such Landowner who makes or causes to be made a Subdivision of land or a Land Development.
DEVELOPMENTAny 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 Construction, paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the Subdivision of land.
DISABILITYA mental or physical impairment(s) that substantially limits one or more major life activities.
(1) INDIVIDUAL WITH A DISABILITYAny Person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This chapter does not protect an individual's current unlawful use of or addiction to controlled substances or other drugs, unless that individual has a separate Disability.
DWELLING or DWELLING UNITA Building or entirely self-contained portion thereof containing complete housekeeping facilities for Occupancy by only one Family (including any domestic Employees living or employed on the Premises), with no enclosed space (other than vestibules, entrance or other hallways or porches) in common with any other Dwelling Unit. Dwellings or Dwelling Units may be classified, but not limited to the following defined types: "manufactured home," "mobile home," "modular single-family detached dwelling," "multi-family dwelling," "single-family attached dwelling (townhouse)," "retirement residence," "single-family detached dwelling," "single-family semi-detached dwelling (twin)," "two-family detached dwelling." See also "apartment building" and "condominium building."
EASEMENTThat portion of land or property reserved for present or future use by a Person or agency other than the legal fee Owner(s) of the property. The Easement shall be permitted to be for use under, on or above a Lot or Lots.
ECONOMIC HARDSHIPThe denial of all reasonable beneficial uses or reasonable return on a property as a result of the Township's denial of a Certificate of Appropriateness.
EDUCATIONAL USEBuildings and land for kindergarten/pre-school, elementary, and secondary schools, either public or private.
EMPLOYEEA Person employed for wages or salary.
ENLARGEMENTAn addition to the Floor Area of any existing Building, an increase in size of another existing Structure, or an increase in that portion of the Tract of land occupied by an existing use.
EQUIPMENT COMPOUNDAn area surrounding or adjacent to a Wireless Support Structure within which base stations, power supplies, or Accessory Equipment are located.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the Structure is substantially impermeable to the passage of water.
FAMILY(1) One or more individuals living together in a Dwelling Unit as a single housekeeping unit and doing their cooking on the Premises when said individuals are related by blood, marriage, foster relationship, or adoption; or
(2) Not more than three unrelated individuals living together in a Dwelling Unit as a single nonprofit housekeeping unit and doing their cooking on the Premises; or
(3) A group of Individuals with Disabilities (as defined by applicable law) living together as the functional equivalent of a Family and entitled to a reasonable accommodation to allow the equal opportunity to use or occupy a Dwelling under applicable law.
(4) This definition does not include or apply to the residents or Employees of a Club, fraternity house, Lodge, or lodging, boarding or rooming house or other facility in which lodging is provided for compensation.
FCCFederal Communications Commission.
FIRE-PROTECTED DISTRICTThe Service Area within which a Fire Department or multiple Fire Departments provide fire protection services.
FLOODA temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the Base Flood.
FLOODPLAIN AREAA relatively flat or low land area that is subject to partial or complete inundation from an adjoining or nearby stream, river, or Watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPLAIN MANAGEMENT VIOLATIONThe failure of a Structure or other Development to be fully compliant with the community's floodplain management regulations. A Structure or other Development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), 1(e)(5) is presumed to be in violation until such time as that documentation is provided.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to Structures that reduce or eliminate Flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents.
FLOODWAY or FLOODWAY AREAThe channel of a river or other Watercourse and the adjacent land areas that shall be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREAThe sum of the several floors of a Building or Buildings measured from the face of the exterior walls or from center lines of walls separating two Buildings. In particular, Floor Area includes, but is not limited to, the following:
(1) Basement space, if it meets the requirement of a building Story.
(2) Elevator shafts, stairwell, and attic space (but only where a floor has been laid in the attic) providing structural headroom of eight feet or more.
(3) Roofed terraces, exterior balconies, breezeways, or porches, provided that over 50% of the perimeter of these is enclosed.
(4) Any other floor space used for Dwelling purposes, no matter where located within the Building.
FORESTRYThe 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.
FORMAL FILINGThe filing of an application for tentative or Final Plan approval, along with the required number of copies and amount of fees, at least 10 days prior to the regularly scheduled monthly public meeting of the Board of Supervisors.
FRONT STREETThe Street that the front of the Dwelling faces.
FRONTAGEThe portion of a Lot that fronts upon a Street or Road.
FRONTAGE, REVERSEThe condition when a Lot has Frontage on two Streets or Roads opposite from one another.
FUNERAL HOMEA Building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GARAGE(1) PRIVATE GARAGEA Building used for storage of one or more automobiles owned and used by the Owner or Tenant of the Lot on which it is erected for a purpose accessory to the use of the Lot.
(2) PUBLIC GARAGEA Building other than a Private Garage, one or more stories in height, used for the storage of automobiles.
GARBAGEThe animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food, but not including compost or Recyclable Materials.
GREEN AREAThe area of a Lot that is not covered by Impervious Surfaces, and which is preserved in its natural vegetated state and/or is landscaped with plant materials and other natural materials; those areas on a Lot including building Setbacks, private yards, and Buffer Areas; and those areas with Active and/or Passive Recreation.
GROSS FLOOR AREA (GFA)The sum of the gross horizontal areas of the several floors of a Building, measured from the exterior face of exterior walls, or from the center line of a wall separating two Buildings, but not including interior Parking Spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
GROUP HOMEA licensed community-based living arrangement functioning as a single household, providing rehabilitative services as well as residential services to Persons who, due to age, Disability or handicap as defined by the Federal Fair Housing Act, as amended (42 U.S.C. §§ 3601 et seq.), are not able to live without professional care or supervision. Group Homes do not include disciplinary facilities confining adjudicated delinquents or convicted criminals, parolees, or supervised probationers under the custody of the courts or county, state, or federal correctional agencies.
HARBHistorical and Architectural Review Board; the board that conducts reviews of proposed building Construction and/or Alteration work within the Historic Districts, and performs other duties as set forth in this chapter.
HEIGHT OF BUILDINGA vertical distance measured from the average elevation of the finished grade along the exterior walls of the Structure to the highest point of the roof.
HISTORIC DISTRICTAn area that possesses a sufficient concentration, linkage, or continuity of Buildings, Structures, sites, objects, or Open Spaces united historically by Plan or physical Development. Such a district may include both distinctive features and features that lack individual distinction. A district may contain Buildings, Structures, sites, objects or Open Spaces that do not necessarily contribute to the significance of the district. A district may include areas that act as a visual buffer to protect the character and significance of the Historic District.
HISTORIC RESOURCE(S)All certified sites, Buildings, and other Structures within the boundaries of the Historic Overlay District; or sites, areas, Buildings, Structures, Trails and/or routes that are valued due to their significance as locations of events, customs, skills and/or arts of the past.
HISTORIC STRUCTURE(S)Any Structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a Registered Historic District or a district preliminarily determined by the Secretary to qualify as a Registered Historic District;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONA business or commercial or professional services activity conducted on a residential property that may require additional review and regulation beyond that of a No-Impact Home-Based Business because of the potential impact on the area in which it is located. A Home Occupation is also defined as a residential business, commercial or professional services activity that does not meet one or more of the requirements for a No-Impact Home-Based Business as regulated in Article
XXVI.
HORSE STABLEA Building in which horses are kept in individual stalls.
HORTICULTUREThe science and art of growing fruits, vegetables, flowers, or ornamental plants.
HOTEL or MOTELA Building or group of Buildings containing 10 or more guest rooms, or a group of such Buildings especially designed for the temporary lodging of transient guests.
IDENTIFIED FLOODPLAIN AREAAny area within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study and may include additional areas identified by the community. See §
135-130A and
B for the specifics of areas included in the Identified Floodplain Area.
IMPERVIOUS SURFACEA surface that does not normally absorb rainfall, such as Buildings, Streets, parking areas, walks, decks, pools, Sheds and similar surfaces and Structures.
INFESTATIONThe persistent presence, within or contiguous to, a Structure or Premises of insects, rats, vermin, feral animals, or other pests, so as to cause an issue to the health, safety or welfare of adjoining properties.
INTERNAL STREETAs applied in the Mobile Home Park provisions, a Street privately owned, constructed and maintained, which functions only to provide direct access to individual Mobile Home Lots.
LAND DEVELOPMENTAny of the following activities:
(1) The improvement of one Lot or two or more Contiguous Lots or Tracts 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;
(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.
LANDOWNERThe record holder of legal title to land; the rightful holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); a lessee if he or she is authorized expressly under the lease to exercise the rights of the Owner, of the land which is the subject of an application for Subdivision and/or Land Development.
LANDSCAPED AREAThat portion of a Tract or Lot in which plantings have been installed in accordance with the special provisions for landscaping in Article
XXV. The Landscaped Area includes the Buffer Planting Strip, as well as plantings that serve a functional and/or aesthetic purpose when located around and between Buildings, Roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance Structures, courtyards, and the like.
LIVESTOCKDomesticated animals raised in an agricultural setting to produce commodities such as milk, meat, and wool.
LIVESTOCK SHELTERA Shed or other like-type enclosure used to contain Livestock and provide protection from the weather.
LOTA 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 AREAThe area of land contained within the Property Lines of a Lot, excluding the following features (NOTE: This definition applies equally to all Zoning Districts.):
Feature | Percent of Feature to Be Excluded |
|---|
Area within any utility easements and utility rights-of-way | 100% |
Area within road rights-of-way or easements for public or private access | 100% |
Area within 100-year floodplains | 85% |
Area of Watercourses and surface water bodies | 85% |
Area within wetlands | 85% |
Area of very steep slopes 25% and greater | 70% |
Area within wetland/watercourse margins | 50% |
LOT LINEA title line or, in the case of a title line located within a Right-of-Way, the Street Line.
(1) FRONT LOT LINEThe Lot Line abutting a Street, or, in the case of an Interior Lot, a Shared Driveway. In the case of a Corner Lot, whichever Street or Shared Driveway abutting Lot Line is elected by the Landowner or Developer when filing any application for Subdivision and/or Land Development subject to the approval of the Township Engineer and the Planning Commission may be deemed the Front Lot Line.
(2) SIDE LOT LINEAny Lot Line that is neither a Front Lot Line nor a Rear Lot Line.
(3) REAR LOT LINEThe Lot Line opposite and most distant from the Front Lot Line. If the Rear Lot Line is less than 10 feet in length, or if the lot forms a point at the rear, the Rear Lot Line shall be deemed to be a line 10 feet in length within the lot, between the Side Lot Lines, parallel to and at the maximum distance from the Front Lot Line.
LOT, CORNERA Lot that abuts two Streets (or a Street and a Shared Driveway) at their intersection if the interior angle of intersection does not exceed 135°. Both Yards abutting said accessways are deemed Front Yards; the Yard opposite one Front Yard is designated a Side Yard, and the Yard opposite the other Front Yard is designated the Rear Yard.
LOWEST FLOORThe Lowest Floor of the lowest enclosed area (including the Basement). An unfinished or Flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a Basement area is not considered a Building's Lowest Floor, provided that such enclosure is not built so as to render the Structure in violation of applicable non-elevation design requirements of this chapter.
MANUFACTURED HOMEA transportable, single-family Dwelling intended for permanent Occupancy, office, or place or assembly, contained in one or more sections, built on a permanent chassis, which arrives at a Lot 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, Recreational Vehicles and other similar vehicles that are placed on a Lot for more than 180 consecutive days.
MANUFACTURED HOME PARKA Lot under single ownership that has been planned and improved for the placement of two or more Manufactured Homes for non-transient use.
MARIJUANA DISPENSARY FACILITYA facility permitted by the Pennsylvania Department of Health under the Medical Marijuana Act (MMA) or any future legislation governing the dispensing of cannabis products.
MARIJUANA GROWER/PROCESSOR FACILITYA facility permitted by the Pennsylvania Department of Health under the Medical Marijuana Act (MMA) or any future legislation governing the growing and/or processing of cannabis products.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, Fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MIXED USEA combination of commercial and residential uses on a Lot, or combination of two uses in a Building.
MOBILE HOMEA transportable, Single-Family Detached Dwelling intended for permanent Occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, that arrives at a Lot 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 LOTAn area 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 Mobile Home Park Owner to the Occupants of the Mobile Home erected on the Lot.
MOBILE HOME PARKA Lot or Tract that contains two or more Mobile Home Lots for the placement of Mobile Homes.
MOBILE HOME STANDThat part of an individual Lot that has been reserved for the placement of the Mobile Home, appurtenant Structures or additions.
MODIFICATION or MODIFYThe improvement, upgrade or expansion of existing Wireless Communications Facilities or base stations on an existing Wireless Support Structure or the improvement, upgrade, or expansion of the Wireless Communications Facilities located within an existing Equipment Compound, if the improvement, upgrade, expansion or replacement does not Substantially Change the physical dimensions of the Wireless Support Structure.
MODULAR SINGLE-FAMILY DETACHED DWELLINGA Dwelling that is Detached and intended for Occupancy by one Family and is constructed using prefabricated parts or modules that are assembled to form the Dwelling Unit.
MOVIE THEATERA Building or part of a Building used for the showing of motion picture films as a principal use.
MULTI-FAMILY DWELLINGA Dwelling Unit in a Building containing three or more Dwelling Units in single ownership including apartments.
MUNICIPAL USEAny Building, other Structure, facility, complex, area or use specifically provided, constructed, or maintained by the municipal government of Chadds Ford Township or a municipal authority created or organized in whole or in part by Chadds Ford Township.
NATIONAL REGISTERThe National Register of Historic Places, a list maintained by the Secretary of the Interior composed of Buildings, sites, other Structures, objects and districts of national, state or local significance in American history, architecture, archaeology, engineering and culture.
NATURAL FEATURESAny naturally occurring tree, plant life, habitat or geological site, not including man-made improvements.
NATURE CENTERA facility where people are educated about the environment, with particular emphasis on flora and fauna.
NEW CONSTRUCTIONNew Construction means, for the purposes of determining insurance rates, Structures for which the "start of Construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such Structures. For floodplain management purposes, New Construction means Structures for which the start of Construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such Structures.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an Accessory Use that is clearly secondary to the use as a residential Dwelling and that involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the Premises, in excess of those normally associated with a residential use.
NOISEAny sound that annoys or disturbs humans or animals or that causes or tends to cause an adverse psychological or physiological effect on humans or animals.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)Wireless Communications Facilities that are Collocated 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.
NONCONFORMING LOTA Lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA 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 to its location by reason of annexation. Such Nonconforming Structures include, but are not limited to, Nonconforming Signs and Buildings.
NONCONFORMING USEA use, whether of land or of Structure, that does not comply with the applicable use provisions in a 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.
OCCUPANCYThe purpose for which a Building or portion thereof is utilized or occupied.
OCCUPANTAny individual occupying, living or sleeping in a Building or having possession of a space within a Building.
OFFICE BUILDINGA Building designated or used primarily for office purposes, no part of which is used for manufacturing or Dwelling purposes.
ON-SITE SEWAGE DISPOSALA single system of piping, a septic tank or other Approved facility serving a single Lot and collecting and disposing of Sewage in whole or in part into the soil through a septic tank filter field.
OPEN SPACE(1) Designated areas that fulfill the requirement for either Common Open Space in a PRD, or other Open Space required under the Open Space Conservation Option; or
(2) Land owned and/or maintained by Chadds Ford Township that has been designated for open space protection, and lands designated in the Open Space Plan as Open Space Protection Focus Areas.
OPEN SPACE PLANThe Chadds Ford Township Open Space Plan of 2007 and 2018, and any updates thereto.
OPERATORAny Person who has charge, care or control of a Structure or Premises.
OUTDOOR DININGRestaurant service on a terrace, courtyard, sidewalk, deck, or like-type space that adjoins the Restaurant.
OUTDOOR DINING AREAAny outdoor space adjoining a Restaurant without drive-through service where waitressed food service is provided.
OWNERAny Person, Agent, Operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such Person, and the executor or administrator of the estate of such Person if ordered to take possession of real property by a court.
PASTURELand covered with grass or other Vegetation suitable for grazing animals, especially cattle or sheep.
PENAL FACILITYA facility occupied by Persons that have been sentenced by Court to serve time for correctional behavior.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PERSONAL SERVICE SHOPAn establishment primarily engaged in providing services involving the care of a Person of his or her goods or apparel. Examples of such uses include hair and beauty salons, barber shops, laundry and dry-cleaning establishments, shoe repair shops, tailors and other similar establishments.
PHILANTHROPIC USEA use that provides or plans for the provision of essential foods and services such as food, housing, clothing, counseling, aid or assistance to those in need, for no fee or compensation or at a fee recognized as being significantly less than the cost of the goods and services.
PLANA drawing or set thereof depicting the current and proposed physical features of and improvement to land, and the proposed Development thereof.
(1) ARCHITECTURAL PLANA drawing or set thereof depicting the proposed form, composition, and materials of a Building.
(2) AS-BUILT PLANA Plan prepared by a surveyor or engineer showing dimensions and locations of all improvements as actually constructed.
(3) FINAL PLANA Subdivision plan and/or Land Development Plan prepared for official recording purposes depicting all features required in this chapter, and Chapter
110, Subdivision and Land Development.
(4) LAND DEVELOPMENT PLANA sketch, preliminary or Final Plan including written and graphic documentation showing the provision for Development of a subject Tract when Plans of Subdivision would not be applicable.
(5) LANDSCAPE PLANA Plan depicting the design intent for the form, composition, species, sizes, quantities, installation and maintenance of plantings, prepared in accordance with this chapter and Chapter
110, Subdivision and Land Development.
(6) PRELIMINARY PLANA Subdivision and/or and Land Development Plan filed as a basis for consideration and approval prior to preparation of a Final Plan depicting all features required in Chapter
110, Subdivision and Land Development, including an improvements Construction Plan, conservation Plan and all other Plans, documents and submissions required therein.
(7) SKETCH PLANA schematic Plan, not necessarily to exact scale, indicating topographic, vegetative and other salient existing features of a Tract and its surroundings and the general layout of the proposed Subdivision and/or Land Development in sufficient detail to provide disclosure of all significant review matters prior to the filing of a Preliminary Plan for a proposed Subdivision and/or Land Development.
(8) TENTATIVE PLANThe initial Plan submission prior to Final Plan submission for a Planned Residential Development (PRD).
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a Landowner, to be developed as a single entity for a number of Dwelling Units, or combination of residential and nonresidential uses, the Land Development Plan for which does not correspond in lot size, bulk, type of Dwelling, or use, density, or intensity, lot coverage and required Open Space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
PLASMAA video display technology that relies upon the electric excitation of phosphors to emit light.
POST-FIRM STRUCTUREA Structure for which Construction or Substantial Improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM), dated September 5, 1979, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRACTITIONERA Person engaged in a professional endeavor such as a Doctor, Lawyer, Architect, or like-type profession.
PRE-FIRM STRUCTUREA Structure for which Construction or Substantial Improvement occurred on or before December 31,1974, or before the community's initial Flood Insurance Rate Map (FIRM), dated September 5,1979, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
PREMISESThe property including any Structures thereon.
PRIVATE STREETA Street or Road not offered or required to be offered for dedication or duly accepted by the Board of Supervisors as a Public Street.
PROFESSIONAL OFFICEThe office of a member of a recognized profession maintained for the conduct of that profession.
PROJECTED AREAThe two-dimensional area measurement of a three-dimensional object created by projecting its shape onto a plane.
PUBLIC GARDENAn outdoor passive recreation facility open to the public for the enjoyment and interpretation of various plantings and potential outdoor installations of art and sculpture.
PUBLIC HEARINGA formal meeting held pursuant to Public Notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MARKETAn indoor or outdoor market consisting of two or more vendors, typically operating on a seasonal basis and selling regionally produced items.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC STREETA paved accessway that is manifest in one or more of the following: all state Roads and Highways; all dedicated Roads maintained by the Township; all Roads for which the offer of a deed of dedication has been made; and all Private Streets over which the general public has the right of access.
RECREATION(1) ACTIVE RECREATIONRecreational activities that involve athletic and/or rigorous physical exertion. Such activities include but are not limited to individual or team sports, running, biking, boating/canoeing, swimming and horseback riding.
(2) ACTIVE RECREATION FACILITYA recreational area and supporting infrastructure designed specifically for Active Recreation that can have a significant impact on the surrounding environment. Such facilities generally require Development and Alteration of an area, including the Construction of supporting infrastructure. Active Recreation Facilities include, but are not limited to football fields, baseball fields, basketball courts, soccer fields, swimming pools, golf courses, playgrounds, tennis courts, skating and roller rinks. Active Recreation Facilities do not include Community Centers or Commercial Recreation Facilities.
(3) COMMERCIAL RECREATION FACILITYA facility operated as a business and open to the public for a fee for the purposes of health and fitness, exercise, racquetball, swimming and like sports and activities.
(4) PASSIVE RECREATIONRecreational activities that are low impact, usually quiet and not rigorously athletic. Such activities may include, but are not limited to walking, hiking, picnicking, bird watching and wildlife observation, and fishing.
(5) PASSIVE RECREATION FACILITYAn Open Space area supporting Passive Recreation activities that generally requires little or no Development or Alteration of the site. Passive Recreation Facilities include but are not limited to Trails for walking/jogging, nature Trails, wildlife observation areas, public gardens, memorial parks and picnic areas.
(6) PRIVATE RECREATIONA recreational enterprise or activity conducted by a Club or organization that charges dues for membership.
(7) PUBLIC RECREATIONA recreational enterprise or activity conducted by a federal, state, county, or municipal agency, and offered to the general public.
RECREATIONAL VEHICLEA vehicle that is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; not designed for use as a permanent Dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.
RECYCLABLE MATERIALSMaterials that would become municipal solid waste if not collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. Such materials are identified by the stamps thereon and accepted by recycling haulers.
REGISTERED HISTORIC DISTRICTAn Historic District listed in the National Register of Historic Places, or a state or local Historic District whose status has been certified by the Secretary of the Interior substantially meeting all the requirements for National Register listing.
REGULATORY FLOOD ELEVATIONThe Base Flood Elevation (BFE) or estimated Flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
RELIGIOUS USEA Structure and grounds in which worship, ceremonies, rituals and education pertaining to a particular religion are held.
REMOTE PARKINGParking intended to meet required parking or overflow parking on a Property remote from the use(s) served, either owned by the same party(ies) as the use(s) served or secured by documented agreement from another Owner.
REPETITIVE LOSSFlood-related damages sustained by a Structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such Flood event, on average, equals or exceeds 25% of the market value of the Structure before the damages occurred.
REPLACEMENT OF A SMALL WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT OF SMALL WCF)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.
RESERVE PARKINGParking Spaces that are planned for but not actually built unless and until necessary.
RESTAURANTA business devoted to the sale and preparation of food and beverages that are primarily consumed on the Premises.
RETIREMENT COMMUNITYA planned community operating under one of the Housing for Older Persons exemptions from the federal Fair Housing Act.
RIGHT-OF-WAYA strip of land granted or reserved for public or private use.
RUBBISHCombustible and noncombustible waste materials, except Garbage, Recyclable Materials and Compost; the term shall include the residue from the burning of wood, coal, coke and other combustible materials; paper rags; cartons; boxes, wood; building materials; rubber; leather; tree branches; tin cans; metals; mineral matter; glass; crockery; dust and other similar materials.
SERVICE BUILDINGA Structure housing operational, office, recreational, maintenance, and other facilities in a Mobile Home Park built to conform to local standards.
SETBACK1) The required distance from a Lot Line to a Structure; 2) The required distance between two Structures, e.g., "the Setback between Buildings."
SEWAGEThe total of organic waste and wastewater generated by residential, commercial, institutional, industrial, recreational or other establishments.
SEWER CONNECTIONThe Sewer Connection of a Mobile Home consists of all pipes, fittings, and appurtenances from the drain outlet of the Mobile Home to the inlet of the corresponding Sewer Riser Pipe.
SEWER RISER PIPEThe Sewer Riser Pipe of a Mobile Home is that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each Mobile Home space.
SEWER SYSTEMAn off-site system in which Sewage is collected, conveyed, treated or disposed by means approved by the Pennsylvania Department of Environmental Protection; in accordance with a sewage facilities Plan Approved by the Township.
SHARED DRIVEWAYA driveway used for shared vehicular access by two or more uses or Lots.
SHARED PARKINGDesignated vehicle Parking Spaces that are used by the Occupants of two or more uses, or two or more Buildings, either in a common parking lot or in adjoining parking lots.
SHEDA permanent Accessory Structure, not occupied by Person or animal, used for the storage of materials and equipment, but not for the storage of motor vehicles.
SHOPPING CENTERA group of commercial establishments that are attached, Detached, or a combination of attached and detached that are planned, constructed and managed as a total entity, with customer and employee parking provided.
SIGHT DISTANCEThe required length of unobstructed visibility along a Street for a motorist.
SIGNAny Structure, device, light or natural object, including the ground itself, or any part thereof, or any device attached thereto or painted or represented thereon that is used to attract attention and is intended to be seen from off the Premises or from a parking lot. The word Sign includes, but is not limited to, Signs that are inside Buildings and are intended to be seen from roadways or parking lots through windows and/or glass doors. No other indoor Sign is deemed a "Sign" within Article
XXIII.
(2) BILLBOARD SIGNA freestanding large panel Sign with an area in excess of 60 square feet, including any associated supporting Structure whether permanent, temporary or moveable. Each face of a billboard constitutes a separate billboard.
(3) CANOPY SIGN OR AWNING SIGNAny Sign that hangs from or is part of, attached to, painted on or affixed to a Structure made of cloth, canvas, metal, wood, plastic, or similar material, over a door, entrance, window or outdoor service area other than a Marquee Sign. Such Signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the Building. Awnings and canopies having advertising are considered Projecting Signs when extending more than 15 inches from the face of the supporting Structure.
(4) FREESTANDING SIGNA Sign not attached to a Building. This category includes Signs with any support Structure independent of a Building, including, but not limited to, columns, poles, posts or masonry Structures.
(5) GROUND SIGNAny Sign, other than a Pole Sign, placed upon or supported by the ground independent of any Structure, where the face of the Sign is less than six feet from the ground and is of a permanent nature.
(6) ILLUMINATED SIGNA Sign that either emits artificial light through any transparent or translucent material or a Sign illuminated by a light focused upon or chiefly directed at the surface of the Sign.
(7) MARQUEE SIGNAny Sign attached to a Building directly above an entrance thereto that projects over a sidewalk or other area.
(8) (a) ELECTRONIC DISPLAY SCREEN (EDS)A Sign, or portion of a Sign, that displays an electronic image or video, which may or may not contain text. This definition includes television screens, Plasma screens, digital screens, flat screens, LED (Light Emitting Diode) screens, video boards, and holographic displays, or any display of similar nature which uses LCD (Liquid Crystal Display), CRT (Cathode Ray Tube) or similar technology.
(b) ELECTRONIC MESSAGE CENTER (EMC)Any Sign, or portion of a Sign, that uses changing lights to form a message or messages in text or pictures, whereby the sequence of messages and the rate of change are electronically programmed and can be modified by electronic processes or similar technology.
(9) NONCONFORMING SIGNAny existing Sign that was permitted when Article
XVIII, "Signs" was enacted that no longer conforms in area, size, height, location and/or use because of changes to regulations.
(10) ON-PREMISES SIGNA Sign relating in its subject matter to the Premises on which it is located, or to products, accommodations, services, or activities on the Premises. On-Premises Signs do not include Signs erected by outdoor advertising industry in the conduct of the outdoor advertising business.
(11) PARALLEL SIGNA Sign that is mounted parallel to a wall or other vertical building surface, not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 15 inches from the wall surface.
(13) PORTABLE SIGNA Sign that is not permanent, affixed to a Building Structure or to the ground, including, but not limited to, "A-Frame" Signs, "Roll-Out" Signs, "Wheeled-Signs" or "Mobile-Stand" Signs.
(14) PROJECTING SIGNA Sign which is attached directly to the Structure wall and which extends more than 15 inches from the face of such wall.
(15) REAL ESTATE SIGNA Sign located on a Lot which is for sale or lease, that includes the sale or lease of improvements thereon.
(16) TEMPORARY SIGNA Sign that can be removed without special handling and/or is made of any temporary material such as paper, cardboard, vinyl or plastic.
(17) THREE-DIMENSIONAL SIGNA Sign wherein the lettering, logos, or design projects more than three inches from the face of the Sign or a Sign with a sign box more than 12 inches in depth.
(18) WALL SIGNA Sign that is attached directly to or painted upon a Building or wall, also known as a "facade Sign."
SILVICULTUREThe maintenance of a forest or Woodland to promote the health and longevity of trees.
SINGLE AND SEPARATE OWNERSHIPThe ownership of property by any Person, which ownership is separate and distinct from that of any adjoining property.
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)A Building containing at least three separately owned Dwelling Units, each of which is separated by party wall on opposite sides, and each of which has only one Dwelling Unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open areas to the front and rear (internal units) or front, rear and one side (end units). Each unit shall be referred to as a single-family attached unit.
SLOPE, STEEPThose areas of land characterized by a change in elevation of 15% up to 25% based on three consecutive two-foot contours, which is six cumulative vertical feet of grade change.
SLOPE, VERY STEEPThose areas of land characterized by a change in elevation in excess of 25% based on three consecutive two-foot contours, which is six cumulative vertical feet of grade change.
SMALL WIRELESS COMMUNICATIONS FACILITYA Wireless Communications Facility that meets the following criteria:
(1) The Wireless Support 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 height prior to the Co-location of any WCF as a result of the Co-location of new Antenna facilities; and
(2) Each Antenna associated with the deployment (excluding the Accessory Equipment) is no more than three cubic feet in volume; and
(3) All Accessory Equipment associated with the Wireless Support Structure including the wireless equipment associated with the Antenna and any pre-existing associated equipment on the Wireless Support Structure, is cumulatively no more than 28 cubic feet in volume; and
(4) The Wireless Communications Facility does not require Antenna Structure registration under 47 CFR Part 17; and
(5) The Wireless Communications Facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The Wireless Communications Facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
SPECIAL EXCEPTIONA use that is not permitted by right or as a Conditional Use but which may be authorized by the Zoning Hearing Board after Public Hearing, provided that the proposed use is in accordance with the express standards and criteria specified in this chapter and is in conformity with other applicable general standards.
SPECIAL FLOOD HAZARD AREA (SFHA)A Floodplain Area subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
STALL DEPTHThe length of a Parking Space in a parking lot.
START OF CONSTRUCTION[For other than New Construction or Substantial Improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)]
Includes Substantial Improvement, and means the date the building permit was issued, provided the actual start of Construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent Construction of a Structure on a site, such as the pouring of slab or footings, the installation of piles, the Construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of Streets and/or walkways; nor does it include excavation for a Basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of Accessory Buildings, such as garages or Sheds not occupied as Dwelling Units or not part of the main Structure. For a Substantial Improvement, the actual start of Construction means the first Alteration of any wall, ceiling, floor, or other structural part of a Building, whether or not that Alteration affects the external dimensions of the Building.
STEALTH TECHNOLOGYCamouflaging methods applied to Wireless Communications Facilities and Accessory Equipment which render them more visually appealing or blend the proposed facility into the existing Structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted Antennas, building-mounted Antennas painted to match the existing Structure and facilities constructed to resemble trees, shrubs, and light poles.
STORYThat part of a Structure included between any floor and the floor or roof next above. When applied to the permissible Height of Buildings, the term "Story" shall not include a Basement if the Basement is not designated for living quarters and if the floor thereof is more than five feet below the average ground level.
STREETA Street, avenue, pike, boulevard, Road, Highway, freeway, parkway, lane, Alley, viaduct and any other used or intended to be used by vehicular traffic or pedestrians whether public or private.
STRUCTUREAny manmade object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a Lot or Tract of land by any means into two or more Lots, Tracts, 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, conveyance or other transfer of ownership or Building or lot Development; excluding, however, the Subdivision by lease of land for agricultural purposes into Lots of more than 10 acres, not involving any new Street or Easement of access of any residential Dwelling.
SUBSTANTIAL CHANGEAny Alteration that substantially changes the physical dimensions of a support Structure if it meets the criteria established by 47 CFR 1.6100.
SUBSTANTIAL IMPROVEMENT(1) Any repair, reconstruction, or improvement of a Structure, the cost of which equals or exceeds 50% of the market value of the Structure either:
(a) Before the improvement or repair is started; or
(b) If the Structure has been damaged, and is being restored, before the damage occurred.
(2) The term does not, however, include either:
(a) Any project for improvement of a Structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the Code Enforcement and Zoning Officer and that are the minimum necessary to ensure safe living conditions; or
(b) Any Alteration of an Historic Structure, provided that the Alteration will not preclude the Structure's continued designation as an Historic Structure.
TENANTA Person, corporation, partnership or group, whether or not the legal Owner of record, occupying a Building or portion thereof as a unit.
TOP OF BANKThe point along either side of a stream at which the slope change in the natural topography defines a channel capable of containing the flow in a natural Watercourse during normal flow conditions.
TOWNSHIPThe Township of Chadds Ford, Delaware County, Pennsylvania.
TOWNSHIP ENGINEERA professional engineer (P.E.) licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township; or a firm of such engineers employed by the Township or retained as a consultant thereto.
TRACT(1) In the context of a Planned Residential Development or any application in the CC District, a Lot of land intended for Development that may consist of one or more Contiguous Lots held in Single and Separate Ownership at the time of application and developed pursuant to a common Plan by agreement of the Owners. The holder of an option or contract to purchase, a lessee who is authorized by the terms of the lease to develop the Tract with a lease for a remaining term of not less than 40 years, or other Persons having an enforceable proprietary interest in such land shall be deemed Owners for the purposes of this chapter.
(2) In the context of all other Development, an area, Parcel, site, Lot, or Property which is or previously was the subject of a Subdivision and/or Land Development Plan application.
TRAILA route or path developed primarily for outdoor recreational purposes.
TREE MASSA contiguous grouping of five or more trees.
TWO-FAMILY DETACHED DWELLINGEach Dwelling within a Building containing two Dwellings from ground to roof, each of which has independent outside access and open space on all sides.
UNIFORM CONSTRUCTION CODE (UCC)The statewide building code, contained in 34 Pa. Code Chapters 401 through 405, as amended from time to time, and incorporated herein by reference as the municipal building code of this municipality, adopted by Chadds Ford Township to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.
VALET PARKINGA service in which professional drivers, known as "valets," park and retrieve customers' vehicles.
VAPE SHOPA commercial enterprise that primarily sells vaping products, electronic cigarettes products and related products.
VARIANCERelief from the strict terms of this chapter, by order of the Zoning Hearing Board, after Public Hearing, when authorized by law.
VEGETATIONAll the plants or plant life of a place, taken as a whole.
VISITORS CENTERA Building that provides tourist information and services to visitors.
WATER SYSTEMAn off-site system in which water is distributed and supplied by means Approved by the state and the Township, and administered, operated and maintained by an organization that is regulated by a governmental agency, authority or commission.
WATERCOURSEA stream with year-round or substantially year-round flow, such as a creek, run, river, or like moving water channel.
WETLANDAn area with hydric soils that are inundated or saturated by surface water and/or groundwater that supports hydrophytic Vegetation such as swamps, bogs, marshes and the like, such areas being regulated by the U.S. Army Corps of Engineers and/or the PA DEP.
WETLAND MARGIN or WATERCOURSE MARGINAny area located within 25 feet of any Wetland or any Watercourse, measured horizontally on a line perpendicular to the edge of the Wetland or, in the case of a Watercourse, to the edge of the water at Bankfull Flow.
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 stand-alone basis or commingled with other wireless communications services.
WIRELESS SUPPORT STRUCTUREA 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).
WOODLANDA Tree Mass or plant community of 10,000 square feet or more, in which either:
(1) Tree species are dominant or co-dominant and in which the branches of trees form a complete, or nearly complete, aerial canopy; or
(2) Trees are growing in close proximity to each other with the average Caliper of such trees being not less than four inches DBH; or
(3) It is an area where timber has been harvested or trees damaged in the recent past that is being rejuvenated.
YARDAn area of each Lot, extending along the pertinent Lot Line and inward to a principal Structure. The depth of the Yard is the shortest distance between the principal Structure and the pertinent Lot Line.
(1) FRONT YARDA Yard between a principal Structure and a Street Line, extending the entire length of the Street Line.
(a) For a Corner Lot, the Yards extending along all Streets or Shared Driveways are Front Yards.
(b) For a Reverse Frontage Lot, the Yard extending along the Street to which access is provided is the Front Yard.
(2) REAR YARDA Yard between a principal Structure and a Rear Lot Line, extending the entire length of the Rear Lot Line. For a Corner Lot, the Yard opposite the Front Street is the Rear Yard.
(3) SIDE YARDA Yard between a principal Structure, not including a fence or wall under four feet in height, and a Side Lot Line, extending the entire length of the Side Lot Line. For a Corner Lot, all Yards that are neither Front Yards nor Rear Yards are Side Yards.
ZHBThe Chadds Ford Township Zoning Hearing Board.
ZONING OFFICERThe administrative officer designated by the Board of Supervisors to administer this chapter.