As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe relinquishment of a use without intention to resume the said use as established under Article
XV.
ACCESSORY USE OR STRUCTUREA use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ACCESS ROADA roadway, normally designed and intended for use by motor vehicles, which provides access to or into the forest land.
[Added 5-26-2009]
ACT 247The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.
ADAPTIVE REUSEThe development of a new use for a building originally designed or used for another purpose.
ADMINISTRATIVE OFFICEAn establishment primarily engaged in management and general administrative functions such as executive, personnel, finance, and sales activities.
ADULT COMMERCIAL USEAdult commercial uses shall include the following:
A. A store or shop where the principal use is devoted to the display and selling of pornographic materials which are pictures, drawings, photographs, films, or other depictions or printed matter and paraphernalia which, if sold knowingly to an individual under the age of 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the time thereof.
B. Adult entertainment establishments such as cabarets, nightclubs, movie theaters, bars or similar establishments providing live or media entertainment.
C. Any other business, establishment, or club which offers its patrons services, entertainment, or retail goods or commercial services characterized by an emphasis on activities or matter depicting, describing, relating to, or displaying sexual or erotic activities.
AGRICULTURAL RELATED BUSINESSAn establishment primarily engaged in the following activities: soil preparation services, crop services, landscaping, horticultural services, veterinary or other animal services, farm labor and management services, feed, seed and fertilizer stores, sale and repair of farm machinery and farm vehicles, stables, aquaculture, or apiaries.
AGRICULTUREThe cultivating of soil, the raising of livestock or poultry, and the harvesting of products of the soil, including but not limited to nurseries, horticulture, and forestry.
AGRICULTURE, INTENSIVEAgricultural uses involving the processing or production of agricultural products which are likely to emit frequent, reoccurring odors or noises considered obnoxious to a residential environment, including but not limited to mushroom production, feedlots, mink farm, commercial piggeries, and poultry houses.
AGRICULTURE, NONINTENSIVEThe cultivation of soil and the raising and harvesting of products of the soil, including nurseries, horticulture, commercial greenhouses, forestry, and the raising of animals and poultry not to exceed a combined total of 1,000 pounds per acre, but excluding intensive agriculture.
AIRPORT, COMMERCIALAn area for landing and takeoff for aircraft where commercial flight operations are permitted. Such use shall not be permitted within the Township.
AIRPORT, PERSONAL USEAn area for landing and takeoff for aircraft (including ultralights and balloons, but not including helicopters) which is restricted solely to private use, is not maintained for financial return, and at which commercial flight operations are not conducted. Such use shall only be permitted as specified in this chapter.
ALLEYA minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
ALLUVIAL (FLOODPLAIN) SOILSAreas subject to periodic flooding and listed in the Soil Survey of Chester and Delaware Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, May 1963. Alluvial soils include, but are not limited to:
Bowmansville silt loam (Bo) |
Chewacla silt loam (Ch) |
Congaree silt loam (Cr) |
Rowland silt loam (Ro, Rp) |
Wehadkee silt loam (We) |
ALTERATIONAny change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, as well as any change in exterior doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another.
AMUSEMENT PARKA recreational use involving permanent structures or buildings where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows or entertainment.
ANIMAL HOSPITAL/VETERINARY OFFICEA place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ANIMAL SHELTERThe keeping of more than 10 dogs or more than 20 cats, or a combination of dogs and cats equaling more than 15 animals, which are lost, strays, unwanted, unlicensed or unowned, whether or not the shelter is for the purpose of eventual adoption of the animals or whether the shelter is run as a for-profit or nonprofit operation.
ANTENNA, COMMERCIAL COMMUNICATIONSA structure that includes a transmitting, receiving, or relay tower and support structures and accessory buildings that is licensed by the Federal Communications Commission for the specified purpose of television, radio or telephone communications or other wireless communications beyond that which would be used for normal personal or residential use. Such uses shall include a cellular, television, radio or microwave tower.
[Amended 5-23-2005]
ANTENNA HEIGHTThe vertical distance measured from grade to the highest point of the support structure or antenna, whichever is higher. If the support structure is on a sloped grade, then the lowest grade shall be used in calculating the height.
ANTENNA, MICROWAVE DISHA parabolic earth based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish antenna," used or intended to receive microwaves, radio waves, or electromagnetic waves from an overhead satellite.
ANTENNA, RADIO OR TELEVISIONA device, either freestanding or attached to a building, used for receiving frequency signals, including television and radio antennae and which is not used for commercial purposes. Such devices shall also include ham and citizen band radio antennae used by amateur radio operators.
ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
APPLICANTA landowner or developer, as herein defined, who has filed an application for development, including his heirs, successors and assigns or the equitable owner of property with the owner's permission.
APPLICATION FOR DEVELOPMENTEvery 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 building permit, for the approval of a subdivision plat or plan, or for the approval of a development plan.
AQUACULTUREThe controlled cultivation of aquatic plant and animal species.
AUTOMOBILE SALESThe use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.
AUTOMOBILE SERVICE/GAS STATIONAny area of land, including structures thereon, or any building or part thereof, that is used for the sale of motor vehicle fuel and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs, or the storage for sale of new or used motor vehicles.
AUTOMOTIVE REPAIR FACILITIESEstablishments engaged in furnishing automotive repair services to the general public and which may include painting or body and fender repairs.
BANKING OR FINANCIAL INSTITUTIONAny building wherein the primary occupation or use is concerned with such businesses as banking, savings and loan associations, credit unions, loan companies, mortgage companies, or investment companies.
BASEMENTAny area of the building having its floor below ground level on all sides.
BED-AND-BREAKFASTA building occupied by a resident innkeeper containing eight or fewer guest rooms for the temporary lodging of guests for compensation and providing to the guests such lodging services as maid service and accessory eating and drinking facilities limited to the serving of breakfast.
BEST MANAGEMENT PRACTICES (BMPs)Activities, facilities, designs, measures, or procedures used to manage stormwater impacts, to provide water quality treatment, infiltration, volume reduction, and/or peak rate control, to promote groundwater recharge, and to otherwise meet the purposes of Chapter
194, Grading, Erosion and Sediment Control; Stormwater Management. Stormwater BMPs are commonly grouped into one of two broad categories or measures: structural or nonstructural. Nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices from large-scale retention ponds and constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the site. The primary reference for implementation of BMPs in the Township shall be the Pennsylvania Stormwater Best Management Practices Manual of December 30, 2006, or as amended.
[Amended 1-27-2014]
BIKE PODA bicycle storage apparatus, similar to a bike rack, that includes enclosures for individual bicycles.
[Added 6-23-2014]
BILLBOARDA sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered upon the premises where such sign is located.
BLOCKA unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BOARD OF SUPERVISORSThe Board of Supervisors of the Township of North Coventry, Chester County, Pennsylvania.
BUFFERAn area which provides a year-round visual and/or sound attenuation between uses, through the application of such means as plantings, earthen berms, depressions, fences, and walls.
BUFFER ZONEAn area of variable width and length, in which forest practices are restricted and that is intended to provide a natural visual screen, prevent damage to adjoining properties or to protect environmental features.
[Added 5-26-2009]
BUILDINGAny structure having enclosed walls and roof, permanently located on the land.
BUILDING, ACCESSORYA building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
BUILDING COVERAGEThe ratio 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 HEIGHTThe vertical measurement of a building from the mean level of finished grade surrounding the building, to the point midway between the highest and lowest points of the roof, excluding the chimney and/or mechanical equipment above the roof, such as stair or elevator penthouse and water towers.
BUILDING, PRINCIPALA building in which is conducted, designed to be conducted or intended to be conducted, the primary use of the lot on which it is located.
BUILDING SETBACK LINEThe line established within a lot, measured from the street right-of-way and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of an existing 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 interior line nearest the street, defining the minimum distance in which no building may be constructed.
BUILD-TO LINEA line parallel to the front property line and measured from the street right-of-way, which defines the placement of the building facade on the lot.
[Added 6-23-2014]
BULK REGULATIONSStandards that control the height, density, intensity and location of structures, i.e., setbacks or yard requirements.
BUSINESS OFFICEAn office where a particular kind of business is transacted or a service supplied and shall be limited to offices for management, consulting, recordkeeping, and clerical work of a commercial, industrial, mercantile, or service enterprise.
CALIPERThe diameter of a tree trunk measured at a point six inches above the ground.
CANOPY OR FOREST CANOPYThe aerial cover formed by the outermost leaves and branches on the tree within any woodland area.
[Added 5-26-2009]
CARTWAYThe paved portion of a street or right-of-way intended for vehicular use.
CELL SITEA tract or parcel of land that contains the commercial communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with, and ancillary to, commercial communication transmission.
CEMETERYLand used or intended to be used for burial of the deceased, including columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CLEAR-CUTTINGThe removal of essentially all trees from a stand.
[Amended 5-26-2009]
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at a street intersection; defined by lines of sight between points at a given distance from the intersection down the center lines of the street.
CLUB or LODGEA building utilized as a private club or social organization offering restaurant or bar privileges for members.
CLUSTER DEVELOPMENTAn arrangement of residential structures that allows for grouping the structure by reducing lot area and yard requirements and incorporating the remaining area as open space.
COMMERCIALA use of land, or improvements thereto, for the purpose of engaging in retail, wholesale or service activities for profit.
COMMERCIAL PIGGERYThe raising of hogs or pigs on a commercial basis as the principal use on the lot where the animals are fed garbage or other edible waste.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antenna, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices. This definition shall be interchangeable with definition of "antenna, commercial communications." This definition shall not include private residence mounted satellite dishes or television antenna or amateur radio equipment, including, without limitation, ham or citizen ban radio antennas.
[Added 5-23-2005]
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 350 square feet.
[Added 5-23-2005]
COMMUNICATIONS TOWERA structure other than a building, such as a lattice tower, monopole tower, or other self-supporting tower, designed and used to support communications antennas, not to exceed 150 feet in height.
[Added 5-23-2005]
COMMUNICATIONS TOWER REBUILDA structure other than a building, such as a lattice tower, monopole tower, or other self-supporting tower, designed and used to support communications antennas, that is constructed in the general location of an existing communications tower, is designed to carry new communication antennae and the communications antennae from the existing communications tower, and not to exceed the height of the existing communications tower.
[Added 5-23-2005]
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
[Added 9-25-2005]
COMPREHENSIVE PLANThe Comprehensive Plan of North Coventry Township, as adopted and amended from time to time.
CONDOMINIUMA type of ownership, and not a type of use, wherein each apartment or dwelling unit is owned in fee by its occupant, while the land and such appurtenances as driveways, parking areas, sidewalks, landscaping, swimming pools and other recreation facilities, streetlighting, heating facilities, entrance lobbies, halls, elevators and on-site utilities, remain under the ownership, with full responsibility for maintenance, in the developer or any organization holding title to such land and appurtenances.
CONSERVANCY LOTA large, privately owned lot comprised primarily of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to open space land, while keeping the land under private ownership and maintenance. Except for the portion of the lot specifically designated for the house, yard, and related accessory uses, the remainder must be deed restricted and used in conformance with the standards for open space as set forth in this chapter. Public access to conservancy lots is not required.
CONSTRUCTIONThe erection, rebuilding, renovation, repair, extension, expansion, alteration, demolition, or relocation of a building or structure, including the placement of mobile homes.
CONSTRUCTION, NEWStructures for which the start of construction commenced on or after July 8, 1974, and includes any subsequent improvements thereto.
CONVENIENCE STOREA retail activity designed to serve a local market which involves a delicatessen, small food, and sundries market. These uses may also be accompanied by video tape sales and/or the sale of automotive fuels, subject to the applicable zoning district ordinance provisions.
CONVERSIONAn 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.
CUL-DE-SACA single access street intersecting another street at one end and terminated at the other by a vehicular turnaround, built to Township public street standards for vehicular traffic flow.
DAY CAREB. COMMERCIAL CHILD DAY-CARE CENTERA facility which exclusively provides supplemental parental care and/or instruction to children who are not related to the caregiver or operator; where tuition, fees, or other forms of compensation are charged; and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
C. HOME DAY CAREA major home occupation in which a private residence is used for the care and supervision of between four to six children or adults, not related to the caregiver.
DBHThe diameter of a tree at breast height, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
[Amended 5-26-2009]
DENSITY, GROSSThe total land area divided by the total number of dwellings to be housed thereon, expressed in dwelling units (DU) per acre.
DENSITY, NETThe number of dwelling units per acre of land devoted to any one particular housing type, including yards, off-street parking and driveway facilities directly serving those particular dwelling types, but excluding common open spaces, permitted commercial uses, public streets, and other public grounds and rights-of-way.
DEPARTMENT OF HEALTHThe Department of Health of the Commonwealth of Pennsylvania or of Chester County, or their representative having jurisdiction in the Township.
DEVELOPERAny landowner, agent of such landowner, tenant with permission of such landowner, or equitable owner, who makes or causes to be made an application for a subdivision or land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLANThe design or site layout plan required for certain land uses and development design options which cover the entire property.
DISCONTINUANCEThe cessation of the use of property evident from the continuous lack of maintenance or occupancy.
DISTRICTA geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects for the purpose of establishing zoning regulations.
DRAINAGEThe movement of water from an area by stream or sheet flow, and removal of excess water from soil by downward flow.
DRINKING ESTABLISHMENTAny inn, tavern, restaurant, club or lodge in which alcoholic beverages are consumed on the premises.
DRIPLINEThe line extending vertically from the exterior edge of the outermost leaves and branches on the tree to the ground.
[Added 5-26-2009]
DWELLINGAny building or other structure designed for, and occupied exclusively for, residential purposes, including an apartment and mobile home, but excluding rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like. It is the intention to include within the definition of dwelling all recognized housing types, architectural types or styles, or combinations thereof, whether such housing units are for lease or for sale. Dwelling types include, but are not limited to, the following:
A. SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence, containing one dwelling unit and having no common or party wall with an adjacent dwelling, and having yards on all sides. Where a private garage is structurally attached to such building, it shall be considered as part thereof.
B. SINGLE-FAMILY SEMIDETACHED (TWIN)A building designed for and occupied exclusively as a residence, containing two dwelling units separated by a vertical common or party wall and having yards on all but one side.
C. DUPLEXA building designed for and occupied exclusively as a residence, containing two dwelling units, in an "over and under" arrangement, separated by a horizontal common or party wall and having yards on all sides.
D. SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building designed for and occupied exclusively as a residence, containing three but not more than eight dwelling units each accommodating one family and which are attached by a vertical common party wall and which have side yards adjacent to each end unit.
E. MULTIFAMILYA building designed for and occupied exclusively as a residence, containing three or more dwelling units, but which does not meet the definition of a "townhouse."
DWELLING UNITA single living space for one family, excluding individual rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like.
EASEMENTAn interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.
EATING ESTABLISHMENTA place of business open to the public which dispenses prepared food and nonalcoholic drink.
EDUCATIONAL USEUse of land or building(s) for the establishment and maintenance of a public or private college, secondary or elementary school, or other educational institution for the primary purpose of instruction and learning.
EFFECTIVE DATE OF THE CHAPTERThe date upon which this chapter officially comes into effect, except that with respect to the subject matter of any amendment, said date shall mean the date upon which the particular amendment became or becomes effective.
EFFECTIVE SCREENA wall, fence, plantings, earth works, or combinations thereof, which are arranged or placed so as to divert attention from, or obstruct at least 50% of an otherwise clear view of a use or activity during all seasons of the year, as outlined by this chapter. (See also "planting screen.")
ELECTRIC SUBSTATIONBuildings or structures and equipment erected and used for the purposes 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.
ENGINEER, TOWNSHIPA professional engineer, licensed by the Commonwealth of Pennsylvania, and duly appointed as the engineer for the Township of North Coventry, Chester County.
ENVIRONMENTALLY SENSITIVE AREASThose areas of land the disturbance of which would contribute significantly to the degradation of environmental conditions or amenities. Environmentally sensitive areas include, but are not limited to, those resources protected in §
370-29 of this chapter.
EROSIONThe process by which the surface of the land, including water/stream channels, is worn away by water, wind, or chemical action.
[Added 5-26-2009; amended 1-27-2014]
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.
[Added 9-25-2005]
EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
[Added 9-11-2017 by Ord. No. 30]
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONThe preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
[Added 9-11-2017 by Ord. No. 30]
FAMILYA single housekeeping unit functioning as a family and:
[Amended 11-14-2005]
B. Is not a residential use that is institutional in character, in form or function; and/or
C. Is not a use otherwise permitted under this Zoning Chapter as a nursing home, convalescent home or institutional use; and/or
D. Is not an alcohol or drug treatment facility, a work release facility for convicts or ex-convicts; and/or
E. Is not a housing facility serving as an alternative to incarceration; and/or
F. Is a dwelling for no more than five unrelated individuals living together and doing their cooking on the premises.
FELLINGThe act of cutting a standing tree so that it falls to the ground.
[Added 5-26-2009]
FENCE OR WALLAny freestanding and uninhabited structure erected to secure or divide a property from another, or part of a property from the remaining part of the same property.
FILLMaterial, exclusive of structures, placed or deposited so as to form an embankment or to raise the surface elevation of the land.
FLAGPOLEA pole or staff from which a flag or flags are flown, together with apparatus for raising and lowering the flag or flags, and a decorative finial, and which pole serves no other ancillary purpose.
FLOOD ELEVATION, BASEThe elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
[Amended 7-10-2017 by Ord. No. 30-01]
FLOOD ELEVATION, REGULATORYThe base flood elevation, plus a freeboard safety factor of 1 1/2 feet.
[Amended 7-10-2017 by Ord. No. 30-01]
FLOOD, BASEA flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent annual chance flood").
[Amended 7-10-2017 by Ord. No. 30-01]
FLOOD FRINGEThe remaining portions of the one-hundred-year floodplain in those areas in the Flood Insurance Study where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year-flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
[Added 9-11-2017 by Ord. No. 30]
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.
[Added 9-11-2017 by Ord. No. 30]
FLOOD, ONE-HUNDRED-YEARThe highest level of flooding that, on the average, is likely to occur every 100 years; that is, that has a one-percent chance of occurring each year as delineated by the Flood Insurance Rate Maps (FIRMs) developed as issued by the Federal Emergency Management Agency (FEMA) (see also "base flood").
[Amended 9-11-2017 by Ord. No. 30]
FLOODPLAINA relatively flat or low land area adjoining a river, stream, or watercourse, which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to unusual and rapid accumulation or runoff of surface waters from any source.
[Amended 9-11-2017 by Ord. No. 30]
FLOODPLAIN, APPROXIMATEDThe areas identified as Zone A in the FIS for which the base flood elevations have not been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the base flood elevation, as well as a floodway area, if possible. When no other information is available, the base flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. (See §
370-28 for additional information pertaining to this definition.)
[Amended 9-11-2017 by Ord. No. 30]
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
[Added 9-11-2017 by Ord. No. 30]
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The areas identified as "floodway" in the Flood Insurance Study (FIS) prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study. In an area where neither FEMA maps or studies or other available studies or sources of information have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the center line of the stream and to 50 feet beyond the top of the bank of the stream on both sides.
[Amended 1-27-2014; 9-11-2017 by Ord. No. 30]
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of the wall separating two buildings, but not including interior parking spaces, interior loading space for motor vehicles, or any interior space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, GROSS USABLEThat floor area within a building, on all floors of such building which are used for or related to the business or use conducted within the building, including all lavatory areas, corridors, storage areas and other areas used to keep stock and inventory, but exclusive of the following areas: elevator shafts, stairwells, first floor lobby, storage area in the basement, and any room or area dedicated to the heating plant, air-conditioning equipment or other utility areas necessary for the operation of the building.
FLOOR AREA, HABITABLEThe floor area within exterior walls designed for year-round human occupancy, excluding such spaces as garages, accessory buildings, basements, attics, patios and porches.
FOREST MANAGEMENTThe practical application of biological, physical, quantitative, managerial, economic, social and policy principles to the regenerations, management, utilization and conservation of forests to meet specified goals and objectives while maintaining the productivity of the forest. Note: Forest management includes management for aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products and other forest resource values.
[Added 5-26-2009]
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.
FREEBOARDA dimension or distance above a floodplain or flood hazard area, utilized as a margin of safety. (See also "flood elevation, regulatory.")
FRONTAGEThe length of a front lot line coinciding with a street line.
FUELING POSITIONAt an automobile service or gas station, the location adjacent to a fuel dispensing pump capable of dispensing fuel to a single vehicle. Each side of the pump that is capable of dispensing fuel to a vehicle shall be considered a separate fueling position. For example, a facility with two pumps, but where four vehicles can be fueled simultaneously, has four fueling positions.
GARAGE, PRIVATEAn accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC PARKINGA building other than a private garage, one or more stories in height, used solely for the commercial storage or parking of motor vehicles.
GARAGE/YARD SALEThe temporary display and sale of goods and craft items on a residentially used property.
GOLF COURSEAn organized, unlighted playing area containing a minimum of nine holes, constructed according to PGA and USGA Standards and excluding miniature golf courses and driving ranges.
GREENAn informally landscaped public open space.
[Added 6-23-2014]
GREEN AREAThat portion of a tract or lot maintained in its natural state or landscaped with shrubs, trees, and lawn, which is not occupied by any buildings, paved surfaces or man-made structures.
GREENHOUSE, COMMERCIALA building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale.
GREENWAYA corridor of undeveloped land preserved for recreational use or environmental protection.
[Added 6-23-2014]
GROUNDWATER RECHARGEThe replenishment of water, contained in interconnected pores located below the water table in an aquifer, from the infiltration of precipitation, streams, lakes, or other water sources.
HEDGEROWA linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines or property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this chapter, hedgerows are considered woodlands and regulated as such regardless of area or tree size.
[Amended 5-26-2009]
HEIGHT OF COMMUNICATIONS TOWERThe vertical distance measured from the based of the tower to the highest point of the tower structure, including any antenna affixed thereto.
[Added 5-23-2005]
HELIPORTAn area of land or a structural surface which is designed, used, or intended to be used for the landing and takeoff of helicopters, and which includes appurtenant areas which are designed to be used for helicopter support facilities such as maintenance, refueling, and hangars. Such use shall not be permitted within the Township.
HELISTOPAn area of land or a structural surface which is designed, used, or intended to be used for the landing and takeoff of helicopters, but which is restricted in use to the persons authorized by the owner of the facility. Such use shall only be permitted as an accessory use as specified in this chapter.
HIGH-VALUE SPECIESAny tree(s) of the following species that is greater than or equal to 12 inches in diameter at breast height (DBH):
[Added 5-26-2009]
| Botanical Name | Common Name |
|---|
| Acre saccharium | Sugar Maple |
| Carya cordiformis | Bitternut Hickory |
| Carya glabra | Pignut Hickory |
| Carya ovata | Shagbark Hickory |
| Carya tomentosa | Mockernut Hickory |
| Fagus grandifolia | American Beech |
| Fraxinus americana | White Ash |
| Juglans nigra | Eastern Black Walnut |
| Quercus alba | White Oak |
| Quercus bicolor | Swamp White Oak |
| Quercus coccinea | Scarlet Oak |
| Quercus montana | Chestnut Oak |
| Quercus palustris | Pin Oak |
| Quercus rubra | Northern Red Oak |
| Quercus velutina | Black Oak |
HIGHWAY ACCESS POINTThe location or place of egress and ingress to a street or highway created by a driveway, alley, or other street.
HIGHWAY COMMERCIAL DEVELOPMENTA commercial establishment located on a contiguous lot area of 10 acres or more which includes at least five retail stores and in which stores have a combined floor area of at least 100,000 square feet.
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 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;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATIONAn activity conducted for profit by persons residing on the premises, which is clearly subordinate to the residential use of the property. Home occupations are further divided into two categories, major and minor, as defined below:
A. MINOR HOME OCCUPATION or 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 does not involve 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. The business or commercial activity shall also satisfy the criteria of §
370-50A of this chapter in order to qualify as a minor home occupation.
B. MAJOR HOME OCCUPATIONA home occupation which requires additional review and regulation because of its potential impact on the area in which it is located. A major home occupation is specifically defined as a home occupation that does not meet one or more of the criteria of a minor home occupation as outlined in §
370-50A of this chapter.
HOMEOWNERS' ASSOCIATIONA nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property. This term is synonymous with property-owners association.
HORTICULTUREThe cultivation of fruits, vegetables, flowers, or ornamental plants. A form of agriculture.
HOSPITALAn institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, or other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTELAn establishment open to transient guests and in which lodging with or without meals is offered for compensation and in which access to guest rooms is from an interior lobby, corridor or hallway accessed from a common entrance.
HYDRIC SOILSA. A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. For the purposes of this chapter, hydric soils include any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). In North Coventry Township, hydric soils shall include, but are not limited to:
| Soils with Major Hydric Components | Soils with Hydric Inclusions and Hydric Component of the Inclusions |
|---|
| Bowmansville silt loam (Bo) | Chewacla silt loam (Ch) - Wehadkee (We) |
| Croton silt loam (Cr) | Congaree silt loam (Cn) - Wehadkee (We) |
| Wehadkee silt loam (We) | Readington silt loam (Rd) - Croton (Cr) |
| Worsham silt loam (We) | Rowland silt loam (Ro, Rp) - Bowmansville silt loam (Bo) |
B. Where site conditions indicate that the location of hydric soils or the hydric inclusions differ from locations indicated by the SCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the SCS information shall be presumed to be accurate. Where the applicant seeks reclassification of hydric soils and their location, such reclassification shall be undertaken by a certified soil scientist or other similarly qualified professional.
IMPERVIOUS SURFACEA surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including but not limited to: structures such as roofs, buildings, storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, tennis or other paved courts, or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this chapter, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case-by-case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc.
[Amended 1-27-2014]
INDUSTRIAL PARKA grouping of two or more industrial establishments which are subdivided and developed according to a unified plan that includes the common use of streets and utilities.
INSTITUTIONAL HOME OR USEA building, structure or use that houses more than five individuals that are not related and would be a building, structure or use regulated as an institutional use under the Uniform Building Code or any Pennsylvania State health, welfare or safety act, statute or code classifying such home, structure, building or use as an institutional use for purposes of health, safety or welfare regulation, permitting or classification of the use or structure.
[Added 2-26-2007]
INTERSECTIONAll of the area comprising where two or more streets, roads or rights-of-way meet.
[Added 11-14-2005]
INVASIVE PLANT SPECIESPredominantly nonnative, nonindigenous, alien tree, shrub, vine or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species. Invasive trees, shrubs, vines or herbaceous species include, but are not limited to: Norway Maple (Acer platanoides), Tree-of-Heaven (Ailanthus altissima), Paper Mulberry (Broussonetia papyrifera), White Mulberry (Morus alba), Empress Tree (Paulownia tomentosa), White Poplar (Populus alba), Multiflora Rose (Rosa multiflora), Japanese Barberry (Berberis thunbergii), European Barberry (Berberis vulgaris), Autumn Olive (Eleagnus umbrella), Border Privet (Ligustrum obtusifolium), Common Privet (Ligustrum vulgare), Morrow's Honeysuckle (Lonicera morrowii), Tartarian Honeysuckle (Lonicera tatarica), Japanese Honeysuckle (Lonicera japonica), Common Buckthorn (Rhamnus cathartica), Wineberry (Rubus phoenicolasius), Japanese Spiraea (Spiraea japonica), Linden Viburnum (Viburnum dilatatum), Guelder Rose (Viburnum opulus), Oriental bittersweet (Celastrus orbiculatus), Leatherleaf Climatis (Clematis terniflora), Mile-a-Minute Weed (Polygonum perfoliatum), Kudzu (Pueraria lobata), Garlic Mustard (Alliaria pertiolata), Canada Thistle (Cirsium arvense), Crown Vetch (Coronilla varia), Tall Fescue (Festuca elatior), Purple Loosestrife (Lythrum salicaria), Sweet Clover (Melilotus afficinalis), Japanese Stilt Grass (Microstegium vimineum), Reed Canary Grass (Phalaris arundinacea) and Johnson Grass (Sorghum halepense).
[Amended 5-26-2009]
Norway Maple (Acer platanoides), Tree-of-Heaven (Ailanthus altissima), Paper Mulberry (Broussonetia papyrifera), White Mulberry (Morus alba), Empress Tree (Paulownia tomentosa), White Poplar (Populus alba), Multiflora Rose (Rosa multiflora), Japanese Barberry (Berberis thunbergii), European Barberry (Berberis vulgaris), Autumn Olive (Eleagnus umbrella), Border Privet (Ligustrum obtusifolium), Common Privet (Ligustrum vulgare), Morrow's Honeysuckle (Lonicera morrowii), Tartarian Honeysuckle (Lonicera tatarica), Japanese Honeysuckle (Lonicera japonica), Common Buckthorn (Rhamnus cathartica), Wineberry (Rubus phoenicolasius), Japanese Spiraea (Spiraea japonica), Linden Viburnum (Viburnum dilatatum), Guelder Rose (Viburnum opulus), Oriental bittersweet (Celastrus orbiculatus), Leatherleaf Climatis (Clematis terniflora), Mile-a-Minute Weed (Polygonum perfoliatum), Kudzu (Pueraria lobata), Garlic Mustard (Alliaria pertiolata), Canada Thistle (Cirsium arvense), Crown Vetch (Coronilla varia), Tall Fescue (Festuca elatior), Purple Loosestrife (Lythrum salicaria), Sweet Clover (Melilotus afficinalis), Japanese Stilt Grass (Microstegium vimineum), Reed Canary Grass (Phalaris arundinacea), and Johnson Grass (Sorghum halepense). |
ITE TRIP GENERATION RATESVehicle trips generated for a particular size of land use published by the Institute of Transportation Engineers, ITE Trip Generation Manual, 4th or later editions.
JUNKYARDAny area or structure used for the collecting, storage and/or sale of waste paper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, or salvaging of machinery or wrecked, disabled, or unregistered vehicles. The collecting, dismantling, deposit, storage and/or salvaging of two or more vehicles which are wrecked, disabled, currently unregistered or without a current inspection sticker, shall constitute a junkyard. Toxic wastes, radioactive materials, poisons, and other substances which are potentially harmful to man are excluded from this definition.
KENNELThe use of land, building or structure for the purpose of breeding, boarding, training or grooming customary household pets for compensation, or the maintenance of four or more dogs that are more than six months old on a single lot or contiguous lots under single ownership or lease.
LABORATORYA building or group of buildings in which are located facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
LAKE AND POND SHORELINESThe land side edges of lakes and ponds from established shoreline to an upland boundary. For the purposes of this chapter, such boundary shall be equivalent to that required for a wetland margin.
LAKES AND PONDSNatural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams, or result from excavation. Lakes are bodies of water two or more acres in area. Ponds are bodies of water less than two acres in area.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants; or
(2) The division or allocation of space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
C. The definition of land development shall not include the following activities:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building;
(3) The addition or conversion of buildings or rides within the confines of an enterprise which constitutes an amusement park. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
LAND DISTURBANCEAny activity which exposes soils, alters topography and/or alters vegetation, except for removal of a safety hazard, diseased trees, or invasive vegetation.
LANDINGA place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
[Added 5-26-2009]
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPINGThe planting of turf-grass or other appropriate ground cover in all open areas of the lot, and in addition, the planting of evergreen and deciduous trees, and shrubs, including the maintenance thereof, for the control of erosion, retention of precipitation, protection against the elements, promotion of human comfort, and otherwise protecting the public health, safety and welfare.
LAUNDROMATAn establishment providing washing and drying machines or dry-cleaning services on the premises for rental use to the general public for laundering of clothing or dry-cleaning purposes.
LEGAL HOLIDAYThe term "legal holiday," as used in this chapter, shall mean and include New Year's Day, birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
[Added 5-26-2009]
LITTERDiscarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.
[Added 5-26-2009]
LOADING SPACEA space, accessible from a street or accessway, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
LOPTo cut tops and slash into smaller pieces to allow material to settle close to the ground.
[Added 5-26-2009]
LOTA parcel of land which is occupied or to be occupied by one principal building or use, together with any accessory buildings or other structures or uses customarily incidental to such principal buildings or other structure or use, or such other uses specifically authorized herein to be combined with said principal use, and such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions for such lot being not less than the minimum required by this chapter.
LOT AREA, GROSSThe area of land contained within the limits of the legally described property lines bounding the lot.
LOT AREA, NETThe area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any streets, rights-of-way, easements for purpose of access, stormwater management, sewer or water service or other infrastructure, and common open space, all of which presently exist or shall exist as a result of the development of such lot for the purpose and use allowed under Chapter
370, Zoning, and Chapter
320, Subdivision and Land Development, of North Coventry Township. Additionally, in determining and establishing the net lot area, exclude any area that has prohibitively steep slopes, that is in the Floodplain Conservation District, is within the Zone-One Riparian Buffer, and/or is within the wetlands, as defined by Chapter
370, Zoning. For lots requiring a minimum lot area of less than one acre, the minimum lot area shall equal the net lot area consisting of contiguous land, undivided by streams, wetlands, floodplains, prohibitive steep slopes, existing or proposed streets or rights-of-way, or existing or proposed easements. For lots requiring a minimum lot area of one acre or more, the minimum lot area shall include within its boundary a minimum net lot area of at least one acre of contiguous land, undivided by streams, wetlands, floodplains, prohibitive steep slopes, existing or proposed streets or right-of-ways, or existing or proposed easements.
[Amended 2-26-2007]
LOT AVERAGINGDevelopment design option which allows flexibility in lot size, provided the average lot size as is required within the district is maintained.
LOT, CORNERA lot bounded by two or more intersecting streets, or at the point of abrupt change in direction of a single street, the interior angle of which is not greater than 135°.
LOT COVERAGEThe ratio of the total ground floor area of all impervious surfaces to the total area of the lot on which they are located.
LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street deemed to be the same as the street line, the lot line shall not be the center line of the street, or any other line within the street line even though such may be on the property boundary line in a deed.
LOT LINE, FRONTThe lot line abutting a street and coinciding with the street line; in the case of a corner lot, each street on which the corner lot abuts shall be considered a front lot line.
LOT LINE, REARA 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, parallel to and at the maximum possible distance from the front lot line. In the case of a corner lot, see "yard, front."
LOT, MOBILE HOMEA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
LOT, REVERSE OR DOUBLE FRONTAGEA lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
LOT WIDTHThe distance, in feet, between the two opposite side lots, or between the side lot line and the front lot line in the case of a corner lot, measured at either the building line or the street line, and parallel to the street line.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Added 9-25-2005]
MANUFACTURED HOME PARKA parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
[Added 9-25-2005]
MEDICAL CENTERA building containing establishments dispensing health care services, including services for health maintenance and the treatment of mental and physical conditions where such services are provided on an outpatient basis.
MINIMUM BUILDABLE AREAThat area of a lot that has no development restrictions. The minimum buildable area shall not include the area of any required setbacks (except driveways which cross yards), buffer yards, natural features with 100% protection as specified in §
370-29, and the portion of other protected natural features that may not be developed or intruded upon.
MINI-WAREHOUSEStorage units provided for lease to the public for the purpose of storage of personal property generally stored in residential structures and in which each storage unit has direct access from the outside.
MIXED USEThe use of a building or a lot for two or more principal uses.
MOBILE HOMEA transportable, single-family 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, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, including any addition or accessory structure, such as porches, sheds, decks or additional rooms. The term includes park trailers, travel trailers, recreational, and other similar vehicles which are placed on a site for more than 180 consecutive days.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more manufactured or mobile home lots.
MOBILE HOME PARK OPERATORThe owner of a mobile home park, or his authorized agent, who is duly licensed for maintaining a mobile home park in the Township.
MOTELAn establishment open to transient guests and in which lodging with or without meals is offered for compensation and which has a parking space for each guest facility and access directly from the outside.
MUNICIPAL USEAny building, structure, facility, complex, area or use, provided, constructed, or maintained by the municipal government of North Coventry Township, the North Coventry Municipal Authority, or the North Coventry Water Authority, Chester County, Pennsylvania.
NEIGHBORHOOD COMMERCIAL USECommercial uses intended primarily for the use of local residential neighborhoods within the Township and its immediate vicinity. Neighborhood commercial uses include retail businesses for the sale of food, drugs, flowers, household goods, newspapers, stationary, art supplies, fine art sales, and tobacco; and personal service uses, including barber or beauty shops, tailor shop, photographic studios, shoe repair, and similar types of businesses, but shall not include convenience stores as defined elsewhere in this chapter.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective start date of the floodplain management article and includes any subsequent improvements to such structures. Any construction started after August 15, 1978, and before the effective start date of the floodplain management article is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
[Amended 9-11-2017 by Ord. No. 30]
NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
[Added 9-11-2017 by Ord. No. 30]
NONCONFORMING LOTA lot or site which does not comply with the applicable dimensional regulations, including those related to site area, lot area, and lot width, in this chapter or amendments hereafter enacted where such lot was lawfully in existence prior to enactment of this chapter or amendments.
NONCONFORMING SIGNAny sign lawfully existing at the time of the passage of this chapter that does not conform in use, location, height, or size to the regulations of Article
XIII, Signs.
NONCONFORMING STRUCTUREA structure which does not comply with the applicable dimensional regulations, including those relating to density, impervious surfaces, building coverage, building height, and setbacks in this chapter or amendments hereafter enacted where such structure was lawfully in existence prior to enactment of this chapter. Such structures include, but are not limited to, buildings, fences, and swimming pools.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
NURSERYLand or greenhouses used to raise flowers, shrubs, trees, and/or other plants for commercial purposes.
NURSING HOME OR CONVALESCENT HOMEA building or series of buildings for the housing and care of persons in need of specialized care and attention, but which does not necessarily meet hospital level of services.
OFFICE BUILDINGA building used primarily for conducting the affairs of a business, profession, service, industry or government, or similar activity and where no goods, merchandise, or materials are stored for sale, exchange, or delivery on the premises.
OFFICE PARKA grouping of two or more office buildings which are subdivided and developed according to a unified plan involving the layout of several lots, buildings, access streets, landscaping, and other improvements typically in a campus-like setting.
OFFICIAL MAPThe Official Map of North Coventry Township and accompanying Official Map Ordinance, as may be amended from time to time, adopted in accordance with Article
IV of the MPC.
[Added 4-7-2014]
OPEN SPACE, COMMONA parcel or parcels of land or an area of water, or a combination of land and water, within a development site, designed and intended for the use and enjoyment by residents of such development and possibly the general public. Common open space shall be substantially free of structures, but may contain such improvements as are in the finally approved development plan, and shall not include individually owned private yards, streets, and off-street parking areas unless provided in conjunction with a recreational facility.
OPEN SPACE, USABLEOpen space as defined under "open space, common," but excluding area covered by buildings, parking areas, rights-of-way, private yards, required yard setbacks, easements, floodplain, wetlands, slopes 15% and greater, public facilities such as school and churches, sewage treatment and disposal area and stormwater retention area, but including impervious surfaces associated with recreational site improvements such as bicycle and walking trails, game courts and open-sided shelters.
OWNER; LANDOWNERThe individual, partnership, company, firm, association or corporation which holds title to standing timber and to the land on which it is situated, including his agents or subcontractor or employees.
[Added 5-26-2009]
PARKING SPACEA space located off the public right-of-way designed and designated for parking a motor vehicle.
PARKING SPACE, ALL-WEATHERA parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.
PARTY WALLA common shared wall between two separate structures, buildings, or dwelling units.
PERSONAL SERVICE ESTABLISHMENTA building in which limited services consistent with neighborhood needs are offered to the general public. Examples of such services include, but are not limited to: barber and beauty shops, pharmacies, dry-cleaning and tailoring shops, shoe repair shops, travel agencies, or photocopy shops.
PLANNING COMMISSIONThe Planning Commission of North Coventry Township, Chester County, Pennsylvania.
PLANTING SCREENA combination of deciduous (leaf-shedding) and evergreen plantings intended to provide an effective screen throughout the year. (See also "effective screen.")
PLATThe map or plan of a subdivision of land, whether preliminary or final.
PLAT, RECORDEDThe final plat, or engineering layout of streets and lots, easements, common open space and public grounds, which has been duly approved by all necessary officials and bodies, and recorded in the Office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.
PREMISESA separate lot, tax parcel, tract, or plot of land together with the buildings and structures thereon. Premises may include more than one occupant on a lot or parcel, such as an office building or planned commercial center.
PROCESSINGA function involved in the manufacturing of materials, goods or products in which they are not physically changed except for packaging or sizing.
PROFESSIONAL CONSULTING FORESTERA forester who has obtained the professional certification of Certified Forester®, by the Society of American Foresters (SAF) or full membership in the Association of Consulting Foresters of America (ACF), for the purposes of this chapter, shall be considered a professional consulting forester. Alternatively, and prior to filing any permit application, an individual can petition the Board of Supervisors to qualify as a professional consulting forester under this chapter by submitting his or her educational and professional qualifications, samples of previous timber harvest plans and references from Pennsylvania townships/boroughs for review. The minimum requirements of a person for consideration are:
[Added 5-26-2009]
A. A Bachelor of Science degree in Forestry from a college accredited by the Society of American Foresters;
B. Engagement in forestry consulting work to the general public on a fee or contractual basis;
C. No economic interest in timber purchasing or procurement entities; and
D. Preparation of a minimum of five approved Timber Harvesting Plans within the state.
PROFESSIONAL OFFICEThe office of a member of a recognized and lawful profession maintained for the conduct of that profession, including, but not limited to, dentists, doctors, chiropractors, attorneys, and accountants.
PUBLIC GROUNDSIncludes parks, playgrounds and other public areas, and the sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body, intended to inform and obtain public comment prior to taking action.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in North Coventry 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 be not less than seven days from the date of the hearing.
PUBLIC SERVICE FACILITIESTelephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.
PUBLIC USEAny building, structure, facility, complex, or area used by the general public or which provides a service to the public, whether constructed by a state, county, or municipal government agency, or any private individual, partnership, association, or corporation.
PUBLIC WATER SYSTEMS (PWS)A system that provides piped water for human consumption to at least 15 service connections or serves an average of at least 25 people for at least 60 days each year. PWSs can be community, nontransient noncommunity, or transient noncommunity systems. Community water systems (CWS) provide water to the same population year round. Examples of CWSs are municipal systems, authorities, and residential developments having a community water system and water source. Nontransient noncommunity water systems (NTNCWS) are PWSs that are not CWSs, but that regularly serve 25 of the same people at least six months of the year. Examples of NTNCWSs are schools, factories and hospitals that have their own water system and water source. Transient noncommunity water systems (TNCWS) are public water systems that provide water to transitory customers in nonresidential areas such as campgrounds, motels, and restaurants having their own water system and water source.
[Added 3-10-2008]
Q7-10 FLOWA statistical estimate of the lowest average flow that is experienced during a consecutive seven-day period with a recurrence interval of 10 years. Because the flow is estimated to recur on an average of only once in 10 years, it is usually an indicator of low flow, stressed stream conditions during drought.
[Added 3-10-2008]
QUARRYING/MININGRemoval of sand, clay, gravel, topsoil, or similar extractive operations, including borrow pits (excavations for removing material for fill operations).
RADIO, TELEVISION, OR MICROWAVE TRANSMITTER OR TOWERA structure that includes a transmitting, relay, or antenna tower, and support structures and accessory buildings that is licensed by the Federal Communications Commission for the specified purpose of transmitting or receiving television, radio, or telephone communications.
RARE SPECIES SITEAny area which has been identified as possessing floral or faunal species of concern or sites in which federally and/or state-recognized rare, threatened or endangered species of flora and/or fauna are present.
[Added 5-26-2009]
RECREATION, ACTIVEThose recreational uses which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to playgrounds, ball courts and swimming pools, excluding amusement parks.
RECREATIONAL EQUIPMENT, MAJORMajor recreation equipment shall include boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), tent trailers, snowmobiles, and apparatus used for transporting recreational equipment, whether occupied by such or not, and any other similar equipment or apparatus.
RECREATIONAL FACILITYA place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
RECREATIONAL VEHICLEA vehicle which is:
A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projections;
C. Designed to be self-proposed or permanently towable by a light-duty truck;
D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RECREATION, OUTDOORA recreational use and associated facilities designed and equipped for the conduct of sports and leisure time activities, including swimming, tennis and other court games, baseball and other field sports, playground and other outdoor activities, but excluding amusement parks, go-cart tracks, shooting ranges and other activities which generate noise objectionable to a residential environment.
RECREATION, PASSIVERecreational uses which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include, but are not limited to hiking, biking, and picnicking.
RECREATION USE, INDOORThe use of a building or part thereof for indoor sports such as bowling, tennis, racquetball, squash, indoor basketball, indoor swimming, and those sports activities usually conducted indoors, but excluding target shooting or any other activities that create loud noises or may be dangerous or disturbing to surrounding residents.
RECYCLING CENTERA business that accumulates material such as paper, glass, aluminum, and plastic that is no longer useful for its original purpose. The materials are then transported off the premises to be manufactured into a new product. A place for the collection and storage of materials suitable for recycling into usable products of the like, kind and quality of the materials collected.
REFORESTATIONThe restocking of an area with forest trees, including natural regeneration, as well as tree planting.
RELIGIOUS USEA nonprofit use of land or a building primarily as a place of worship. The definition shall not include any nursing, convalescent or transition use. The definition shall also not include a residential use other than a rectory and parish house that is not a primary but ancillary use. A school that is ancillary to the religious use shall be considered a permitted accessory and educational use.
[Amended 11-14-2005]
RENTAL UNITAn individual space offered for rent or lease within a motel, hotel, rooming house, tourist home, institutional home, dormitory, or in a professional or commercial office building.
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 flood.
[Added 9-25-2005]
RESORTA facility for transient guests where the primary attraction is health and/or recreational features or activities.
RESTAURANTA place of business serving food and beverages prepared for consumption on the premises, and providing table or sit-down service, but not including outdoor curb service.
RESTAURANT, FAST-FOODAn eating establishment where customers place their orders at a service area located indoors, but separate from any seating facilities, and where food is either consumed at seating facilities or is taken out for consumption.
RESTAURANT, FAST-FOOD WITH DRIVE-THROUGH SERVICEA fast-food restaurant as described above, but which also provides service to customers who remain seated in automobiles where customers are served either through an exterior window in the establishment, or directly to parked automobiles on the premises.
RETAIL SERVICESEstablishments providing services or entertainment, as opposed to products, to the general public, real estate and insurance, personal service establishments, motion pictures, amusement and recreation service, educational and social services, museums and galleries.
RETAIL STORE/TRADEEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, such as, but not limited to hardware store, pharmacy, magazine or book store, florist, or clothing store.
RETENTION BASINAn impoundment that is designed to temporarily detain a certain amount of stormwater from a catchment area and which may be designed to permanently retain stormwater runoff from the catchment area; retention basins may always contain water.
[Added 1-27-2014]
RETIREMENT COMMUNITYA. A development of individual or multiple dwelling units which is designed for adults and which meets the definition of "housing for older persons" as set forth in the Fair Housing Amendments Act of 1988, as amended.
B. Exclusively for adult individuals and/or couples who are at least 55 years of age and includes facilities or services specific to the population.
RIGHT-OF-WAYLand that is reserved or dedicated for use as a street, alley, walkway, intersection or the area relating thereto comprising the intersection for any public or private purpose.
[Amended 11-14-2005]
RIGHT-OF-WAY, FUTUREThe right-of-way deemed appropriate to provide adequate width for future street improvements.
RIGHT-OF-WAY, LEGALThe existing right-of-way of dedicated streets as established by the Commonwealth of Pennsylvania or other appropriate governing authority.
RIPARIAN BUFFERA riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer provides the following benefits: reduces the amount of nutrients, sediments, pesticides, and other harmful substances that reach watercourses, wetlands, and other surface water bodies; provides for shading of the aquatic environment to moderate temperatures and protect fish habitat; provides organic matter which provides food and habitat for bottom dwelling organisms essential to the food chain; increases streambank stability and reduces streambank erosion and sediment production; conserves natural features important to land and water features (e.g., headwater areas, groundwater recharge zones, streams, and prime wildlife habitat); and conserves natural, scenic, and recreation areas and promotes the functioning of greenways. For the purposes of this chapter, the riparian buffer shall be divided into two zones:
A. Zone One: Inner Riparian Buffer — This zone begins at the top of each streambank of an identified watercourse and occupies a margin of land with a minimum width of thirty (35) feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank (at bankfull), as reviewed and approved by the Township Engineer. Where prohibitive slopes (more than 25%) are located within thirty (35) feet of a watercourse, Zone One shall extend the entire distance of this sloped area.
B. Zone Two: Outer Riparian Buffer — This zone begins at the outer edge of Zone One and occupies a minimum width of 65 feet in addition to Zone One.
(1) In cases where Zone One extends beyond 35 feet due to the presence of prohibitive slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a total width of 100 feet.
(2) Where the Zone Two riparian buffer is not wooded, it shall be maintained as a filter strip of dense grass and forbs or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow. (See Subsection b(5) below for requirements where vegetation does not exist in the buffer prior to proposed development.)
ROADShall have the same meaning as "street" as defined hereunder.
[Added 11-14-2005]
ROOMING HOUSEA dwelling in which weekly or monthly sleeping accommodations are provided for rent to more than two but less than 10 persons, whether or not the serving of meals is included.
SANITARY LANDFILLAn approved site licensed by the Commonwealth of Pennsylvania for solid waste disposal where the solid waste is spread in thin layers, compacted to the smallest practical volume and covered with soil at the end of each working day.
SECONDARY FARM FAMILY BUSINESSAn agricultural accessory use, such as repair of agricultural equipment, butcher shop, or processing of local agricultural products, which provide a secondary source of income to the primary agricultural use.
SEDIMENTSolid material, both mineral and organic, that is in suspension, is being transported, has been deposited or has been removed from its site of origin by erosion.
[Added 5-26-2009]
SELECTIVE CUTTINGThe felling of certain, but not all trees in an area for the purposes of: (1) removing dead, diseased, damaged, mature or marketable timber; (2) improving the quality of a tree stand or species; or (3) meeting personal domestic needs. (See also "clear cutting.")
SEWAGEAny substance that contains any of the waste products or excrementitious matter or other discharge from the bodies of human beings or animals and laundry, bathroom, and kitchen waste water.
SEWAGE DISPOSAL SYSTEMA. INDIVIDUALThe disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Chester County Health Department.
B. CENTRAL/COMMUNITY COLLECTION AND TREATMENT (CENTRALIZED)A 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 SEWER SYSTEM (CENTRALIZED)An off-site system for collection, treatment, and disposal of sewage in which sewage is conveyed to the treatment facility of the North Coventry Municipal Authority, and disposed of through means and approved by the Pennsylvania Department of Environmental Protection.
SHOPPING CENTERA group of two or more commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, and with provision for goods delivery separated from customer access and which does not meet the definition of "highway commercial development." For the purposes of this chapter, shopping centers shall also include any single commercial use with a gross floor area of 20,000 square feet or greater.
SIGHT DISTANCEThe maximum extent of unobstructed vision (in a vertical or horizontal plan) along a street from a vehicle located at any given point on the street.
SIGNAny permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other surface that displays or includes any letter, word, insignia, flag, or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction, or which is designed to attract the eye or bring the subject to the attention of the public. (See Article
XIII, Signs, for definitions of specific sign types.)
SIGN AREA(See Article
XIII, Signs, for the calculation of sign area.)
SIGN HEIGHTThe distance from the existing ground elevation at the base of, or immediately below the sign, to the highest point of the sign structure.
SINGLE AND SEPARATE OWNERSHIPThe ownership of property by any person, partnership, or corporation, in which ownership is separate and distinct from that of any adjoining property.
SITE RESTORATIONMeasures taken following completion of land disturbance activities which will stabilize the land surface and minimize possible erosion or sedimentation.
SOIL MOTTLINGA soil irregularly marked with spots or patches of different colors, usually indicating poor aeration or lack of good drainage.
SOLID WASTEAll refuse, including garbage and trash, and all solid material which is putrescible and originating from the preparation, cooking and consumption of food and market produce.
SPECIAL FLOOD HAZARD AREA (SFHA)An area in the floodplain subject to a one-percent 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.
[Added 9-11-2017 by Ord. No. 30]
SPECIAL PROTECTION WATERSThose surface waters having quality which satisfies the criteria cited in 25 Pa. Code, Chapter 93, as amended, by PA Department of Environmental Protection (PA DEP), for special protection and water use designation of high quality waters (HQ) or exceptional value waters (EV). All North Coventry Township stream water quality designations shall be as listed in 25 Pa. Code § 93.9, as amended.
[Added 3-10-2008]
SPECIMEN VEGETATIONIndividual 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 are not considered all inclusive.
Examples of Specimen Trees |
|---|
Species | Minimum Size (dbh) (inches) | Species | Minimum Size (dbh) (inches) | Species | Minimum Size (dbh) (inches) |
|---|
Apple | 24 | Locust | 30 | Sassafras | 20 |
Ash | 32 | Maple | 32 | Spruce | 30 |
Beech | 32 | | | Sycamore | 36 |
Cherry | 24 | Oak | 32 | Tulip Poplar | 36 |
Elm | 30 | Osage Orange | 20 | Walnut | 30 |
Hemlock | 30 | Pine | 30 | Hickory | 32 |
SQUAREA formally landscaped public open space.
[Added 6-23-2014]
STANDA contiguous group of trees, sufficiently uniform in species composition, arrangement of age classes, and condition to be a homogeneous and distinguishable unit.
[Added 5-26-2009]
START OF CONSTRUCTIONIncludes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Added 9-11-2017 by Ord. No. 30]
STEEP SLOPESA. Those areas of land where the grade is 15% or greater. For the purposes of this chapter, steep slopes are divided into two categories:
(1) Precautionary slopes are those areas of land where the grade is 15% to 25%.
(2) Prohibitive slopes are those areas of land where the grade is 25% or greater.
B. Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For this chapter, slope shall be measured over three two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
STORAGEThe keeping of new or used products, merchandise, materials, equipment or vehicles for a continuous period greater than eight hours. Excluded from this definition are the following:
A. Equipment, vehicles and materials which are used in connection with a construction project during the period of construction.
B. The unloading or loading of vehicles which are parked against a building so that all activity occurs within the building.
STORAGE, OUTDOORThe keeping of goods or materials for present or future use in an area unprotected from the elements.
STORMWATER MANAGEMENT FACILITYAny feature, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate, or quantity. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration facilities.
[Added 1-27-2014]
STREAMMy channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
[Added 5-26-2009]
B. INTERMITTENT STREAMA stream whose water flow normally occurs in the wetter part of the year (October through April) or following major storm events.
STREAM BASE FLOWThe portion of stream flow that is not runoff and results from seepage of water from the ground into a channel slowly over time. The primary source of running water in a stream during dry weather would constitute the stream base flow.
[Added 3-10-2008]
STREAM ORDERA stream’s order is its rank, or relative position, within the network. A first-order stream is a channel with no tributaries, that is, a channel at its upper reaches and near its source. A second-order stream is a channel fed by at least two first-order tributaries. The joining of two second-order streams forms a third-order stream. Stream ranking continues in this manner until the highest-ordered channel is reached. First-order streams are located in the headwater areas of watersheds and typically convey small volumes of water draining from springs or seeps in the valley hillsides. These streams are vulnerable to pollution because such streams are unable to dilute contaminants, assimilate much organic waste, or remove sediments deposited on channel bottoms.
[Added 3-10-2008]
STREETA public (dedicated) or private (undedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word 'street' includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, road, right-of-way, intersection, and/or similar terms. The word "street" shall also include and encompass such intersections that are directly related to or affected by the right-of-way intended for use as a means of vehicular and/or pedestrian circulation providing access to more than one lot. Streets are further classified within the North Coventry Township Comprehensive Plan:
[Amended 11-14-2005]
B. COLLECTOR STREETThose streets which, in addition to giving limited access to abutting properties, intercept local or minor streets and provide routes, carrying considerable volumes of traffic to community facilities and to major traffic streets, and are identified as such in the Comprehensive Plan of North Coventry Township.
C. ARTERIAL OR MAJOR STREETThose streets serving large volumes of comparatively high-speed and long distance traffic and include facilities classified as main and secondary highways by the Pennsylvania State Highway Department and are identified as arterial streets in the Comprehensive Plan of North Coventry Township.
D. MARGINAL ACCESS STREETLocal or minor streets, parallel and adjacent to abutting properties with controlled access points onto the collector or arterial street.
STREET, CENTER LINEA line which is an equal distance from both street lines unless officially designated otherwise.
[Amended 11-14-2005]
STREET LINEThe legal right-of-way of a street dividing a lot from the boundary of a public street legally open or officially plotted.
[Amended 11-14-2005]
STREET, PRIVATEA thoroughfare serving not less than two nor more than three lots held in single and separate ownership and not deeded or dedicated to the Township.
[Amended 11-14-2005]
STREET, PUBLICA public thoroughfare which has been dedicated and deeded to the Township and which affords the principal means of access to the abutting property.
[Amended 11-14-2005]
STREET, SINGLE ACCESSA street which has access to an existing public road and circulation system only at one point. A single access street includes culs-de-sac, loop roads, and dead-end streets.
[Amended 11-14-2005]
STREETWALLA continuous wall formed along one or both sides of a street by the positioning of buildings in close proximity to the street edge.
[Added 6-23-2014]
STRUCTURAL ALTERATIONAny change in, or addition to, the supporting or 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 the case of a nonconforming building or other structure, would prolong the life of such building or other structure.
STRUCTURAL UNITOne or more buildings enclosed by continuous exterior walls and a continuous roof.
STRUCTUREAny form or arrangement of building materials, on or in water or land, involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements and having a permanently fixed location. Structures include, but are not limited to buildings, sheds, mobile or manufactured homes, signs, fences or walls over six feet in height, aerials and antennae, porches, platforms, tennis courts, swimming pools, tents, tanks, and towers.
STRUCTURE, TEMPORARYA structure without foundation or footings which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
SUBBASINA drainage basin is the topographic region from which a stream receives runoff through surface flow and groundwater flow. The drainage area for each of the stream’s tributaries is divided into a basic hydrologic unit termed a subbasin.
[Added 3-10-2008]
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means, into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street, easement of access or residential dwellings shall be exempted.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAs it applies to the Flood Hazard District, a substantial improvement includes any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, to an extent or amount equaling 50% or more of the market value of the structure before the start of construction of the improvement. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either of the following:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure 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.
SURFACE RUNOFFThat part of the precipitation that passes over the surface of the soil.
SUSTAINABLE WATERSHED MANAGEMENT PROGRAM AND PLANRefers to the Sustainable Watershed Management for Northern Chester County Watersheds (January 2000, or as amended), prepared by Green Valleys Association with technical assistance from Cahill Associates and Brandywine Conservancy
[Added 3-10-2008]
SWIMMING POOLAn enclosure, designed to be filled with water, permanently constructed or portable, with sides having a depth of more than 18 inches below the level of the immediate surrounding grade, or an above surface pool having a depth of more than 30 inches, designed, used, and maintained for swimming and recreation.
TELEPHONE EXCHANGE OFFICEA building and its equipment used for the transmission and exchange of telephone or radio telephone messages between subscribers and other business of a telephone company providing that in residential districts, a telephone exchange office shall not include public business facilities, storage or materials, trucks, or repair facilities, or housing of repair crews. (See also "public service facilities.")
TEMPORARY SHELTERA building or part thereof operated, without charge to the users thereof, as a temporary shelter for persons who lack fixed, regular, and/or adequate nighttime residences, operating from 10:00 p.m. through 8:00 a.m., during periods of inclement weather conditions. Such use shall only be permitted as an accessory use by special exception pursuant to §
370-36D.
[Added 12-28-2009]
TIMBER HARVESTING PLANA description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land.
[Amended 5-26-2009]
TIME OF TRAVEL (TOT)Refers to the approximated amount of time required for pollutants to move both on the surface and underground to the respective well head being regulated. Considering the North Coventry Township hydrogeology, estimated times of travel include a short-term TOT which is approximately a radius of 400 feet in Well Head Protection Zone 1, an intermediate TOT is approximately a half-mile radius for Well Head Protection Zone 2, and a long-term TOT is approximately a radius of 4,000 feet for Well Head Protection Zone 3.
[Added 3-10-2008]
TOPSThe upper portion of a felled tree not merchantable because of small size, taper or defect.
[Added 5-26-2009]
TOPSOILNatural and friable loam containing sufficient nitrogen, phosphorus, and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
TOWNSHIPThe Township of North Coventry, Chester County, Pennsylvania.
TRACTAn area of land, parcel, or property which is the subject of a development application.
TRACT AREA OR SIZE, GROSSThe total amount of land contained with the limits of the legally described property lines bounding the tract.
TRACT AREA OR SIZE, NET[Amended 2-26-2007]
A. The area of land contained within the limits of the legally described property lines bounding the tract, exclusive of any streets, rights-of-way, easements for purpose of access, stormwater management, sewer or water service or other infrastructure, and common open space, all of which presently exist or shall exist as a result of the development of such tract for the purpose and use allowed under Chapter
370, Zoning, and Chapter
320, Subdivision and Land Development, of North Coventry Township. Additionally, in determining and establishing the net tract area, exclude any area that has prohibitively steep slopes, that is in the Floodplain Conservation District, is within the Zone-One Riparian Buffer, and/or is within the wetlands, as defined by the Zoning Chapter.
B. Unless otherwise specified, where the term "tract area" or "tract size" is used in this chapter, it shall be interchangeable and construed to mean "net tract area" as defined herein.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)An area of land typically developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact and oriented toward pedestrian activity. It has an identifiable center and discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out with an interconnected network of streets and blocks that provides multiple routes from origins to destinations and is appropriately designed to serve the needs of pedestrians and vehicles equally.
[Added 6-23-2014]
TRAILA right-of-way containing a marked or beaten path, either paved or unpaved, for pedestrians, equestrian or bicycle use.
TRAILERA drawn vehicle, not self propelled, which is permitted on the highways when properly licensed.
TRANSFER STATIONA facility where municipal solid waste is delivered for the purpose of consolidating the material into larger vehicles for transport to a final disposal site or processing facility.
TRANSITIONAL HOUSINGLiving arrangements for up to five unrelated individuals that do not meet the definition of "family" or "group home." Transitional housing may include a licensed community-based facility which provides lodging, habilitative services, or meals to clients where supervision is provided seven days a week, 24 hours a day, or is staffed continuously by the provider whenever the structure is occupied.
TREE DRIPLINEThe line marking the outer edges of the branches of the tree.
TREE PROTECTION ZONEThe area radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the drip line, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees. (See Figure 9-2.)
[Amended 5-26-2009]
TURF GRASSCultivated lawn grasses capable of being mowed to form a dense matting of roots and stems, other than the native, wild grasses or weeds.
UNIFIED RESIDENTIAL DEVELOPMENTAn area of minimum contiguous size to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters and areas of permanently maintained open space.
UNIFORM CONSTRUCTION CODE (UCC)The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
[Added 9-25-2005]
USESAny purpose for which a building or other structure or tract 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.
USE, BY-RIGHTA use which is permitted in a zoning district without the need for a special exception, variance, or conditional use permit.
USE, CONDITIONALA use which is generally not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.
USE, SPECIAL EXCEPTIONA use which is not permitted as a right, but 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.
VARIANCEA 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.
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), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Added 9-11-2017 by Ord. No. 30]
WALKWAY, PUBLICAny place designed or maintained for public pedestrian use, without regard to ownership.
WAREHOUSEA building used primarily for the indoor storage of goods and materials.
WATERCOURSEA watercourse is a channel or conveyance of surface water, such as a stream, creek, or run, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this chapter, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.
WATERS OF THE COMMONWEALTHAny 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.
WATER SUPPLYA. INDIVIDUALA supply of water to a single use or dwelling from a private well located on the lot in which the use is located and which does not fall under the definition of "community water supply."
B. COMMUNITYA system for supplying water from a common source or sources to more than one dwelling and other buildings within a development. The water supply source may be located on-site or off-site and may be publicly or privately owned.
C. PUBLICA system for supplying water in sufficient quantities to more than one dwelling or other buildings of a development, which is administered by a municipal authority or by a municipality or public utility as defined and regulated by the Pennsylvania Public Utility Commission.
WATER TABLEThe upper surface of a zone of saturation, except where that surface is formed by an impermeable body.
WETLAND MARGINThe transitional area extending from the outer limit of the wetland. For the purposes of this chapter, the wetland margin shall extend 100 feet from the wetland boundary or to the limit of hydric soils or hydric soil inclusions, whichever is less. Where precautionary or prohibitive slopes are located adjacent to the wetland boundary, the wetland margin shall extend to the limit of such slopes or 100 feet, whichever is less. In no case shall the wetland margin be less than 50 feet in width. The limit of the hydric soils shall be as defined in this chapter unless reclassified by a certified soil scientist. (See also "hydric soils.")
WETLANDSThose areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.
WHOLESALE TRADEEstablishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or establishments acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WHOLESALINGA commercial activity comprising the sale of commodities in large quantities or in bulk to retailers or jobbers, rather than to consumers directly, including the warehousing, loading and unloading, and shipping of such commodities.
WOODLAND DISTURBANCEAny 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. Woodland disturbance also includes any activity which constitutes a land disturbance (exposes soils, alters topography, destroys habitat) within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See definition in Article
II for examples of invasive plants.)
[Amended 5-26-2009]
WOODLANDSA tree mass or plant community in which tree species are dominant or co-dominant and 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 1/4 acre or more, or consisting of 10 individual trees larger than six inches DBH, shall be considered a woodland. Woodlands do not include commercial horticulture enterprises, such as orchards, Christmas tree farms and commercial nurseries, which hold a valid permit from the Pennsylvania Department of Agriculture. Any area, grove or stand of trees which has been harvested in accordance with silvaculture principles and/or is the subject of a Forest Management Plan, including the forestry activities of development, cultivation, harvesting and regeneration, regardless of the current condition or density of aerial canopy shall be considered a woodland for the purpose of this chapter. When determining the extent of woodland disturbance for the purpose of calculating the applicable tree replacement standards for §
370-29B(7)(d), woodlands shall include any area where timber has been harvested within the previous 10 years and/or woodland disturbance has occurred within the previous 10 years which would have met the definition of "woodlands" prior to the timbering or disturbance.
[Amended 5-26-2009]
YARDAn open area around the inner periphery of a lot; a yard extends parallel to lot lines and street lines, and is measured as a distance perpendicular to lot and street lines.
YARD, FRONTA yard between and parallel to a street line and building setback line from which the lot has access or which abuts the lot, and extending the entire width of the lot. In the case of a corner lot, the yards extending along all streets are front yards and the remaining yards shall include a rear yard, opposite the street to which the front of the principal building is predominantly faced, and a side yard, opposite the other street.
YARD, REARA yard extending the full width of the lot along the rear lot line at a specified depth from such rear lot line.
YARD, SIDEA yard extending the full depth of the lot along a side lot line extending a specified depth from such side lot line.
ZONING, BASEThe basic system of zoning, which, under the Township Zoning Chapter, as amended, divides all land in the Township into separate, distinct zoning district classes, and sets limits and requirements for land use in each of these base zoning districts.
ZONING CHAPTERChapter
370, the Zoning Chapter of North Coventry Township, as adopted and amended from time to time.
ZONING HEARING BOARDThe Zoning Hearing Board of the Township of North Coventry, Chester County, Pennsylvania.
ZONING MAPThe official Zoning Map of North Coventry Township, as adopted and amended from time to time.
ZONING OFFICERThe officer charged with the enforcement of the provisions of the Township Zoning Chapter.
ZONING, OVERLAYRegulations which apply in addition to the base zoning of the underlying districts. Where conflicts exist between the overlay and base zoning, the most restrictive provision applies.