Zoneomics Logo
search icon

East Vincent Township
City Zoning Code

PART 2

DEFINITIONS

§ 27-201 Interpretation.

[Ord. 162, 6/12/2002, § 200; as amended by Ord. 179, 12/1/2004]
1. 
Unless otherwise expressly stated, the following words shall be construed throughout this chapter to have the meaning set forth in this Part. Words used in the present tense include the future.
2. 
The singular includes the plural and the plural the singular. The masculine gender includes the feminine and the neuter. The words "shall" or "must" are mandatory.
3. 
The words "district" and "zone" shall be synonymous.
4. 
The word "person" includes an individual, corporation, partnership, incorporated association or other similar entity.
5. 
The word "includes" or "including" shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."

§ 27-202 Definitions.

[Ord. 162, 6/12/2002, § 201; as amended by Ord. 166, 10/16/2002; by Ord. 179, 12/1/2004; by Ord. 182, 12/1/2005, § 1; by Ord. 188, 10/18/2006, § 1; by Ord. 203, 12/14/2009; by Ord. 207, 5/19/2010, § 1; by Ord. 214, 7/13/2011, § 1; by Ord. 234, 2/7/2018, §§ I and II; and by Ord. 237, 4/3/2019, § 1]
1. 
For the purpose of this chapter, certain words and phrases shall have the following meanings. Words and phrases not included in this section shall have their common meanings.
ABANDONMENT
An intentional and absolute relinquishment and cessation of that use without intention to resume the said use for a period of time or the voluntary discontinuance of a use for a continuous period of time as indicated within § 27-1803.4.
ABUT
To border upon, or lie next to, but not necessarily "contiguous" or "adjoining," which see.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of the structure. The term "accessory use" shall not include any home occupation, as hereinafter defined.
ACT 247
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, (P.L. 805) as now and hereafter amended, by Acts 67, 68, and 127 of 2000, 53 P.S. § 10101 et seq.
ADJOINING
Touching at some point or along a line.
ADULT-ORIENTED USE
Any adult bookstore, adult cabaret, or adult mini-picture theater, as defined herein and which, under the Pennsylvania Obscenity Code, must exclude minors or may not knowingly distribute to minors.
A. 
ADULT BOOKSTOREA commercial establishment, having as a substantial or significant portion of its stock in trade, whether for sale or rental, books, magazines, videos, novelties, or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" as defined herein.
B. 
ADULT CABARETA cabaret, tavern, theater, or club which features strippers, male or female impersonators or similar entertainers who exhibit, display, or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.
C. 
ADULT MINI-MOTION PICTURE THEATERAn enclosed building offering video presentations distinguishing or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" for observation by patrons within private viewing booths and/or by use of token or coin operated projectors or other video machines.
D. 
ADULT THEATERAny business, indoor or outdoor, which exhibits a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code.
E. 
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of a massage or body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the State. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
AGE RESTRICTED COMMUNITY
A development of individual or multiple dwelling units that is designed and operated for mature adults with or without certain support facilities. Age restricted community may include "assisted living community" as defined in this Part. The residents thereof need not be actually retired from their occupation or employment, however, they must have attained the age of at least 55 years or are elderly families (i.e., families whose heads or their spouses are at least 55 years of age or are under a disability as defined in § 223 of the Social Security Act or in § 1025 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970).
AGE-RESTRICTED RESIDENCES
Residences restricted to heads of households age 55 or over and with no children under age 18 residing on a permanent basis.
AGRICULTURAL LOT
Existing lot of record intended for continued agricultural use and from which a new lot or lots is/are created for the purposes of very low density, rural residential development. See § 27-403.2E(1) for applicability.
AGRICULTURE
The cultivation of the soil and the raising and harvesting of the products of the soil including, but not limited to, nurserying, horticulture, and the breeding and raising of livestock, and poultry, excluding pets such as dogs, cats, rabbits and the like and excluding horses for the personal recreational use of the occupant of the principal house.
ALTERATION
Any construction or renovation to an existing structure other than repair or addition.
ANTENNA
A device used to receive or transmit wireless communications signals including, but not limited to, cellular panels, microwave dishes, monopoles and whip antennae.
APPLICANT
A landowner or developer, as herein after defined, who has filed an application for development, including heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Any application, whether preliminary or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a grading permit, building permit, for the approval of a subdivision plat or plan, or for the approval of a land development plan.
ASSISTED LIVING COMMUNITY
An age-restricted residential community comprising one or more principal residential structures containing dwelling units for assisted living or personal care whose residents are provided proper professional care, supervision, and nursing in accordance with all applicable State licensing requirement.
BASEMENT or CELLAR
That portion of a building which is partly below and partly above grade. A basement shall be counted as a story for purposes of measurement of building height if the vertical distance between the ceiling of the basement and the average level of the adjoining ground is more than five feet, or where the basement is used as an office (which office use shall be subject to all of the other applicable provisions of this chapter) or for dwelling purposes, but not where used solely as a game or recreation room and/or a garage.
BERM
A raised earthen structure generally level and formed of compacted soils used for (1) the control of stormwater or other liquids, either by impoundment or diversion, or (2) for screening or landscaping purposes.
BOARD
For the purpose of this chapter, the term refers to the East Vincent Township Board of Supervisors. This term is not intended to include the Zoning Hearing Board.
BUFFER AREA
An area to be used as a visual and/or auditory barrier, consisting of a mound, berm or strip of land planted and maintained as an effective barrier separating parcels or uses of land in which no building is permitted.
BUILDING
A structure or appendage to a structure which is permanently affixed to the land, and is used for human, animal or chattel enclosure, or in the case of a mobile home, connected in any fashion to any source of electricity, gas, heating fuel, telephone, or to a sewage disposal or water system of any type.
BUILDING COVERAGE
The ratio of the total ground floor area of all buildings, plus the total surface area of any roof overhangs and decks, on a lot to the total lot size of the lot on which they are located, expressed as a percentage.
BUILDING HEIGHT
Where measured as a distance, building height is the vertical distance measured from average finished grade at all foundation corners of the building, or at not less than 10 equidistant points in the case of a circular structure, to a point midway between the highest and lowest points of the roof, excluding the chimney or any superstructure above the roof such as stair or elevator bulkheads, water towers, etc. Where measured as a number of stories, building height shall include all stories containing habitable floor area and shall include the basement where applicable. Also see "basement." For structures other than buildings, see "height."
BUILDING INSPECTOR
The Code Enforcement Officer or other designated authority charged with the administration and enforcement of the Township Building Code [Chapter 5, Part 1].
BUILDING LINE
A line passing through the point of a building nearest to the front lot line, parallel to such line and at a distance therefrom established by the actual location of the building; the building line may be the same as the "building setback line" or may be farther from the front lot line, but cannot be closer to the front lot line than the building setback line.
BUILDING PERMIT
A statement issued and signed by the Building Inspector/Code Enforcement Officer authorizing the erection, alteration, or enlargement of a building or structure. The statement should indicate that the proposed activity complies with the applicable Township codes and ordinances.
BUILDING SETBACK LINE
A line established within a lot, measured from the street right-of-way line and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of a corner lot, the building setback line shall be established parallel to all streets. In the case of an interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way measured from the property line nearest the street, for the entire width of the lot, defining the minimum distance in which no building may be constructed.
BUILDING, PRINCIPAL
A structure in which is conducted, designed to be conducted or intended to be conducted, the primary use of the lot on which it is located.
BULK
A term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and or lot lines and includes: the size, height, and floor area of a building or other structure; the relation of the number of dwelling units in a residential building to the area of the lot (usually called density); and, all open areas in yard space relating to buildings and other structures.
BUS SHELTER
A frame-like structure enclosed on a maximum of three sides built to mark an existing regional transportation system bus stop and to shelter pedestrians from the weather while waiting for buses in a public or private regional transportation system.
CAMPGROUND or RECREATIONAL VEHICLE PARK
A lot of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. "Temporary" shall mean not to exceed 14 days in any one calendar year.
CAMPSITE or RECREATIONAL VEHICLE SITE
A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, tent, or other individual camping unit on a temporary basis. "Temporary" shall mean not to exceed 14 calendar days in any one calendar year.
CARPORT
A roofed-over structure, open on at least two sides, used in conjunction with a dwelling for storage of private motor vehicles.
CARTWAY
That portion of a street right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
CELLAR
See "basement."
CEMETERY
Land used or intended to be used for the burial of the deceased, including crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CENTRAL SEWAGE COLLECTOR AND TREATMENT SYSTEM
A sanitary sewage collection and treatment system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities approved by the applicable agencies.
CENTRAL WATER SUPPLY SYSTEM
A system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off site and may be publicly or privately owned.
CERTIFICATE OF OCCUPANCY
A statement signed, issued, and enforced by the Building Inspector/Code Enforcement Officer upon completion of construction of a new building or upon change or conversion of the structure or use of a building, which establishes that a building and the lot upon which it is situated comply with all requirements and regulations as provided in this chapter and other applicable codes, and that the same may be appropriately used for the intended use.
CHURCH
A building utilized for public divine worship. The term church shall also include accessory temple, hall, synagogue, mosque, rectory, parish house or parsonage.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer, charged with enforcing the literal terms of this chapter or the representative agent of the Zoning Hearing Board. The Code Enforcement Officer is the Zoning Officer as described in Municipalities Planning Code, § 614, 53 P.S. § 10614.
COMMERCIAL
A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.
COMMON OPEN SPACE
Restricted open space within a development designed and intended for the use or enjoyment of residents of the development, and conforming to all applicable provisions of Part 9 of this chapter.
COMPOSTING
The processing of source-separated wastes such as plant waste, agricultural waste, pre-consumer and post-consumer food residuals, yard waste, card board, land clearing and other grubbing material, provided such processing produces a finished product for marketing and distribution, such as mulch, a soil additive, fertilizer, or other landscaping product(s). The term composting shall not include any processing of biosolids or sewage sludge, nor construction or rubber waste. No more then 5% of such source-separated waste can consist of untreated wood waste, gypsum wallboard, paper cardboard, waxed cardboard, virgin paper mill sludge, or spent mushroom substrate.
COMPREHENSIVE PLAN
The "Comprehensive Plan of East Vincent Township," as adopted and amended from time to time.
COMPREHENSIVE TRAIL SYSTEM
A system of interlinking trails throughout East Vincent Township, designated for transportation and recreation purposes. The Township Comprehensive Trail System Plan delineates existing and proposed trails and is available from the Township.
CONDITIONAL USE
A use which is not necessarily appropriate to a particular zoning district, but which may be suitable when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are approved or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission as set forth in Part 19.
CONDOMINIUM
A form of ownership of real property including an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980 as may be amended from time to time, 68 Pa.C.S.A. § 3101 et seq.
CONSERVATION PLAN
A plan for the conservation of precipitation and soils meeting the standards established and revised from time to time by the Pennsylvania Department of Environmental Protection, the Chester County Soil and Water Conservation District, and by the Natural Resources Conservation Service of the U.S. Department of Agriculture.
CONSTRUCTION
The erection or alteration of any structure and/or any disturbance of the existing surface of the land or any disturbance to existing vegetation related to the erection or alteration of structures thereon, including the cutting of trees or clearing of brush, provided that limited disturbance to soil or vegetation associated with the entering upon the premises for purposes of surveying, staking, or to obtain necessary data on existing conditions shall not be deemed "construction."
CONTIGUOUS
Touching along all or most of one side. Not the same as "abut," which see.
CONTRIBUTING RESOURCE
A building, structure or site adding to the historical significance of an individual property or an historic district. Contributing resources included in the East Vincent Township Historic Resource Inventory shall be regulated as Class I or Class II resources with the same classification as the principal resource(s) to which they contribute.
CONVERSION
An alteration of a building, structure or land by change of use, theretofore existing, to a new use which imposes other special provisions of a law governing building construction, equipment, exits, or zoning regulations.
CORNICE LINE
An imaginary line that differentiates the roof of a structure from its walls, closely following the cornice, generally a horizontal molding projecting along the top of a wall, building, etc.
CULTURAL STUDIO
A facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.
DATUM
Used as a basis for calculations or measurements, as a level from which elevations are measured in surveying.
DAYCARE
As defined and regulated by the Pennsylvania Department of Public Welfare.
DBH (dbh)
The diameter of a tree at breast height, more specifically measured 4.5 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree.
DEMOLITION or DEMOLISH
In the context of Part 14, the razing or destruction, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.
DEPARTMENT STORE
A retail store commonly accepted as a "department store," with total floor area exceeding 60,000 square feet, but with a maximum floor area of 135,000 square feet.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission from a landowner, who makes or causes to be made an application for subdivision and/or land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
DEVELOPMENTAL DISABILITY
A disability of a person which has continued or can be expected to continue indefinitely, which disability is attributable to mental retardation, cerebral palsy, epilepsy or autism; is found to be attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or is attributable to dyslexia resulting from such disability.
DEVELOPMENTALLY DISABLED PERSON
A person with a developmental disability.
DRIP LINE
A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
DUMP
Any lot upon which trash, debris and other refuse are periodically and illegally deposited; not a permitted use.
DWELLING or DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities, for occupancy by only one family (including any domestic servants 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. Dwelling units may be classified, but not limited to, the following:
A. 
SINGLE-FAMILY DETACHED DWELLINGA building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
B. 
TWO-FAMILY DWELLINGA building containing two dwelling units; a twin or duplex.
(1) 
TWINA building containing two dwelling units, separated by a party wall, each having independent outside access and open space on three sides.
(2) 
DUPLEXA building containing two dwelling units from ground to roof, one above the other, each of which has independent outside access and open space on all sides.
C. 
MULTI-FAMILY DWELLINGA building containing three or more dwelling units; including, but not limited to, fourplex (quadraplex), townhouse (single-family, attached), apartment buildings, and other similar building types.
(1) 
FOURPLEX or QUADRAPLEXFour dwelling units contained in a single residential building, each of which is exposed to the exterior on two nonparallel sides, and all of which include principal living space on the ground floor level.
(2) 
TOWNHOUSES or SINGLE-FAMILY ATTACHED DWELLINGSNot more than six dwelling units contained in a single residential building, each of which is separated by party walls 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 space to the front and rear (internal units) or front, rear and one side (end units).
(3) 
APARTMENTSA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof.
(4) 
MULTIPLEX UNITA building containing three or more dwelling units separated by party walls and with a separate exterior or common entrance for each unit, and which may have more than one dwelling unit from ground to roof.
EASEMENT
An interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.
EASEMENT, CONSERVATION
A legal agreement between a property owner and an appropriate conservation organization or governmental entity, through which the property owner establishes certain use restrictions over all or portions of the property for conservation purposes.
EDUCATIONAL USE
Land and/or buildings specifically designed, arranged, and intended for the purpose of education, including preschool, elementary, and secondary schools, either private or public, including schools relating to religious organizations and vocational schools.
EFFECTIVE SCREEN
Any arrangement of structural or vegetative materials capable of diverting or interrupting a clear view of an object or activity, but not necessarily 100% opaque during all seasons of the year.
ELECTRIC SUBSTATION
Buildings, or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being effectively screened to blend the installation with the surrounding landscape.
ELEEMOSYNARY
Charitable.
ENGINEER, TOWNSHIP
A registered professional engineer, licensed by the Commonwealth of Pennsylvania, duly designated by the Board to perform the duties of engineer as herein specified.
EROSION
The process by which soils, vegetation and man-made materials on the earth's surface are worn away by action of water, wind, frost, or a combination of such action by natural forces.
FACADE
Any exterior face or front of a building.
FAMILY
Two or more individuals living together as a single, non-profit housekeeping unit and doing their cooking on the premises, but not more than four unrelated individuals. This definition does not include the occupants of a club, fraternity or sorority house, boarding, lodging or rooming house, or group homes.
FARM BUILDING
Any building used for storing agricultural equipment or farm produce or products, housing livestock or poultry, or processing dairy products. The term "farm building" shall not include dwellings, but shall include a barn, silo, and incidental storage sheds.
FEEDLOT
Any area where cows are held or maintained for the purpose of feeding or fattening where 60% or more of the feed for such cows is imported or purchased, when not incidental to a farm.
FILL
Any earth, sand, gravel, rock, or any other material, except landscape plantings or other customary landscape materials, which is deposited, placed, pushed, dumped, pulled, transported, or moved to a new location, including conditions resulting therefrom.
FLOOD
A general and temporary inundation of land areas.
FLOODPLAIN
A relatively flat or low land area that is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and are subject to the unusual and rapid accumulation of the surface waters from any source. The limits of a floodplain area shall be as mapped by the U.S. Department of Housing and Urban Development as part of the National Flood Insurance Program.
FLOOR AREA
The total enclosed area in the horizontal planes of a principal structure, and all accessory structures.
FLOOR AREA RATIO
The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot.
FLOOR AREA, HABITABLE
The sum of the gross horizontal areas of all rooms used for habitation, exclusive of the hallways, stairways, basements not included in height calculations, cellars, attics, bathrooms, closets, unheated areas, rooms without one window or skylight, garages and accessory buildings.
FOOT-CANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminant meter, also known as foot-candle or light meter.
FORB
A broad-leaved flowering plant, as distinguished from the grasses, sedges, etc.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principals and where otherwise in conformance with the provisions of this chapter and/or the Subdivision and Land Development Ordinance [Chapter 22], as applicable, and including development, cultivation, harvesting, transporting and selling of trees for commercial purposes, but excluding any land development.
FRONT LOT LINE
Front lot line shall mean the line separating such lot from any street or public right-of-way, whether or not it is the recorded boundary of the lot.
GARAGE, PRIVATE
An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner(s) or tenant(s) of the premises, and for the storage of not more than three motor vehicles owned and used by persons other than the owner or tenant of the premises. No occupation, business or service for profit shall be carried on within a private garage except for a permitted home occupation.
GARAGE, PUBLIC
A building other than a private garage, one or more stories in height, used for the commercial storage, service or repair of motor vehicles.
GLARE
The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye.
GOLF COURSE, PUBLIC OR PRIVATE
A tract designed and improved for the playing of golf, with a minimum of 2,800 yards of play in nine holes. A golf course may include accessory uses such as club house, snack bar, golf equipment pro-shop, and practice areas, provided that these uses are clearly incidental and subordinate to the use of the property as a golf course and are not directed primarily toward the general public. Private golf courses may also include swimming pools, tennis courts, and other recreational facilities provided solely for use by club members and their guests. Uses excluded from this definition include driving ranges or pitch and putt as a principal use, or miniature golf courses.
GRADE, EXISTING
The elevation, relative to a given datum, of the ground surface prior to any excavation or fill.
GRADE, FINISHED
The elevation, relative to a given datum, of the ground surface after completion of any excavation or fill.
GRADE, PROPOSED
The elevation, relative to a given datum, of the ground surface proposed to be achieved by excavation or fill.
GROUP HOME
A dwelling operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the care of developmentally disabled persons. A "group home" shall be licensed where required by an appropriate governmental agency, and a copy of such license must be delivered to the Township prior to the beginning of such use. It is the express intent of this definition to comply with the requirements of the Fair Housing Amendments Act of 1988, P.L. 100-430.
HABITABLE FLOOR AREA
Any area of living or work space within a building or structure, excluding storage closets, stairwells, crawl spaces, walk-in coolers or freezers, or other similar spaces not intended for human occupancy for a long duration of time.
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fencelines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak).
HEIGHT
See "building height." For structures other than buildings, including telecommunications towers and/or antennae, the height shall be the vertical distance measured from the elevation of the average finished grade at all foundation corners of the structure, or at not less than 10 equidistant points in the case of a circular structure, to its highest point. Where a structure other than a building is attached to a building, the average finished grade at the foundation of such building shall be utilized as the elevation of the base of the structure.
HISTORIC RESOURCE
Any building, wall, bridge, structure, road, trail, quarry, archeological site or cultural artifact identified in the Chester County Historic Sites Survey and/or meeting the definition of either Class I or Class II Historic Resources in accordance with § 27-1403.2 of this chapter.
HOME OCCUPATION
A business use generally of a service nature which is clearly incidental to the residential use of a dwelling unit and which is customarily undertaken by the residents thereof, does not alter the character of the structure, and otherwise conforms to the provisions of § 27-1605 of this chapter. A home occupation shall be classified as either a minor home occupation or a major home occupation, as provided in § 27-1605.
HOMEOWNERS ASSOCIATION
A non-profit organization comprised of homeowners or property owners, planned and operated under approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned or controlled property, subject to the provisions of the Pennsylvania Uniform Planned Community Act of 1996, 68 Pa.C.S.A. § 5101 et seq.
HOSPITAL
An accredited medical facility within which the diagnosis, treatment and care, both inpatient and outpatient, of human ailments are performed, but excluding facilities for the mentally retarded and the emotionally disturbed.
HOTEL, MOTEL, INN
A building or buildings, arranged or intended for sheltering tourists or transient guests for compensation, not providing individual cooking facilities for guests, and providing sufficient off-street parking facilities adjacent or convenient thereto.
HYDRIC SOILS
A. 
For purposes of determining compliance with the provisions of this chapter, those soil types identified as hydric soils or soils with hydric inclusions by the U.S. Soil Conservation Service, as mapped for the Soil Survey of Chester and Delaware Counties, shall be considered hydric soils in the Township of East Vincent including, but not limited to:
Bo
Bowmansville Silt Loam
Ch
Chewacla Silt Loam
Cn
Congaree Silt Loam
CrA
Croton Silt Loam (0% to 3% slopes)
CrB
Croton Silt Loam (3% to 8% slopes)
GnB
Glenville Silt Loam (3% to 8% slopes)
RdA
Readington Silt Loam (0% to 3% slopes)
RdB
Readington Silt Loam (3% to 8% slopes)
RdB2
Readington Silt Loam (3% to 8% slopes, moderately eroded)
Ro
Rowland Silt Loam
Rp
Rowland Silt Loam, dark surface
WoA
Worsham Silt Loam (0 to 3% slopes)
WoB
Worsham Silt Loam (3 to 8% slopes)
WoB2
Worsham Silt Loam (3 to 8% slopes, moderately eroded)
WoC2
Worsham Silt Loam (8 to 15% slopes, moderately eroded)
WsB
Worsham Very Stony Silt Loam (0% to 8% slopes)
W
Water
B. 
Where site conditions indicate differing location of hydric soils or hydric inclusions, the burden shall be on the applicant to verify such location(s) to the satisfaction of the Township Board. Where tile drainage has been introduced to drain soils defined herein as hydric soils, such areas shall be considered hydric for the purpose of this chapter.
C. 
Appendix C of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] lists all hydric soils in Chester and Delaware Counties, including those listed above.
ILLUMINANCE
The quantity of light measured in foot-candles or lux.
IMPERVIOUS COVER
Any surface which does not absorb precipitation or runoff. All buildings, including roof overhangs, parking areas, driveways, roads, sidewalks, decks, and other such areas in concrete or asphalt shall be considered components of impervious cover. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall also be considered as contributing to total impervious cover. For purposes of determining compliance with maximum impervious cover limitations on any lot or tract, impervious cover shall be measured as a percentage of net tract area, defined herein. In no way shall the calculation of impervious cover for any lot exceed the maximum impervious coverage percentages under the area and bulk regulations of each zoning district established within this chapter. In no event shall the calculation of impervious cover for any lot exceed the maximum impervious cover percentages set forth under the area and bulk regulations of each zoning district.
INDUSTRY, LIGHT
A productive enterprise not resulting in the emission of steam, gas, noise, obnoxious odor, dust or waste particles, which does not provide for outdoor storage and which includes but is not limited to warehouses and offices.
JUNKYARD
An area of land with or without buildings used for storage of used and/or discarded materials, outside a completely enclosed building including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, parts thereof, or vehicles, thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, uninspected, wrecked, or disabled vehicles, or the major part thereof, is a "junkyard."
KENNEL
An establishment for the breeding or boarding of six or more dogs that are more than six months old.
LABORATORY
A building or group of buildings within which the principal uses are facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale on the premises.
LAND DEVELOPMENT
According to usage:
A. 
The improvement of one or more contiguous lots, or tracts or parcels of land for any purpose permitted in this chapter involving a group of two or more buildings, whether proposed individually or cumulatively, or one nonresidential building on a lot or lots regardless of the number of occupants or tenure; or the division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, building groups or other features.
B. 
A division of land into lots for the purpose of conveying or leasing such lots singly or in groups to any person, partnership or corporation for the purpose of erection of buildings by such person, partnership or corporation.
C. 
The conversion of an existing single-family detached dwelling into not more than three residential units, unless such units are intended to be a condominium, and the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building, shall not be considered a land development, pursuant to the Commonwealth's Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
LAND DISTURBANCE
Any activity that exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive alien vegetation (see definition of "woodland disturbance.") Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of land disturbance.
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(s)), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LANDSCAPING
The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, other than for agricultural purposes, and including the maintenance and replacement thereof, for control of erosion, retention of precipitation, protection against elements or promotion of human comfort and welfare.
LEVEL OF SERVICE
A description of traffic conditions along a given roadway or at a particular intersection according to the Highway Capacity Manual, Transportation Research Board, 1994, and as amended thereafter.
LIGHT TRESPASS
Light emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is sited.
LOT
A tract, plot or parcel of land occupied or capable of being occupied by a building or permitted structure and its accessory buildings, in compliance with the terms of this chapter, together with such open spaces as are arranged and designed to be used in connection with such buildings, held in single or joint ownership. The term "lot" shall also mean parcel, plot, site, or any similar term but shall not be confused with "outlet," which see. For purposes of determining compliance with maximum impervious cover limitations, a "lot" shall be considered a "tract" and the definition of "net tract area" shall apply.
LOT AREA, NET
The total land surface contained within the limits of the property lines bounding the lot, exclusive of any streets; rights-of-way; easements for purposes of access, stormwater management, sewer or water service or other infrastructure; any area within the Flood Hazard District as established in § 27-1501; and any area comprising wetlands under the jurisdiction of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection. For purposes of determining compliance with maximum impervious cover limitations, the definition of "net tract area" shall apply.
LOT LINE
A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the centerline of the street or any other line within the street lines even though such may be the property boundary.
LOT LINE, FRONT
See "front lot line."
LOT SIZE
The total land surface of the lot lying within the limits of the property lines bounding the lot, exclusive of streets. The area of any lot abutting a street shall be measured to the street line only. In the case of interior lots, where permitted subject to modification of applicable subdivision regulations, the minimum lot size and any other applicable dimensional requirements shall be calculated and measured on that portion of the lot exclusive of the easement or access strip which gives the lot access to a street. See also "lot area, net."
LOT WIDTH
The distance between side lot lines at the building setback line, measured parallel to the street line. Where the street line is curved or angled, the lot may be measured as an arc distance instead of a straight line.
LOT, CORNER
A lot at the junction of, and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°.
LOT, INTERIOR
Any lot which only has access to a street by either an easement or right-of-way and may be characterized as "landlocked"; or any lot which has limited frontage to a street by virtue of being "flag-shaped." Interior lots are prohibited by § 22-403.4 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22].
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
LOWEST FLOOR
For purposes of administering the Floodplain District provisions, the lowest floor of the lowest enclosed area (including 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 the applicable non-elevation design requirements of this chapter.
LUMINANCE
The physical and measurable quantity corresponding to the brightness of a surface (e.g., a lamp, luminaries, reflecting material) in a specific area, and measurable with a luminance meter.
LUX
A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per foot-candle.
MAJOR ANCHOR STORE
A retail store commonly accepted as a "grocery store" or "supermarket" with total floor area exceeding 60,000 square feet, but with a maximum area of 135,000 square feet of floor area and with at least 51% of its floor area devoted to sales of food items.
MANUFACTURED HOME
See "mobile home."
MAP, OFFICIAL
A legally adopted map of all or a portion of the Township which may show appropriate elements or portions of elements of the comprehensive plan with regard to public lands and facilities, and which may include, but need not be limited to:
A. 
Existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closings of the same.
B. 
Existing and proposed public parks, playgrounds and open space reservations.
C. 
Pedestrian ways, trails, and easements.
D. 
Railroad and transit rights-of-way and easements.
E. 
Flood control basins, floodways and floodplains, stormwater management areas and drainage easements.
F. 
Support facilities, easements and other properties held by the Township or other public agencies.
MASTER DEVELOPMENT PLAN
A plan or plans accompanied by written materials to describe, in graphic and narrative form, the information required in a master development plan conditional use application under Part 27 of this chapter. Such plan shall be a conceptual plan which visually and/or verbally defines and describes a comprehensively planned integrated mixed use development which qualifies under the commercial-oriented mixed use development requirements of this chapter.
MEADOW
A plant community or area of vegetation dominated by grasses and/or forbs, often managed through annual or seasonal mowing.
MEDICAL CLINIC
A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that the patients are not kept overnight except under emergency conditions. This includes doctors and dental offices and clinics.
MINIMIZE
To reduce to the smallest amount or extent possible. "Minimize" shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect(s) of the action required to be minimized. "Minimize" shall include, but not be limited to, the requirement that the placement of dwellings and other structures and the locations of roads, stormwater management facilities, and other land disturbance shall be planned and designed to reduce the adverse effect(s) of the activity in question to the smallest amount possible under the circumstances consistent with otherwise permitted development.
MITIGATION
A. 
An action undertaken to accomplish one or more of the following:
(1) 
Avoid and minimize impacts by limiting the degree or magnitude of the action and its implementation.
(2) 
Rectify the impact by repairing, rehabilitating or restoring the impacted environment.
(3) 
Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
B. 
If the impact cannot be minimized in accordance with clauses (a) - (c) above, compensation for the impact by replacing the environment impacted by the project or by providing substitute resources or environments.
MOBILE HOME/MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent occupancy contained in one unit, in two units, or in three 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 packing and assembly operations; and constructed so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facilities as for a conventional dwelling. A mobile home shall include any addition or accessory structure, such as porches, sheds, decks or additional rooms. The term includes park trailers, travel trailers, recreational and similar vehicles which are placed on a site for more than 180 consecutive days.
MOBILE HOME/MANUFACTURED HOME LOT
A parcel of land in a mobile home park or subdivision, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home either leased or held in private ownership.
MOBILE HOME/MANUFACTURED HOME PAD
A concrete pad at least six inches in thickness with at least six tie-down rings to which the mobile home shall be secured, and equal in length and width to the dimensions of the mobile home to be placed thereon.
MOBILE HOME/MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned and improved for placement of mobile homes for non-transient use, consisting of two or more mobile home lots.
MOTEL
A building or a group of two or more detached or semi-detached buildings on a lot held in single and separate ownership, containing rental units having separate entrances, provided directly, or closely, in connection with the automobile parking or storage space serving such units, which rental units are designed, intended or used principally for the providing of sleeping accommodations with private baths for automobile travelers, and which are suitable for occupancy throughout the year.
MUNICIPAL USE
The use of land by East Vincent Township for Township administrative building, equipment storage facility, public park or public recreation area, or any similar use owned or operated by East Vincent Township; and public sewage treatment plant, pumping stations and similar sewage treatment and collection facilities owned or operated by East Vincent Township or the East Vincent Municipal Authority.
MUSEUM
An institution devoted to the procurement, care, study, display and exhibition of objects of lasting interest or value.
NEW CONSTRUCTION
For purposes of administering the Floodplain District provisions, structures for which the "start of construction" as herein defined commenced on or after May, 1971, and includes any subsequent improvements to such structures.
NON-CONFORMING LOT
A lot which does not conform to the area or bulk regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate such regulations prior to the enactment of such ordinance or amendment.
NON-CONFORMING STRUCTURE
A structure or building, or part thereof which does not conform to, the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this chapter, or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such ordinance or amendment.
NON-CONFORMING USE
Use of land or use of building or structure, which use does not conform to the applicable regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendment of this chapter or as a result of subsequent amendments thereto, but which did not violate such regulations prior to the enactment of such ordinance or amendment.
NURSING HOME
A facility operated for the purposes of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation. The terms "convalescent home" and "assisted living housing" are included within this definition.
OLD FIELD
An area undergoing natural succession characterized by the presence of grasses, forbs, shrubs, and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.
ON-SITE SEWER SERVICE, INDIVIDUAL
The disposal of sewage by use of a system entirely contained within the confines of a lot to which the use it serves and is located as approved by the Chester County Health Department, as delegated by the Pennsylvania Department of Environmental Protection.
ON-SITE WATER SERVICE, INDIVIDUAL
The supply of water to a single user from a private well within the confines of the lot on which the use if located.
OPEN SPACE MANAGEMENT PLAN
A plan which provides for the long-term management over time of private, public, or common open space, in accordance with Part 9.
OPEN SPACE, COMMON
See "common open space."
OPEN SPACE, RESTRICTED
See "restricted open space."
OPERATOR
The owner of a mobile home park, or his authorized agent, who is duly licensed for maintaining a mobile home park in the Township.
OUTLOT
A tract, plot or parcel of land precluded from occupancy, or incapable of being occupied by a building or permitted structure and its accessory buildings, as a result of subdivision or severance from a larger tract, plot or parcel conducted in accordance with this chapter or the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].
PARKING LOT
An off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
PARKING SPACE
An outdoor space located off the public right-of-way designated for the parking of motor vehicles, the usable area of which is not less than 171 square feet (nine by 19) to which there is access from a street, alley, or driveway.
PASTURE
A plant community or area of vegetation dominated by grasses which is actively or periodically grazed by livestock or which is managed through mowing to maintain the appearance and vegetative characteristics of pasture.
PENNDOT
For the purpose of this chapter, the Commonwealth of Pennsylvania Department of Transportation.
PERIMETER BUFFERS
An area to be used as a visual and/or auditory barrier, consisting of a mound, berm, or strip of land planted and maintained as an effective barrier separating parcels or uses of land.
PERSON
Any individual, partnership, firm, association, corporation, or organization.
PLANNED COMMERCIAL DEVELOPMENT
A contiguous area of land controlled by a single landowner and developed as a single entity for a number of commercial and other similar uses, the development plan for which may or may not correspond in lot size, bulk or other design standards in any one commercial district created from time to time, under the provisions of this chapter.
PLANNED INDUSTRIAL DEVELOPMENT
A contiguous area of land controlled by a single landowner and developed as a single entity through a unified development plan for a number of professional office, research and development, manufacturing and other similar industrial uses.
PLANNED USE AREA
A subarea of a master plan prepared for a commercial-oriented mixed use development as defined in Part 27 of this chapter and which includes areas for both residential and nonresidential development uses as permitted under the commercial-oriented mixed use development option.
PLANNING COMMISSION
For the purpose of this chapter, the Planning Commission of East Vincent Township.
PLAYFIELDS
Graded areas with a minimum area of 20,000 square feet suitable for active recreational activities.
PNDI
Pennsylvania Natural Diversity Inventory.
PRINCIPAL USE
The primary use, on a lot, serving as the basis for clarification as to use category.
PUBLIC GROUNDS or PUBLIC FACILITIES
Areas of land or water and any facilities thereon used for public purposes, including parks, playgrounds, trails, paths, other recreational areas or facilities, and other public areas, and the sites for schools, sewage treatment, refuse disposal, publicly owned or operated scenic and historic sites, and other publicly owned or operated facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Supervisors, the Planning Commission or the Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986, P.L. 1988, known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such public notice shall, at a minimum, 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 be not less than seven days from the date of the hearing.
PUBLIC SCHOOL
Educational facilities and their accessory uses funded and operated by the Owen J. Roberts School District or Chester County Intermediate Unit used for the provision of Kindergarten through 12th Grade education to the general public, and not including charter schools.
PUBLIC SEWAGE SYSTEM
An off-site system for the treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly-operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
QUICK SERVICE FOOD STORE
A convenience store for the sale of food, beverages, paper products and other retail items with fuel-dispensing facilities, including, but not limited to, self-service gasoline facilities (such as facilities which are designed, intended or do require, permit or allow customers to dispense any type of fuel for motor vehicles rather than having such fuel dispensed by employees or the operator of the facilities or the operator of the convenience store). "Gasoline" includes any type of fuel for motor vehicles. See "service station" for a comparison.
RECREATION, ACTIVE
Those recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include playgrounds, ball courts and swimming pools.
RECREATION, INDOOR
Recreational pursuits which are carried out indoors.
RECREATION, PASSIVE
Recreational pursuits which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include hiking and picnics.
RECREATIONAL VEHICLE
A vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGISTERED LANDSCAPE ARCHITECT
A professional that is registered as a landscape architect with the Harrisburg Chapter of the American Society of Landscape Architects (ASLA).
RENTAL UNIT
An individual space offered for rent or lease within but not limited to a residence, motel, rooming house, tourist home, dormitory, or professional or commercial office building.
RESTRICTED OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water which, regardless of ownership, is restricted from further subdivision or development other than open space purposes permitted in accordance with this chapter. Restricted open space shall exclude public or private rights-of-way and shall be substantially free of structures and impervious surfaces but may contain such improvements as are in a development plan as finally approved, or an open space management plan, and as are necessary or appropriate for permitted open space use. Restricted open space may include stormwater management facilities where approved by the Board of Supervisors subject to applicable provisions of this chapter and the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].
RETAIL or RETAILING
A commercial activity comprising the sale of commodities in small quantities directly to the consumers.
RIGHT-OF-WAY
The total width of any land acquired by any means and reserved, dedicated, or intended for use as a street, alley, crosswalk, utility or for any other public or private purpose, as reflected on a recorded easement, deed, subdivision plat, boundary plat, or dedication plat. Where additional right(s)-of-way may be required for future occupation by a road or street, including for purposes of ultimate widening, or for a crosswalk, trail, railroad, electric transmission lines, oil or gas pipelines, water lines, sewer mains, storm sewers, or other similar uses, the Township may require that the ultimate right(s)-of-way for such purpose(s) be indicated in any appropriate documentation. Any provisions herein requiring measurement from the right-of-way, including but not limited to yard area setback regulations, shall be measured from the ultimate right-of-way wherever applicable.
RIPARIAN BUFFER AREAS
A riparian buffer area is an area of trees and other vegetation adjacent to a wetland, stream, or water body that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. For the purposes of this chapter, the riparian buffer shall be divided into two zones:
A. 
ZONE ONE: INNER RIPARIAN BUFFERThis zone shall begin at each edge of any wetland, stream, lake, or pond and shall occupy a margin of land on each side, each with a minimum width of 25 feet. The width of such margin shall be measured horizontally on a line perpendicular to the applicable edge of the wetland, normal waters edge of a lake or pond, or, in the case of a stream, to the nearest edge of the water at bank-full flow. Where very steep slopes (+25%) are located within and extend beyond such margin, Zone One shall extend to include the entirety of the very steep slopes up to a maximum dimension of 100 feet on either side of the subject wetland, water body or stream.
B. 
ZONE TWO: OUTER RIPARIAN BUFFERZone Two begins at the outer edge and on each side of any area delineated within Zone One and occupies any additional area, if any, within 50 feet of the nearest edge of any wetland or 100 feet of any stream, lake or pond, measured as for Zone One. Zone Two shall further extend to include any area of hydric soil as defined herein and not included in Zone One, regardless of dimension, location, or relationship to Zone One.
SANATORIUM/SANITARIUM
An institution for the recuperation and treatment of persons suffering from physical or mental disorders.
SCREENING
The use of plant materials, fencing and/or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different land uses which abut one another.
SERVICE STATION
Structures, buildings, or area of land or any portion thereof that is used for the selling or dispensing of gasoline, and/or diesel fuel or other motor vehicle fuel which may or may not include facilities for lubricating, washing, sale of accessories and otherwise servicing and minor repair of motor vehicles, but not principally the painting and/or body work thereof or the sale of new or used automobiles. See "quick service food store" for a comparison. Any business or industry dispensing gasoline for its own use and vehicles will be deemed to be a service station.
SETBACK LINE
The line that establishes the required minimum distance from the street right-of-way line or any other lot line within which the principal structure must be erected or placed.
SEWAGE FACILITIES OR SYSTEMS
A. 
INDIVIDUAL ON-SITEAn individual sewage disposal system as defined and regulated by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
B. 
CENTRAL/COMMUNITY COLLECTION AND TREATMENTA sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.
C. 
PUBLIC SEWAGE SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SIGHT DISTANCE
The length of street visible to the driver of a vehicle, essentially unobstructed.
SIGN
Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of, or which is used as, an announcement, direction or advertisement for commercial purposes or otherwise. A sign includes a billboard, neon tube, string of lights or similar device outlining or placed upon any part of a building or lot but does not include the flag or insignia of any nation, group of nations, governmental agency, or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
A. 
BUSINESS SIGNA sign which announces or directs attention to a business, produce, service or activity sold or conducted on the premises where such sign is located.
B. 
DIRECTIONAL SIGNA sign which directs the reader to a business, product, service or activity, sold or conducted at a location a short distance away from where the sign is located.
C. 
IDENTIFICATION SIGNA sign which identifies only the occupant of the premises, the profession or occupation of the occupancy, and/or the name of the building upon which the sign is placed.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SITE
A lot, tract, or parcel of land on which grading, construction, or land development is taking place, or is proposed to take place; the location of the work.
SLOPE
The ratio of the change in elevation (rise) over the horizontal distance (run) as measured between consecutive contour lines, expressed as a percentage.
A. 
STEEP SLOPE AREASAny area where the slope exceeds 15%.
B. 
VERY STEEP SLOPE AREASAny area where the slope exceeds 25%.
SPECIAL EXCEPTION
A use which, when deemed suitable, with or without the imposition of conditions or restrictions under applicable standards, may be allowed by the Zoning Hearing Board after public hearing.
SPECIFIED SEXUAL ACTIVITIES
A. 
Acts of masturbation, homosexuality, sexual intercourse or similar physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or breasts.
B. 
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SPECIMEN VEGETATION
Individual trees or other vegetation determined to be of specimen quality as determined by a registered landscape architect or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree and is not considered an all-inclusive list.
Examples of Potential Specimen Trees
Species
dbh
Species
dbh
Species
dbh
Apple
24"
Hickory
32"
Sassafras
20"
Ash
32"
Locust
30"
Spruce
30"
Beech
32"
Maple
32"
Sycamore
36"
Cherry
24"
Oak
32"
Tulip Poplar
36"
Elm
30"
Osage Orange
20"
Walnut
30"
Hemlock
30"
Pine
30"
STORAGE
The deposit of goods, materials, or products intended for future disposition.
STORMWATER
Any precipitation, but usually rainfall, which is sufficient to flow on any natural or impervious surface; frequently termed "runoff."
STORY
That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.
STREAM
Any watercourse.
STREET
A strip of land, including the entire right-of-way, devoted or intended for public (dedicated) or private (undedicated) use primarily as a means of vehicular circulation to provide access to more than one lot. Streets also may accommodate pedestrian circulation. The term "street" shall be construed as synonymous with thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, way, service street, and road or similar terms. Streets are further classified within the East Vincent Township Comprehensive Plan.
STREET LINE
The dividing line between a lot and the outside boundary or ultimate right-of-way line of a public street, road, or highway legally open or officially platted; or between a lot and a privately owned street, road, or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STRUCTURAL ALTERATION
Any change in or addition to the supporting structural members of a building, or other structure, such as the bearing walls, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure, or adapt it to a different use, or which, in case of a non-conforming building or other structure, would prolong the life of such building or other structure.
STRUCTURE
An assembly of material having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including among other things, buildings, signs, fences, or walls, aerials, and antennae, porches, platforms, piers, pipelines, paddle tennis courts, shelters, swimming pools, tents, towers, tanks, tennis courts, and telephone poles.
SWIMMING POOL
A pool or tank capable of containing water to a depth greater than 24 inches for the purpose of swimming and/or other water-related recreational activities. Farm ponds and stormwater basins are not swimming pools unless specifically designed for that purpose.
TALL STRUCTURE
Any building or structure not less than 40 feet in height as defined herein, where a lawful non-conforming structure or where permitted in accordance with § 27-1705 or through approval of a variance request by the Zoning Hearing Board.
TELECOMMUNICATIONS FACILITIES
Facilities providing for the transmission or reception of radio, television, telephone or digital communications or any other wireless telecommunication services, whether free-standing or attached to another structure or building, including any support structures, reception and/or transmission antenna(c) and accessory facilities and/or equipment.
THEME LIGHTING
Exterior fixtures and posts which are manufactured to a high level of design and craftsmanship from material such as (but not limited to) wrought iron, cast aluminum, brass or copper, and installed to be consistently used throughout designated areas of East Vincent Township including, for example, locations where promotion of a particular village character or historical theme is desired.
TOURIST HOME
A dwelling in which over-night sleeping accommodations are provided for rent to less than 10 travelers, whether or not the serving of meals is included.
TOWER
A structure that is intended to support wireless communication antenna(e).
TOWNSHIP
The Township of East Vincent, Chester County, Pennsylvania.
TRACT
One or more lots assembled for the purpose of unified development, including a planned residential, commercial, or industrial development.
TRACT AREA, GROSS
For purposes of establishing the minimum open space required or, where applicable, the maximum number of dwelling units permitted, the gross tract area shall include all areas within the titled lines of a tract.
TRACT AREA, NET
For purposes of establishing the maximum permissible number of lots or dwelling units on any tract, or for determining compliance with maximum impervious cover limitations, the net tract area shall include all areas within the titled lines of a tract, excluding the following:
A. 
Any existing area that has been set aside as a permanent right-of-way or easement for a public or private street or for aboveground or underground utilities other than for local service.
B. 
Any existing area comprising permanent drainage or stormwater management easements.
C. 
Any existing area comprising sewage disposal facilities serving any property not part of the subject tract.
D. 
An area equivalent to 75% of any area comprised of one or more of the following areas and excluding any area already excluded by Paragraphs A, B and C above:
(1) 
Any area within the Flood Hazard District as established in § 27-1501 of this chapter.
TRAIL
A corridor through which passes, or will pass, a pedestrian or equestrian accessway or a bikeway as part of the East Vincent Township Comprehensive Trail System or as otherwise authorized or designated by the Township. A trail is to serve transportation, commuting, and/or recreational functions as part of an inter-modal transportation system. Trails shall exclude all motorized vehicles except motorized wheel chairs or as authorized by the Township for maintenance, management and emergency purposes.
TRANSFERABLE DEVELOPMENT RIGHTS (TDRs)
The attaching of development rights to specified lands which are desired by the Township to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands within the Township where more intensive development is deemed by the Township to be appropriate.
TRAVEL TRAILER
Any vehicle used for temporary living or sleeping purposes for transient use.
TRUCK TERMINAL
An area and/or building for the maintenance and storage of trucks and where cargo is stored and where trucks load and unload cargo on a regular basis.
USE
Any purpose for which a building or other structure or a tract or lot of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.
VARIANCE
A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of physical conditions or unnecessary hardship, not self-imposed, pursuant to the provisions of this chapter and Act 247, 53 P.S. § 10101 et seq.
A. 
Any area comprising wetlands under the jurisdiction of the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection; the Township reserves the right to retain a wetlands scientist or other qualified consultant to ascertain the extent of jurisdictional wetlands, reasonable and necessary charges therefor to be borne by the applicant.
B. 
Any area of steep slope, as defined herein and where the ratio of the change in elevation over the horizontal distance as measured between consecutive two-foot contour intervals exceeds 15/100.
VEGETATION, PERMANENT
Perennial grasses, legumes, or other long-lived plant materials, such as crown vetch, fescues, and bluegrasses, etc. depending upon the degree of refinement desired.
VEGETATION, TEMPORARY
Fast growing grasses, usually annuals, such as rye, oats, sudan, or other appropriate cover to prevent erosion until permanent vegetation can be installed.
VEHICULAR AUCTION
An area of land with or without buildings used for temporary storage, display and wholesale sales of new or used autos, trucks, boats, motorcycles, and recreational vehicles that are in an operable condition. A vehicular auction is a commercial establishment, subject to the use, development, and design standards of the zoning district in which permitted, and other applicable ordinance provisions. Vehicles stored on-site shall remain intact and operable, and shall not be dismantled, processed, salvaged, crushed, demolished, or sold in parts. See "junkyard" for comparison.
WATER SUPPLY SYSTEMS
A. 
INDIVIDUAL SYSTEMA safe and healthful supply of water, to a single user from a private well located on the lot in which the use is located.
B. 
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site and may be publicly or privately owned.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or man-made, and having defined bed and banks.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
WETLAND DELINEATION
The on-site method or process for identifying jurisdictional wetlands which is currently or hereafter be adopted by the Pennsylvania Department of Environmental Protection [Note: the Commonwealth currently requires the methodology outlined the Corps of Engineers Wetlands Manual (Technical Report Y-87-1) January 1987, and as amended].
WETLAND DELINEATION REPORT
A document that describes the investigation procedures and findings of a wetland delineation.
WETLANDS
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers.
WHOLESALING
A commercial activity comprising the sale of commodities in large quantities or in bulk, as to retailers or jobbers, rather than to consumers directly, including warehousing, loading and unloading, and shipping of such commodities.
WILD CROPS
Indigenous vegetation such as berries, mushrooms and other vegetation used as forage by wild animals in the area.
WIRELESS COMMUNICATIONS FACILITY
Consists of the antenna and any related equipment and structures involved in receiving wireless communications signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
WOODLAND
A tree mass or plant community in which tree species are dominant or codominant, the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (i.e., larger than six inches dbh) covering an area of XA of an acre or more, or consisting of more than 10 individual trees larger than six inches dbh, shall be considered a woodland. For the purpose of this chapter, the extent of any woodland plant community or any part thereof shall be measured from the outer-most drip line of all the trees in the community. "Woodland" shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of woodland prior to timbering or disturbance. Woodlands do not include orchards or old fields (former agricultural fields or pastures where natural succession has been allowed to occur, but where most trees are smaller than six inches dbh).
WOODLAND DISTURBANCE
A. 
Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species.
B. 
Any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow.
C. 
Woodland disturbance does not include the selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including but not limited to: Rosa multiflora (Multiflora Rose), Eleagnus umbellata (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple) and Polyeonum perfoliatum (Mile-a-Minute Weed).
YARD or SETBACK
An open area around the inner periphery of each lot extending along the lot lines and street lines in which no buildings or structures shall be erected. The size of the yard shall be measured as the shortest distance between the structure and a lot line or street line.
A. 
YARD FRONTA yard between a structure and a street line, extending the entire length of the street line. The minimum front yard setback shall be measured from the street line to the building setback line and shall be the same for all principal and accessory structures. In the case of a corner lot, the yards extending along all streets shall be considered front yards and the remaining yards shall include a rear yard, opposite the street to which the principal structure is generally faced, and a side yard, opposite the other street.
B. 
YARD, REARA yard between a structure and a rear lot line. The rear yard may be less for an accessory stricture per provisions of this chapter.
C. 
YARD, SIDEA yard between a structure and a side lot line, which extends from the front yard to the rear yard. The side yard may be less for an accessory structure per provisions of this chapter.
ZONING HEARING BOARD
The Zoning Hearing Board of East Vincent Township.
ZONING ORDINANCE
The East Vincent Township Zoning Ordinance, as amended [this chapter].