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West Caln Township City Zoning Code

ARTICLE II

Terminology

§ 350-200 Word usage.

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning indicated herein below, and the following shall apply:
A. 
The present tense shall include the future, the singular shall include the plural and plural the singular, the masculine gender shall include the feminine and neuter;
B. 
The word "used" shall include the words "designed, arranged, or intended to be used";
C. 
The word "person" shall include any individual, partnership, firm, association, corporation, limited liability company, or organization;
D. 
The word "occupied" shall include the words "designed, or intended to be occupied";
E. 
The word "Township" shall mean West Caln Township, Chester County, Pennsylvania;
F. 
The term "Board of Supervisors" shall mean the Board of Supervisors of West Caln Township;
G. 
The term "Zoning Hearing Board" shall mean the Zoning Hearing Board of West Caln Township; and
H. 
The word "shall" indicates a mandatory requirement.
I. 
Whenever an ordinance, statute, rule, regulation, official municipal plan or policy is referenced herein, it shall also include such ordinances, statutes, rules, regulations, official municipal plans or policies, as amended and any successor provisions.

§ 350-201 Definitions.

A. 
Undefined terms. In cases where definitions do not appear and disagreement arises as to meaning, the definition which shall govern shall be that derived from the American Heritage Dictionary of the English Language, 4th Edition (2000).
B. 
Illustrations. All illustrations referenced below are located at the end of this article. All illustrations are intended as examples only.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
A use of property, land, or buildings which is discontinued for a continuous period of 12 months absent any substantial external evidence of the intention to reestablish the use including but not necessarily limited to an insurance claim or governmental licensing proceedings.
ACCESSORY STRUCTURE
See "structure, accessory."
ACCESSORY USE
See "use, accessory."
ACCESSWAY
A means of providing ingress and egress to an area such as a driveway, sidewalk, pedestrian/bike path, trail or other similar facility.
ACRE
A unit of area equal to 43,560 contiguous square feet.
ACT 247
The "Pennsylvania Municipalities Planning Code", Act 247 of 1968 (53 P.S. § 10101 et seq.).
ADAPTIVE REUSE
The development of a new activity for a building originally designed or used for another purpose (see Figure 2-A).
ADULT COMMERCIAL USE
Adult commercial uses shall include the following:
(1) 
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 media 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.
(2) 
Adult entertainment establishments such as cabarets, nightclubs, movie theaters, bars, any entertainment for adults such as over-twenty-one clubs with a live band or similar establishments, providing or with an emphasis on live or media entertainment of a sexual or erotic nature.
(3) 
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, displaying or performing sexual or erotic activities.
AGRICULTURAL ACCESSORY DWELLING UNIT
A residential dwelling unit that has been added onto, or created within, a single-family home or accessory structure, e.g., in a barn, and located on an agricultural use within the AP District.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of the resulting crops, livestock and livestock products, including canneries, tanneries, and slaughterhouses, and in the production, harvesting and preparation for market or use of the resulting agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL-RELATED BUSINESS
A business related to or supporting agricultural activities.
AGRICULTURE/FARM
The cultivation of soil and the raising and harvesting of products of the soil, including nurseries, horticulture, commercial greenhouses, forestry, dairy farming, and the raising of livestock, horses, and poultry not to exceed a combined total of 1,000 pounds per acre, or one animal equivalency unit (AEU) per acre, but excluding intensive agriculture.
AGRICULTURE/FARM, INTENSIVE
Agricultural uses involving the processing or production of agricultural products with a certain density which meet either the Environmental Protection Agency's definition for Concentrated Animal Feeding Operations (CAFOs) or the Commonwealth of Pennsylvania's definition for Concentrated Animal Operations (CAOs) depending upon which type of operation is in place or a mushroom production facility, composting facility, slaughterhouse, tannery, rendering operation, commercial piggeries or similar facilities.
ALLEY
A minor way primarily for vehicular service access to the rear or side of two or more properties otherwise abutting a street.
AMUSEMENT PARK
A tract or area of land used principally as a location for permanent amusement structures or rides.
ANIMAL EQUIVALENCY UNIT (AEU)
One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. [Pa. Code § 83.201[1]]
ANIMAL EQUIVALENCY UNIT (AEU) PER ACRE
An animal equivalent unit per acre of cropland or acre of land suitable for application of animal manure. [Pa. Code § 83.201]
ANIMAL SHELTER
The 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. For larger animals, usually kept in agricultural operations or used for processing food products, including but not limited to, horses, cattle, lamas, and emus, a use shall become an Animal Shelter when it reaches a greater threshold than as provided in § 350-1212, Keeping of animals, of this chapter. Animal shelters shall be operated in accordance with procedures accepted by animal rights groups such as the Large Animal Protection Society (LAPS) and the Society for the Prevention of Cruelty to Animals (SPCA) and the applicable state laws concerning cruelty to animals.
ANTENNA HEIGHT
The 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 SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of frequency, signals or energy.
ANTENNA, COMMERCIAL COMMUNICATIONS
A structure that includes a transmitting, receiving, or relay tower, communication equipment and antenna, and support structures and accessory buildings or structures and related equipment that is licensed by the Federal Communications Commission (FCC) for the specified purpose of television, radio, or telephone communication beyond that which would be used for normal personal or residential use. Such uses shall include a digital, cellular, television, radio, microwave tower, wireless internet, or similar technology.
ANTENNA, MICROWAVE DISH
A 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 TELEVISION
A 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 broadcasting or communication purposes. Such devices shall include ham and citizens band radio antennae used by amateur radio operators.
APARTMENT
See "dwelling."
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his agents, heirs, executors, administrators, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative 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, or the approval of a subdivision plot or plan or for the approval of a development plan.
AQUIFER
A geologic formation, group of formations, or part of a formation that contains sufficient saturated, permeable material to yield useful quantities of groundwater to wells and springs.
AREA AND BULK REGULATIONS
Standards that control the height, density, intensity and location of structures, including, but not limited to setbacks or yard requirements.
AUTHORITY
A body politic (political body) and corporate (corporate policy) created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945.[2]
AUTOMOTIVE REPAIR FACILITIES
Establishments engaged in furnishing automotive repair services to the general public and which may include painting, body and fender shops, and customizing and auto detailing.
AUTOMOTIVE SERVICE
See "gasoline station," "service station," or "car wash."
AUTOMOTIVE/RECREATIONAL EQUIPMENT SALES
The use of any building, land area, or other premise for the display and sale or rental of new or used automobiles, panel trucks, vans, recreational vehicles, recreational equipment, or automotive equipment. This shall be interpreted to include auto accessory sales but not the sale of junked automobiles or parts thereof.
AWNING
A permanent roof-like structure, supported by a wall of a building generally above an entrance or window, but having no relationship to the building's roof, generally designed and constructed for protection against the weather.
BANK or FINANCIAL INSTITUTION
Any building wherein the primary occupation or use is concerned with such businesses as banking, savings and loan associations, credit unions, loan companies, mortgage companies, investment companies, or freestanding money access machines.[3]
BASEMENT
A basement is an enclosed area of a building partly or completely below grade which shall be considered a building story if the height of any of the perimeter walls is six feet or more above grade.
BED-AND-BREAKFAST
A single-family detached dwelling 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 dining facilities, limited to the serving of breakfast.
BEST MANAGEMENT PRACTICES (BMPS)
Methods, measures or practices to prevent or reduce surface runoff and/or water pollution, including but not limited to, structural and nonstructural controls, operation and maintenance procedures, other requirements and scheduling and distribution of activities.
BIOTIC DIVERSITY
In general terms, it is the variety of plants and animals in a given habitat, or the variety of features found in a given population of one type of plant or animal. More technically it is the variety of species, the genetic variation within them, and the spectrum of ecological communities in which they occur. It is the sum total of compositional, structural and functional diversity of genes, species, and ecological communities. It can be described on a continuum of spatial and temporal scales; from local to global; from days to millennia.
BLOCK
A parcel of land bounded on all sides by any combination of streets, public park, railroad right-of-way, the corporate boundaries of West Caln Township, or any other barrier to the continuity of development. (See Figure 2-B)
BOARD OF SUPERVISORS
Board of Supervisors of West Caln Township.
BUFFER AREA
A strip of land adjacent to the lot line that separates incompatible uses where a visible separation is to be established.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be manufactured homes and mobile homes to be used for human habitation.
BUILDING COVERAGE
The relation of the total ground floor area of all buildings on a lot to the total area of the lot on which they are located; the percentage of the lot area covered by buildings. The total ground floor area shall be measured from the outside face of outside walls. Significant second floor overhangs of 16 square feet or larger shall be included in the building coverage calculation. (See Figure 2-E)
BUILDING FRONT FACADE
The lineal footage of a building face, which serves as the principal approach to a store or building and which building face fronts a public street, shopping center, driveway or pedestrian walkway.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the finished grade surrounding the building to the point midway between the highest and lowest points of a sloped roof or measured from the highest flat surface of a flat roof, excluding signs, chimneys, parapets and/or mechanical equipment above the roof, such as stair or elevator penthouse and water towers and other items in § 350-1201G of this chapter. (See Figure 2-C).
BUILDING PERMIT
An approval statement signed by the Zoning Officer or other authorized officer of the Township authorizing the construction, alteration, reconstruction, or restoration of all or a part of any building within the Township.
BUILDING SETBACK LINE
The line which establishes the minimum depth of the particular yard in question, for the particular district, as measured from the applicable lot line (see Figure 2-E).
BUILDING, ACCESSORY
A building (such as a private garage, private swimming pool and appurtenant bathhouse, private toolhouse or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is situated.
BURDEN OF PROOF
The necessity or duty of affirmatively producing and proving a fact or facts in dispute on an issue raised between the parties in a cause. The obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
CALIPER
The diameter of a tree trunk measured at a point six inches above ground level.
CAMPGROUND
A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.
CARTWAY
The surface of a street or alley available for vehicular traffic (see Figure 2-E).
CEMETERY
Land used or intended to be used for the burial of deceased persons or animals, including columbariums (burial of ashes), mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries of the cemetery or adjacent tracts.
CERTIFICATE OF USE AND OCCUPANCY
A certificate issued and enforced by the Building/Zoning Officer or other authorized officer of the Township upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies compliance with all requirements and regulations as provided herein and with all other requirements herein incorporated by reference.
CLASS I, CLASS II, AND CLASS III AGRICULTURAL SOILS
Prime agricultural soil classifications established by the United States Department of Agriculture as Agricultural Capability Units I, II, and III, as amended. The following prime agricultural soils are located within West Caln Township:
Soil Name
Soil Symbol
Bedford Silt Loam
BdB2
Brandywine Loam
BrB2
Chester Silt Loam
1 CbA, 1 CbB, CdA, CdA2, CdB, CdB2, CdC2
Cewacla Silt Loam
Ch
Conowingo Silt Loam
CoB2
Duffield Silt Loam
1DbA, 1DbB
Edgemont Channery Loam
EcB, EcB2, EcC, EcC2
Glenelg Channery Silt Loam
GeA, GeA2, GeB, GeB2, GeB3, GeC, GeC2, 1GbC
Glenville Silt Loam
1 GdB, GnA, GnB, GnB2, GnC2
Lindside Silt Loam
1Ln
Manor Loam
MgB2, MgC2
Manor Silt Loam
1MaC
Montalto Channery Silt Loam
MoB2, MoC2
Neshaminy Gravelly Silt Loam
NaA, NaB2, NaC2
Wehadkee Silt Loam
We
Source: Soil Survey Geographic Database for Chester County, Pennsylvania, United States Department of Agriculture, Natural Resources Conservation Service, 1997.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined as lines of sight between points at a given distance from the intersection of the street rights-of-way, cartways, or center lines (see Figure 2-D).
CLEAR-CUTTING
The removal of all trees and other vegetation on a site, or a portion of a site, not otherwise permitted under the terms of this chapter.
CLUB or LODGE
A club catering exclusively to members and their guests, or premises or buildings for dining, social, recreational and administrative purposes, provided there are no vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, social clubs, and athletic clubs.
CLUSTER DEVELOPMENT
An arrangement of residential structures that allows for grouping the structures by reducing lot area and yard requirements and incorporating the remaining area as open space (see Figure 2-F).
COLUMBARIUM
An indoor or outdoor facility for the burial of cremated remains.
COMMERCIAL COMMUNICATIONS FACILITY
Any communications antenna or communications tower, as defined herein, which is operated by any person, agency or corporation, or other entity, including a public utility regulated by the Public Utilities Commission (PUC) or any agency or franchise of West Caln Township, or any police, fire, emergency medical or emergency management agency, but not to include satellite dish antennae, defined as parabolic dishes designed for "receive only" viewing of satellite programs for private viewing, or radio and television antenna defined as freestanding or building-mounted antennae located on residential property designed to enhance radio or television reception for the residents of the dwelling.
COMMERCIAL USE
A use of land, or improvements thereto, for the purpose or engaging in retail, wholesale, or service for profit.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site, designed and intended for the use or enjoyment of the residents of a development, not including streets, off-street parking areas, yards and areas set aside for public facilities.
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building, designed to support one or more communications antennae, including, but not limited to self-supporting lattice towers, monopole towers, guyed towers, or one or more of the following mounts for antennae: rotatable platform, fixed platform, multi-point, side arm, and pipe mounts for microwave dishes. The term includes radio and television towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
[Amended 9-25-2006 by Ord. No. 55]
COMPOST
Decomposed organic material.
COMPOSTING
A controlled process of degrading organic matter by microorganisms.
COMPOSTING, AGRICULTURAL
The compost produced is intended primarily for use on the premises where it is prepared.
COMPOSTING, COMMERCIAL
A composting operation where the compost produced is not intended primarily for use on the premises where it is prepared or on premises owned by the same owner.
COMPREHENSIVE PLAN
A long-range policy plan intended to guide the growth and development of West Caln Township and adopted as the West Caln Township Comprehensive Plan (1998) by the Board of Supervisors.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
Agricultural operation with more than 1,000 animal equivalency units (AEUs); agricultural operation with animals with a discharge to surface waters during a storm event of less than twenty-five-year/twenty-four-hour storm; or a CAO with greater than 300 animal equivalency units (AEUs). [25 Pa. Code § 92a.2]
CONCENTRATED ANIMAL OPERATION (CAO)
Agricultural operations where the animal density exceeds two animal equivalency units (AEUs) per acre on an annualized basis. [Pa. Code § 83.201].
CONDITIONAL USE
See "use, conditional."
CONDOMINIUM
A form of ownership of real property including an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980 (68 Pa.C.S.A §§ 3101 through 3404).
CONSTRUCTION
The erection, rebuilding, renovation, repair, extension, expansion, alteration, demolition, or relocation of a building or structure, including the placement of mobile homes.
CONVENIENCE STORE
A retail activity designed to serve a local market which involves, but is not limited to, any of the following uses: delicatessen, small food market, or video tape rental.
CONVENTIONAL DEVELOPMENT
Individual residential lots that encompass the entire development tract or area without retaining common open space associated with Cluster Development (see Figure 2-F).
CONVERSION
An alteration of a building, structure or land by change of use, theretofore existing, to a new use which imposes other special provisions of a law governing building construction, equipment, exits, or zoning regulations.
CONVERSION, RESIDENTIAL
The division of a single family detached dwelling into two or more dwelling units. For example, the conversion of a single-family home to two or more apartments.
COUNTY COMPREHENSIVE PLAN
A land use and growth management plan adopted by the Chester County Board of Commissioners, which establishes broad goals and criteria for municipalities to use in preparation of their Comprehensive Plans and land use regulations - Landscapes Policy Plan.
DAY-CARE CENTER (COMMERCIAL OR NONPROFIT)
(1) 
ADULT DAY-CARE CENTERA commercial or nonprofit facility where daytime supervision is provided for adults not related to the caregiver, where tuition, fees, or other forms of compensation may be charged, and where the facility is not being used as a family residence.
(2) 
CHILD DAY-CARE CENTERA commercial or nonprofit facility which exclusively provides supplemental parental care and/or instruction to children not related to the caregiver or operator, where tuition, fees, or other forms of compensation may be charged, where the facility is not being used as a family residence, and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
DAY CARE HOME, FAMILY
A major home occupation in which a private residence is used for the care and supervision of between four and six children or adults, not related to the caregiver.
DCED
Pennsylvania Department of Community and Economic Development.
DEMOLITION
The dismantling or tearing down of all or part of the exterior portion of a building or structure.
DEMOLITION PERMIT
A permit issued indicating that an applicant may proceed with demolition in accordance with the provisions of this chapter.
DENSITY
The total land area of a tract, as defined by this chapter, divided by the total number of dwellings to be housed thereon, expressed in dwelling units (DU) per acre.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
Pennsylvania Department of Environmental Protection or its successors.
DETERMINATION
Any final action of the Building/Zoning Officer, Township Engineer, Board of Supervisors, Planning Commission or other authorized Township officer constituting a final approval or disapproval with conditions of any application for a building permit or use permit or a decision relative to the provisions of this chapter, as specified within.
DEVELOPER
Any landowner, agent of such landowner, tenant with the permission of such landowner, or equitable owner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to 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 PLAN
The provisions for development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, public facilities, and other utilities.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree trunk, measured at four feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
DISCONTINUANCE
The cessation of the use of property evident from continuous lack of maintenance or occupancy.
DISTRICT
See "zoning, district."
DRIVE-THROUGH SERVICE
A restaurant, bank, drugstore or other use that 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.
DRIVEWAY
A private roadway providing access to a street.
DWELLING
Any 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, bed-and-breakfast, 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:
(1) 
SINGLE-FAMILY DETACHED DWELLINGA 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 (see Figure 2-G).
(2) 
SINGLE-FAMILY SEMI-DETACHED DWELLING (TWIN)A building designed for and occupied exclusively as a residence, containing two dwelling units separated by a vertical common or party wall extending from ground to roof and having yards on all but one side. (See Figure 2-G)
(3) 
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building designed for and occupied exclusively as a residence, containing two single-family dwelling units totally separated from each other by a horizontal party wall (see Figure 2-G).
(4) 
MULTIFAMILY DWELLINGA residential building containing three or more dwelling units, each with independent kitchen, bathroom and bedroom facilities including, but not limited to, the following:
(a) 
Townhouse (single-family attached dwelling). A building containing at least three dwelling units separated by a vertical common party wall, each one dwelling unit from ground to roof, independent outside access, having yards on two sides except dwelling units at either end of the building with yards on three sides (see Figure 2-G).
(b) 
Four-plex or quadraplex. A building containing four dwelling units, each of which has independent inside access through a common area or independent outside access, two nonparallel party walls in common with adjacent dwelling units, and yards on two nonparallel sides (see Figure 2-G).
(c) 
Apartment. A building containing three or more dwelling units separated by common party walls which may have more than one dwelling unit from ground to roof and common outside access(es) (see Figure 2-G).
DWELLING UNIT
A single living space for one family, excluding individual rental units in a motel, rooming house, tourist homes, institutional home, dormitory, and the like.
EASEMENT
An interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.
EDUCATIONAL USE
Use 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. A use requiring certification, licensing, or review by the Pennsylvania Department of Education.
EFFECTIVE DATE OF THIS CHAPTER
The effective date of this chapter is five days after its adoption, except that with respect to the subject matter of any amendment, the effective date of this chapter shall mean five days after the date upon which the particular amendment was adopted.
EFFECTIVE SCREEN (BUFFER SCREEN)
Planting of deciduous and evergreen trees and shrubs not less than five feet in initial height and capable of attaining a height and width of not less than 10 feet wherein not less than 50% of the plants shall be evergreen mixed throughout the length of such screen, so arranged or placed as to divert attention from, or obstruct at least 85% of an otherwise clear view of, an objectionable or incompatible use or activity during all seasons of the year. A wall or fence in combination with the aforementioned plantings may be used as an effective screen where required for parking and loading areas. The Effective Screen shall be in accordance with plans and specifications prepared by a Registered Landscape Architect and shall be compatible with the landscaping on the lot and approved by the Township Building/Zoning Officer.
ELECTRICAL SUBSTATION
Buildings or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the Utility Company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being appropriately planted or screened to blend the installation with the surrounding landscape.
ESSENTIALLY DRY SPACE
A 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.
EXOTIC PLANT SPECIES
Also called "non-native species," are plants that are not native to the United States but have become naturalized and reproduce in the wild without human intervention. Species that are not native to a region within the United States are also regarded as exotic.
FAMILY
A family is defined as:
(1) 
A single person; or
(2) 
Any number of persons related by blood, marriage or adoption, including foster children and including not more than two other persons, for example, boarders, lodgers or domestic help; or
(3) 
Unrelated persons living together as a single cooperative household unit, however, excluding occupants of a rooming/boarding house or dormitory; or
(4) 
A group of individuals with disabilities living together as the functional equivalent of a family and entitled to a reasonable accommodation to allow them adequate housing choices pursuant to the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. § 601 et. seq.) and the Pennsylvania Human Relations Act (43 P.S. §§ 951 through 963). The Building/Zoning Officer shall have the authority to determine whether a group of individuals is living together as the functional equivalent of a family for purposes of this section.
FEE SIMPLE
A private property land right, also referred to as fee simple absolute, whereby a property owner is entitled to the entire property and unlimited as to duration, disposition and descendibility.
FEMA
Federal Emergency Management Agency.
FILL
Material, exclusive of structures, placed or deposited to form an embankment or to raise the surface elevation of the land. Clean fill shall be defined by standards set forth by the Pennsylvania Department of Environmental Protection (PaDEP).
FLAG LOT
An interior lot, which is connected to a public street, highway or public right-of way by a minimum thirty-five-foot wide strip of land connecting the main portion of the lot with the aforesaid public street, highway of public right-of-way. The connecting strip of the lot shall be in fee simple ownership and may not be used for measuring the building setback line and may not be counted as part of the minimum lot area required under this chapter. Easements may be used as a substitute for the required fee simple ownership of the access strip, as approved by the Board of Supervisors. The front building setback line shall be measured from the front lot line which shall be the lot line most parallel and closest to the street right-of-way at the nearest point to the right-of-way where the lot attains substantially the minimum required lot width, and excluding that portion of the lot and lot lines included in the flag strip. Flag lots shall also meet regulations of this chapter and Chapter 300, Subdivision and Land Development. (See Figure 2-B)[4]
[Amended 11-12-2007 by Ord. No. 3-07]
FLOOR AREA or GROSS FLOOR AREA
The total area of all floors as measured to the outside surfaces of exterior walls, or from the center line of party walls separating two buildings, but excluding crawl spaces, garages, carports, attics without floors, open porches, terraces, cellars, or any interior space where the floor to ceiling height is less than six feet.
FOOTCANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, aka light meter.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
FRONTAGE
The length of a front lot line coinciding with a street line.
GARAGE, PARKING
An accessory structure to a principal building, either attached to it or separate, or part of the principal building and used only for parking or storage of motor vehicles and not for the commercial repair or maintenance of motor vehicles.
GARAGE/YARD SALE
An accessory use for the temporary display and sale of goods and craft items on a residentially used property.
GASOLINE STATION, SERVICE STATION, or CAR WASH
An area of land, including structures thereon, or any building or part thereof, used for the retail sale of motor vehicle fuel or accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing or repairing motor vehicles as well as the sale of convenience store items, but which shall not include painting or body and fender repairs, or the storage for sale of new or used motor vehicles.
GLARE
The sensation of brightness within the visual field that causes an annoyance, discomfort, or loss in visual performance, visibility, and/or the ability to focus to the eye.
GRADE
A reference plane representing the average of finished ground level adjoining a building at exterior walls or other structure, such as, but not limited to, a sign or swimming pool. Where the finished ground level slopes away from the exterior walls of a building or base of a structure, the reference plane shall be established by the lowest points six feet from the building, or two feet from the base of a structure, whichever is more restrictive.
GRADING
The changing of the surface of the ground by excavation or fill or a combination thereof; the act of moving earth.
GREENHOUSE, COMMERCIAL
A 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 plants for subsequent sale.
GROSS LEASABLE AREA
The floor area of a building or structure which is used for or related to a business or use conducted within the building or structure, including all customer and sales areas, lavatory areas, individual business corridors, and offices and related accessory space such as office closets and kitchens, but excluding areas used to keep stock and inventory, basement storage areas, elevator shafts, stairwells, first floor lobby and other shared public corridors, and areas dedicated to heating, air conditioning, and other utility or equipment areas necessary for building operation. The combined excluded area shall not exceed 1,000 square feet.
GROUND FLOOR
The floor of a building most nearly on a level with the surrounding land surface; often called also the first floor.
GROUNDWATER
The supply of water contained in interconnected pores located below the water table in an aquifer or geologic formation that forms the natural reservoir for potable water. Groundwater sources include: infiltration of precipitation, streams, lakes, or other water sources.
GROUNDWATER RECHARGE
The replenishment of water, contained in interconnected pores located below the water table in an aquifer or geologic formation, from the infiltration of precipitation, streams, lakes, or other water sources.
HEDGEROW
A hedgerow is a linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, 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.
HISTORIC RESOURCE
Any building, structure, or site that is:
(1) 
Listed individually on the National Register of Historic Places (managed by the Pennsylvania Historical and Museum Commission (PHMC) in Pennsylvania, and maintained by the National Park Service, Department of the Interior);
(2) 
Determined by the National Park Service, Department of the Interior or PHMC respectively to be a contributing property to the significance of a National Register listed or eligible historic district;
(3) 
Determined to be eligible (DOE) for listing either individually or as part of a historic district on the National Register of Historic Places by the Pennsylvania Historical Museum Commission (PHMC); or
(4) 
Listed on the West Caln Township Historic Sites Survey.
HOME OCCUPATION/HOME-BASED BUSINESS (MAJOR AND MINOR/NO-IMPACT)
A business or commercial activity conducted for profit by persons residing on the premises that is clearly secondary to the existing primary residential use of the property. There shall be two categories of home occupations/home-based businesses: major and minor/no-impact. For the purposes of this chapter, the general term "home occupation" shall include "home-based business", and the term "minor home occupation" shall include "no-impact home based business", and likewise the term "major home occupation" shall include "major home based business". Such uses shall be permitted when in accordance with the following standards:
(1) 
MINOR HOME OCCUPATION/NO-IMPACT HOME-BASED BUSINESSMinor home occupations shall meet the following requirements:
(a) 
The business activity shall be compatible with the residential use of the property and surrounding uses.
(b) 
The use is carried on entirely by the inhabitants of the dwelling, and shall employ no employees other than family members residing in the dwelling.
(c) 
The use does not involve any customer, client, or patient visits, whether vehicular or pedestrian, to the dwelling.
(d) 
Such use involves no pickup, delivery, or removal functions to or from the premises in excess of those normally associated with the residential use.
(e) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(f) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(g) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(h) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(i) 
The business activity shall only be conducted within the dwelling and the floor area devoted to such use shall not exceed 20% of the total floor area of the principal residential structure.
(j) 
Such business use shall not involve any illegal activity.
(2) 
MAJOR HOME OCCUPATION/MAJOR HOME-BASED BUSINESSA home occupation that does not meet one or more of the criteria listed under Subsection (1) of the definition of "home occupation/home-based business (major and minor/no-impact)" above shall be defined as a major home occupation/major home-based business. Major home occupations shall be permitted only by special exception in those zoning districts where major home occupations are permitted and where applicable criteria of this chapter can be met.
HOMEOWNERS' ASSOCIATION
A non profit 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.
HOTEL/MOTEL
A building used for the purpose of providing for compensation temporary lodging to the public, with or without meals, and having lodging accommodations in which access to guest rooms is from an interior lobby, corridor, or hallway accessed through a common entrance, or access to guest rooms may be from the exterior through individual exterior entrances by way of a common walkway or corridor.
HOTEL/MOTEL AND CONFERENCE FACILITY
A facility designed primarily for conventions, meetings, and related exhibits of business associations, civic groups, and similar organizations, or for training employees of a corporation or other organization and which may include meals and lodging to attendees of meetings, conferences, or conventions.
HOUSE TRAILER
Any vehicle used for temporary living or sleeping purposes for transient use.
HOUSEHOLD PETS
Domesticated animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasures of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.
HYDRIC SOIL
(1) 
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. Wetlands vegetation includes those plant species that have adapted to saturated soils and periodic inundations occurring in wetlands and/or 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 (most current data available) or other information provided by the U.S. Natural Resources Conservation Service (NRCS). In West Caln Township, hydric soils shall include, but are not limited to:
Hydric Soils
Soils with Hydric Inclusions
Wehadkee Silt Loam (We)
Chewacla (Ch)
Worsham Silt Loam (WoA, WoB, WoB2, WoC2)
Congaree (Cn)
Glenville Silt Loam (GnA, GnB, GnB2, GnC2)
Glenville Very Stony Silt Loam (GsB)
(2) 
Where site conditions indicate that the location of hydric soils or the hydric inclusions differ from locations indicated by the Natural Resources Conservation Service, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the Natural Resources Conservation Service 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 or licensed soil scientist or other similarly qualified professional.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being inundated by the 100-year flood.
[Added 9-25-2006 by Ord. No. 55]
IMPERVIOUS COVER
Land that is occupied by principal and accessory structures, streets, driveways, parking areas and other similar surfaces that prohibit or slow the percolation and infiltration of water into the soil.
INDUSTRIAL PARK
A grouping of two or more industrial establishments on a lot held in single and separate ownership.
INSTITUTIONAL USE
A lawful nonprofit or public establishment involving building and grounds, including but not limited to schools, museums, places of worship, convents, retreats, and nursing homes.
INVASIVE (NOXIOUS) PLANT SPECIES
A species that has become a weed pest, a plant that grows aggressively, spreads, and displaces other plants. Invasive plants tend to appear on disturbed ground, and the most aggressive can actually invade existing ecosystems. Invasive plants are generally undesirable because they are difficult to control, can escape from cultivation, and can dominate areas. In short, invasive plant infestations can be extremely expensive to control, as well as environmentally destructive. They can be native or exotic species. A list of invasive plant species is included in Appendix A.
JUNKYARD
An area of land with or without buildings used for storage of used and discarded materials, including but not limited to, wastepaper, rags, metal building materials, home furnishings, machinery, vehicles or parts thereof, with or without the dismantling processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, is considered a junkyard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
KENNEL
The use of land, building, or structure where eight or more cats or dogs or a combination thereof totaling more than eight animals, 10 weeks of age or older are kept for remuneration for boarding, grooming, breeding, training and/or selling purposes on a single lot or contiguous lots under single ownership or lease.
LABORATORY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale. Research on animals in West Caln Township is highly discouraged, and any such research shall be performed in accordance with applicable federal and state laws.
LAND DEVELOPMENT
Any one of the following activities:
(1) 
The improvement of one or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.
(2) 
A subdivision of land.
(3) 
A land development shall explicitly exclude:
(a) 
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;
(b) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal use, where permitted; or
(c) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park, however 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 Township (see "amusement park").
LAND DISTURBANCE
Any activity which exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive vegetation. See "woodland disturbance."
LANDOWNER
The legal, equitable, 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 conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LANDSCAPING
The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, including the maintenance thereof, for control of erosion, retention of precipitation, protection against the elements, and promotion of human comfort and welfare.
LIFE CARE FACILITY
A form of residential use designed and operated for mature adults containing certain support facilities which could include a combination of a senior center, independent living, personal care, and/or acute care.
LIVESTOCK
Animals of any size kept or raised for agricultural purposes. This includes, but is not limited to: cattle, sheep, hogs, goats, horses, poultry, furbearers, and fish.
LOADING SPACE
A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A parcel of land which is occupied or is to be occupied by one principal.
LOT AREA or TRACT AREA
For the purposes of this chapter, the area of land contained within the limits of the property lines bounding a lot or tract, as shown on a deed, survey, plot, subdivision or land development plan, excluding any portion of a lot included in street and railroad rights-of-way, utility easements, stormwater management areas, and access easements.
LOT AREA OR TRACT AREA, GROSS
The entire area of a lot or tract.
LOT AREA OR TRACT AREA, NET
The area of a lot or tract exclusive of:
(1) 
Any existing right-of-way or area that has been set aside as right-of-way or easement for a public or private street;
(2) 
Any existing area comprising drainage or stormwater management easements or other utility easements;
(3) 
Any existing water body or watercourse; or
(4) 
An area equivalent to 75% of any portion of a tract comprised of one or more of the following as defined in this chapter:
(a) 
Any area within the floodplain;
(b) 
Any area containing wetlands as identified on the National Wetlands Inventory; or
(c) 
Any area of very steep slope.
LOT COVERAGE
The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces which do not normally absorb rainfall.
LOT LINE
A property boundary line of any lot held in single and separate ownership, or intended to be held in single and separate ownership, except that, in the case of any lot abutting the street, the lot line for such portion of the lot that abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street or any other line within the street lines even though such may be the property boundary line in a deed.
LOT LINE, FRONT
The lot line abutting a street and coinciding with the street line, and in the case of a corner lot, two such front lot lines shall be provided.
LOT LINE, REAR
A 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 distance from the front lot line (see Figure 2-E).
LOT LINE, SIDE
Any lot line not a front or rear lot line (see Figure 2-E).
LOT WIDTH
The distance, in feet, between the two opposite side lot lines, measured at and parallel to the building setback line (see Figure 2-E).[5]
LOT, CORNER
A lot at the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines within the street lines intersect at an interior angle of less than 135°. Each yard abutting a street shall be considered a front yard, and the remaining yards shall include a rear yard, opposite the street to which the United States Postal Service (USPS) mailing address is assigned, and a side yard, the remaining yard opposite the other street (see Figure 2-B).
LOT, DOUBLE FRONTAGE
A lot extending between and having frontage on two generally parallel streets.
LOT, REVERSE FRONTAGE
Lots which are situated between two generally parallel streets, but provide vehicular access solely from the street with the lesser road functional classification, as specified in the Township Comprehensive Plan.
MANUFACTURED HOUSING UNIT
See "modular housing unit."
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, creation of products, and blending of materials, such as, but not limited to, lubricating oils, plastics, resins, or liquid.
MANURE
Animal excrement used for fertilizing land.
MARQUEE or CANOPY
A permanent roof-like structure, supported by a wall of a building generally above an entrance but having no relationship to the roof structure in the case of a marquee, or supported by freestanding pylon as in the case of an outdoor service or retail area, generally designed and constructed for protection against the weather in the case of a canopy.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MITIGATION
(1) 
An action undertaken to accomplish one or more of the following:
(a) 
Avoid and minimize impacts by limiting the degree or magnitude of the actions and its implementation.
(b) 
Rectify the impact by repairing, rehabilitating, or restoring the impacted environment.
(c) 
Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
(2) 
If the impact cannot be eliminated by Subsection (1)(a), (b) and/or (c) above, the impact shall be compensated for by the project or by providing substitute resources or environments.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
[Added 9-25-2006 by Ord. No. 55]
MIXED USE
The use of a building or a lot for two or more principal uses.
MOBILE HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use as a single-family dwelling 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.
[Amended 9-25-2006 by Ord. No. 55]
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODULAR HOUSING UNIT
A modular (manufactured, fabricated) housing unit is considered to be a single family detached residential dwelling provided that said unit shall be factory certified by BOCA (Building Officials and Code Administrators International, Inc.) or other applicable industry standards, and is assembled in part via factory sections being combined at the site and intended to be permanent and nontransportable.
MULTIFAMILY DEVELOPMENT
A building containing three or more dwelling units, including units that are located one over the other. Multifamily buildings include apartments, townhouses, condominiums, and quadraplexes.
MULTIMUNICIPAL PLAN
A plan developed and adopted by any number of contiguous municipalities, including a joint municipal plan as authorized by Act 247.
MUNICIPAL AUTHORITY
See "authority, municipal."
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed each year as the engineer for West Caln Township.
MUNICIPAL USE
Any building, structure, facility, complex, area, or use, provided, constructed, or maintained by the municipal government of West Caln Township, Chester County, Pennsylvania.
MUSHROOM PRODUCTION
A specialized form of agriculture involving the raising and harvesting of mushrooms, carried on inside buildings, including accessory operations such as, but not limited to, composting, pasteurization, packaging and shipping.
NATIVE PLANT SPECIES
A species of plant that currently or previously inhabited or grew in a specified location, and which was not introduced to that location as a result of human activity, either intentional or accidental. The term "native" species generally refers to a species whose range was located within a large area such as a continent or a nation. The term "indigenous" species is typically used to refer to a species whose original range extended into a smaller area such as a state, county, or watershed.
NATURAL RESOURCES
For the purposes of this chapter, these include water bodies, watercourses, floodplains, alluvial soils, wetlands, hydric soils, moderately steep and very steep slopes, riparian forest buffers, Class I, II, and III agricultural soils, woodlands, hedgerows, and specimen vegetation.
NET-OUT OF NATURAL RESOURCES
The technique in which natural resources and other unusable areas of a lot or tract are subtracted out of the gross lot area or gross tract area prior to the determination of density or allowable number of dwelling units.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after September 5, 1978 and includes any subsequent improvements thereto.
[Added 9-25-2006 by Ord. No. 55]
NONCONFORMING LOT
A lot, the area or yard/setback of which fails to conform to the applicable requirements of the zoning district of this chapter in which it is located or any amendment hereafter enacted, where such lot was lawful prior to the enactment of such chapter or subsequent amendments.
NONCONFORMING STRUCTURE
A structure or part of a structure, which does not comply with the applicable provisions of this chapter or any amendment hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or subsequent amendments. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter or any amendment hereafter enacted, where such use lawfully existed prior to the enactment of such chapter or subsequent amendments.
NONCONFORMITY
A building or other structure, use or lot which by reason of design, size or use, does not comply with the applicable use or area and bulk requirements of this chapter or amendment thereto, hereafter enacted where such nonconformity was lawfully in existence prior to the application of such chapter or amendment to its location by reason of annexation.
NONFARM OR NONAGRICULTURAL TRACT OR LOT
A tract or lot within the Agricultural Preservation District containing less than 10 acres, and containing one or more dwelling units or devoted to uses other than agricultural or residential.
NOXIOUS WEED
See "invasive plant species."
NURSING HOME or CONVALESCENT HOME
A facility providing housing and care of persons in need of specialized care and attention, bed care, or chronic or convalescent care who, by reasons of illness, physical infirmity or age, are unable to properly care for themselves, but which does not necessarily meet hospital level of services.
OLDFIELD
An area undergoing natural succession characterized by the presence of herbs, shrubs, and small trees (seedlings) whose branches do not form a complete or nearly complete canopy.
OPEN SPACE
The unoccupied area of a lot. Open space does not include the areas of principal and accessory structures, streets, driveways, or parking areas. Open space may include areas occupied by walkways, common use patios and porches without roofs, playgrounds and other areas occupied by outdoor recreation or play apparatus, gardens, and trees within the common open space area.
OPEN SPACE, COMMON
See "common open space."
OUTDOOR CAFE
An outdoor patio area of an associated restaurant or tavern used for the express purpose of furnishing food and beverages to the public to be consumed on the premises, and directly abutting and on the same lot as the principal building in which the associated restaurant or tavern licensed by the Chester County Health Department and/or, as applicable, by the Pennsylvania Liquor Control Board pursuant to the regulations of the said Board (40 Pa. Code) to conduct business on the above-mentioned premises is located.
PADEP
Pennsylvania Department of Environmental Protection, or its successors.
PARAPET
The extension of the main walls of a building above the roof level.
PARCEL
See "lot."
PARENT AGRICULTURAL TRACT
A tract of land containing at least 10 acres devoted to agricultural uses, together with a dwelling and accessory uses, located in the Agricultural Preservation District on the effective date of this chapter, and held in single and separate ownership.
PARENT TRACT
A contiguous tract of land containing at least 10 acres located in the Agricultural Preservation District on the effective date of this chapter, and held in single and separate ownership.
PARKING LOT
An off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
PARKING SPACE
A space located off the public right-of-way designed and designated for parking a single motor vehicle.
PARTY WALL
A common shared wall between two separate structures, buildings, or dwelling units.
PATIO
An open paved or gravel area or deck constructed of wood or other material usually attached to, or part of, and directly accessible to or from a building.
PAVED
Areas, excluding buildings, surfaced with concrete, paving brick, bituminous, or other such material, to create a dustless, all-weather surface.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)
See "Act 247."
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
[Added 9-25-2006 by Ord. No. 55]
PLACE OF WORSHIP
A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, burial, recreational or other uses not normally associated with worship.
PLANNING COMMISSION
The Planning Commission of West Caln Township, Chester County, Pennsylvania.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PLAT, RECORDED
The final plat, or engineering layout of streets and lots, easements, common open spaces and public grounds, which as 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.
PORCH
A roofed open area, which may be screened, usually attached to, or part of, and directly accessible to or from a building.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources, this shall include means to conserve and safeguard these resources from wasteful or destructive use but shall not be interpreted to authorize the unreasonable restriction of forestry, mining, or other lawful uses of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of the first, second, or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.
PRINCIPAL USE
The single dominant use or single main use on a lot.
PRIVATE
Any activity limited to members of an organization or to persons specifically invited where no advertisement or inducement has been made to the general public.
PRIVATE RESIDENTIAL DRIVEWAY
A privately owned driveway which shall be limited to access for not more than two residential dwelling units or access for not more than two other permitted principal uses within any residential district.
PRIVATE STREET
See "street, private."
PUBLIC
Any use in which the general public is involved.
PUBLIC GROUNDS
Public grounds are defined as the following:
(1) 
Parks, playgrounds, trails, paths, and other recreational areas and other public areas.
(2) 
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities.
(3) 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board of Supervisors of West Caln Township or the Planning Commission of West Caln Township, intended to inform and obtain public comment, prior to taking action.
PUBLIC INFRASTRUCTURE AREA
A designated growth area and all or any portion of a future growth area described in a county or multi-municipal Comprehensive Plan where public infrastructure services will be provided and outside of which such public infrastructure services will not be required to be publicly financed.
PUBLIC INFRASTRUCTURE SERVICES
Services that are provided to areas with densities of one or more units to the acre, which may include sanitary sewers and facilities for the collection and treatment of sewage, water lines and facilities for the pumping and treating of water, parks and open space, streets and sidewalks, public transportation and other services that may be appropriated within a growth area, but shall exclude fire protection and emergency medical services and other services required to protect the health and safety of residents.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (Relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in West Caln 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 not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing.
PUBLIC USE
Any 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, corporation, or other organization.
RADIO TOWER
See "antenna, radio or television."
RECONSTRUCTION
Any or all work needed to rebuild all or a part of any building to a sound condition, but not necessarily of original materials.
RECREATION, ACTIVE
Those recreational pursuits 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, ball fields, and swimming pools.
RECREATION, INDOOR
The 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 activities that as to surrounding residents may be dangerous or disturbing.
RECREATION, OUTDOOR
A 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, and other activities which generate noise objectionable to or may be dangerous within a residential environment.
RECREATION, PASSIVE
Recreational pursuits which can be carried out with little alteration or disruption of the area in which they are performed. Such uses include, but are not limited to, hiking, biking, environmental education activity, and picnicking.
RECREATIONAL EQUIPMENT, MAJOR
Recreational equipment of a size and type that requires a trailer and/or motorized vehicle to transport for usage. This includes, but is not limited to, motorcycles, all-terrain vehicles, snowmobiles, portable aircraft, and recreational watercraft.
RECREATIONAL VEHICLE (RV)
A vehicle that is:
(1) 
Built on a single chassis;
(2) 
No more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light duty truck; and
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RECYCLING CENTER
A 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.
REFORESTATION
The restocking of an area with forest trees, including natural regeneration, as well as tree planting.
RELIGIOUS USE
A nonprofit use of land or a building as a place of worship, convent, monastery or similar religious institution or use, including rectory and parish house.
RENTAL UNIT
An individual commercial or institutional space offered for rent or lease within a motel, hotel, rooming house, tourist home, institutional home, bed-and-breakfast, apartment building, dormitory, or in a professional or commercial office building.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
[Added 9-25-2006 by Ord. No. 55]
RESIDENT FARMER
A farmer that lives on and farms the same parcel of land or a contiguous set of parcels.
RESIDENTIAL CONVERSION
See "conversion, residential."
RESIDENTIAL USE
A use of land, or improvements thereto, for a home, abode, or place where an individual is actually living at a specific point in time.
RESTAURANT
A place of business serving food and beverages prepared for consumption and providing table or sit-down service and/or counter service.
RETAIL
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and vending service incidental to the sale of such goods, such as, but not limited to, hardware stores, pharmacy, magazine/bookstore, florist or clothing store.
RETIREMENT COMMUNITY/CONTINUING CARE USE
A residential complex designed and operated for mature adults, and which meets the definition of "housing for older persons" as set forth in the Fair Housing Amendments Act of 1988, that may include one or any combination of life care facility, nursing home, or retirement housing uses.
RETIREMENT HOUSING
A combination of individual dwelling units in any combination of single-family, two-family, townhouse or multifamily buildings 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, and may include a community center consisting of one or more buildings in which accessory uses may be permitted.
RIGHT-OF-WAY (ROW)
Land reserved for an easement, street, alley, walkway, crosswalk or other public or private purpose (see Figure 2-E).
RIGHT-OF-WAY, FUTURE
The right-of-way deemed appropriate to provide adequate width for future street improvements.
RIGHT-OF-WAY, LEGAL
The existing right-of-way of dedicated streets as established by the Commonwealth of Pennsylvania or other appropriate governing authority.
RIPARIAN FOREST BUFFER
A riparian forest buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. For the purpose of this chapter, the riparian forest buffer shall be divided into two zones (see Figure 2-I):
(1) 
ZONE ONE (INNER RIPARIAN FOREST BUFFER)This zone begins at the top of the stream bank of a watercourse and occupies a margin of land with a minimum width of 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 very steep slopes are located within 35 feet of a watercourse, Zone One shall extend the entire distance of the sloped area.
(2) 
ZONE TWO (OUTER RIPARIAN FOREST BUFFER)This zone begins at the outer edge of zone one and occupies a minimum width of 65 feet in addition to that of zone one to create a riparian forest buffer.
(a) 
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 full riparian forest buffer equals a total width of 100 feet.
(b) 
Where the zone two riparian forest 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.
ROAD FUNCTIONAL CLASSIFICATION
A designation in the West Caln Comprehensive Plan, given a road in accordance with its function as a carrier of traffic and from which specific setback distances and other regulations in this chapter apply. Classifications for new roads within the Township, or roads not designated in the current Township Comprehensive Plan, shall be determined by the Board of Supervisors after recommendation by the Planning Commission. For the purpose of this chapter, the following six classifications shall apply based on the West Caln Township Comprehensive Plan, Chapter 6 - Transportation and Circulation Plan, 1998:
(1) 
EXPRESSWAYThese roads serve the heaviest volumes of traffic and have limited access to allow for higher speeds. Average daily trips range between 10,000 and 100,000. Expressways serve higher average trip lengths focusing on regional and interstate traffic. Expressways facilitate truck transport by providing the optimum conditions for truck traffic.
(2) 
MAJOR/PRINCIPAL ARTERIALThese roads serve heavy volumes of traffic often ranging between 10,000 and 40,000 trips per day. They provide a high degree of mobility, but offer more access than expressways. Principal arterials link urban centers and usually consist of more then two lanes.
(3) 
MINOR ARTERIALArterials of this type also emphasize mobility and serve to link urban and rural centers, but their focus is more regional. They provide for traffic ranging from 5,000 to 15,000 trips per day with higher access than principal arterials, but still some access control.
(4) 
MAJOR COLLECTORIts purpose is to collect traffic and move it to the arterials. A major collector links residential and commercial areas by "collecting" traffic from residential areas and moving it to arterials. This road classification accommodates traffic averaging 3,000 to 8,000 trips per day.
(5) 
MINOR COLLECTORMinor collectors serve the same function as a major collector, but on a smaller scale. These serve traffic in the range of 1,000 to 3,000 trips per day, collecting traffic from various access points mainly in residential areas, and distributing it to other residential and commercial centers. Minor collectors serve mainly local traffic.
(6) 
LOCAL ROADLocal roads focus on access, and often help to define the municipality's unique character. Roads in the neighborhoods are considered local and provide direct residential access. They are intended for very short distance travel and usually do not carry through-trips.
ROOMING/BOARDING HOUSE
A dwelling in which weekly or monthly sleeping accommodations are provided for rent to less than 10 persons, whether or not the serving of meals is included.
SANITARY LANDFILL
A lot or portion of a lot used for deposit and storage of refuse and in which all exposed refuse is covered with a minimum of six inches of earth. A sanitary landfill shall be operated in accordance with standards established by, and shall be subject to inspection by, the Pennsylvania Department of Health and Pennsylvania Department of Environmental Protection.
SCREEN
A visual barrier shielding or obscuring one abutting or nearby structure or use (e.g., dumpster, trash storage area, junkyard) from another by the use of fencing, walls, berms, densely planted vegetation, or a combination thereof. In any case, the material or combination of materials chosen to be used in the screen as a general guideline should have a minimum standard of 85% obstruction or screen, or except as otherwise permitted in this chapter as determined by the Township Engineer.
SECONDARY FARM BUSINESS
A secondary business operated on an agricultural parcel or tract, related to or supporting agricultural activities, such as blacksmithing, farm equipment repair, cabinetmaking, carpentry, etc.
SELECTIVE CUTTING
The felling of certain, but not all trees, in an area for the purpose of removing dead, diseased, damaged, mature, or marketable timber or for improving the quality of a tree stand. The removal of more than 35% of trees in an area shall be defined as "selective harvesting" and the requirements for a timber harvesting operation shall apply.
SELF-STORAGE UNITS/MINI-WAREHOUSE
Storage 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 may have direct access from the outside, or where the individual storage units are contained within a building, each unit accessible through common hallways or corridors and where units frequently are climate controlled.
SETBACK
A line established by this chapter parallel to and at a prescribed distance from a public or private street, which determines an area within which no structure may be erected.
SEWAGE
Any substance that contains any waste products, commercial or industrial waste, or excrementitious matter or discharge from the bodies of human beings or animals, or any noxious or deleterious substances being harmful or inimical to public health or to animal or aquatic life, including but not limited to laundry, bathroom, and kitchen wastewater.
SEWAGE DISPOSAL SYSTEM
(1) 
INDIVIDUAL (ON-LOT or OFF-LOT) SEWAGE DISPOSAL SYSTEMThe 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. Such system shall be totally within the confines of the lot on which the use is located ("on-lot"), or shall be located within an easement designated for such purpose on another lot ("off-lot").
(2) 
COMMUNITY COLLECTION AND TREATMENT SEWAGE DISPOSAL SYSTEMA sanitary sewage system which carries sewage from more than one individual discharger or other Township service area by a system of pipes to a common treatment and disposal facility, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection, or other applicable regulatory agency.
(3) 
PUBLIC SEWAGE DISPOSAL SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to the treatment facility and disposed of through means approved by the Pennsylvania Department of Environmental Protection. Such service may be administered by government agency, municipal authority, or public utility. Such system services a municipality(s) or generally larger areas within a municipality(s).
SHOPPING CENTER
A use containing three or more retail uses located in one building or on a single lot and preplanned and designed as a complex of related structures and circulation patterns.
SIGHT DISTANCE
The 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.
SIGN
Any 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. National flags, flags of political subdivisions, and symbolic flags of any business or institution or business, or cornerstones built into a wall of a building shall not be considered signs for the purpose of this chapter.
SIGN HEIGHT
The distance from the existing ground elevation at the base of, or immediately below the sign, to the highest point of the sign structure (see Figure 2-K).
SIGN TYPES
Sign types shall be as follows:
(1) 
ABANDONED SIGNA sign erected on, or related to, the use of a property which becomes vacant and unoccupied for a period of six months or more, or any sign that relates to a time, event, or purpose that is past.
(2) 
BANNER SIGNA temporary sign hung across a public street or private property, possessing characters or letters applied to a flexible, durable, and water-resistant material such as plastic or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any business or institution or business, shall not be considered banners for the purposes of this chapter.
(3) 
BUSINESS SIGN (ON PREMISES)A sign directing attention to a business, commodity, or service conducted, sold or offered upon the same premises as that upon which the sign is located. This includes signs that identify or advertise home occupations or signs affixed to vehicles denoting a business-related activity.
(4) 
CANOPY, MARQUEE, or AWNING SIGNAny sign that is part of or attached to an awning, canopy, marquee, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service or retail area. An awning, marquee, or canopy without lettering shall not be considered a sign. (See Figure 2-L) See "awning" and "marquee or canopy."
(5) 
CONSTRUCTION/DEVELOPMENT SIGNA type of temporary sign intended to display the name of the project and or the contractor, architect, engineer, financier, or similar information pertaining to the project.
(6) 
DIRECTIONAL SIGNA type of sign designed to provide guidance on how to reach a destination.
(7) 
DOUBLE-FACED SIGNA sign that displays a message, information, or advertising on both faces (sides) of the sign.
(8) 
FREESTANDING SIGNA sign supported by structures or support that are placed on, or anchored in, the ground and that are independent from any building or structure. The height of a freestanding sign shall be measured from the proposed finished grade to the highest point of the sign structure (see Figure 2-M).
(9) 
GROUND SIGNA sign, other than a freestanding sign, placed directly on the ground or which emerges directly from the ground where the bottom edge is no more than two feet from the proposed finished grade on which it is placed and which may use supports or pylons, independent from any building or structure (see Figure 2-N).
(10) 
ILLUMINATED SIGNA sign that has characters, letters, figures, designs, or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign and designed so that no light is directly projected from such artificial source to areas other than the said sign being lit.
(11) 
OFFICIAL TRAFFIC SIGNSigns erected by the Pennsylvania Department of Transportation or West Caln Township which are designed to regulate traffic, describe road conditions, supply directions, or provide information.
(12) 
OFF-PREMISES SIGNS (BILLBOARDS)A sign that directs attention to a person, business, profession, product, or activity not conducted on the same premises as that where the sign is located.
(13) 
POLITICAL SIGNA temporary sign pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.
(14) 
PORTABLE SIGNA type of temporary sign, with or without display or legend, that is self supporting without being firmly embedded in the ground and designed to be movable and is fixed on a movable stand, mounted on wheels or movable vehicles, or made easily movable in some other manner. Portable sign shall also include searchlight standards and hot air or gas filled balloons. (See Figure 2-O)
(15) 
PRIMARY SIGNA sign requiring a permit under the terms of this chapter.
(16) 
PROJECTING SIGNA sign affixed to a wall or other vertical building surface in such a manner that its leading edge extends more than six inches beyond the surface of such wall or building. (See Figure 2-J)
(17) 
REAL ESTATE SIGNA sign pertaining to the sale, lease, or rental of the property on which it is located.
(18) 
TEMPORARY SIGNA sign intended for short-term use and not permanently mounted, such as a promotional sign, including, but not limited to, signs pertaining to business events, community events, political issues, an individual seeking public office, or a forthcoming public election.
(19) 
WALL SIGNA sign mounted parallel to a wall or other vertical building surface. Wall signs shall not extend more than six inches beyond the edge of any wall or other surface to which they are mounted; otherwise they shall be defined as a projecting sign. Wall signs shall include hanging signs, which are signs which hang by chain rope or similar means from the cornice of a roofline of a building, frequently from a porch over an entranceway (see Figure 2-P).
(20) 
WINDOW SIGNA temporary or permanent sign that is oriented to the public right-of-way and is located on the inside or outside of a window.
SIGN, AREA OR SIZE
The total area on which the name, advertising material and/or logo or other representation is located, together with all moldings, battens, cappings, nailing strips, latticing, and platforms which are attached to the area on which the name, advertising material and/or logo is placed. In the case of signs which are composed of letters, words or representations only, as in the case of such material affixed to a building and which are not physically enclosed within a frame, the sign shall be considered to include as area, a square or rectangle drawn at the outer limits of the letters or representations (see Figure 2-J).
SILVICULTURE
The development and/or maintenance of a forest or wooded preserve.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a property by any person, partnership, or corporation, in which the ownership is separate and distinct from that of any adjoining property.
SOLID WASTE
All refuse including garbage and trash, and all material which is putrescible and originating from the preparation, cooking and consumption of food and market produce.
SPECIAL EXCEPTION
See "use, special exception."
SPECIMEN TREE OR VEGETATION
Unique, rare or otherwise specifically selected trees or vegetation which most typically represent a whole class or group, specifically in shape, form, or historical importance. Any tree or other vegetation determined to be of specimen quality by a registered landscape architect or which generally falls within the parameters of § 350-1002D(1)(a). The examples of specimen trees included in that section are intended to provide general guidelines and examples of what constitutes a specimen tree and are not considered all-inclusive for the purpose of defining a specimen tree.
STABLE
For the purposes of this chapter, a stable is:
(1) 
PRIVATE STABLEAn accessory building in which horses, ponies, or mules are kept for private use and not for hire, remuneration or sale.
(2) 
PUBLIC STABLEA building in which any horses, ponies, or mules are kept for remuneration, hire or sale.
STEEP SLOPES
For the purposes of this chapter, steep slopes are divided into two categories:
(1) 
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 25%.
(2) 
VERY STEEP SLOPESThose areas of land where the grade is 25% or greater.
STORAGE
The keeping of used or new products, merchandise, materials, equipment or vehicles for a continuous period greater than eight hours. Excluded from this definition are the following:
(1) 
Equipment, vehicles and materials which are used in connection with a construction project during the period of construction.
(2) 
The unloading or loading of vehicles which are parked against a building so that all activity occurs within the building.
STORAGE SHED
A one-story enclosed roofed structure with one side for access to be used for the purpose of storage. See "storage."
STORAGE, OUTDOOR
The keeping of goods or materials for present or future use in an area unprotected from the elements.
STORY
That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.
STREAM
See "watercourse."
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINE
The right-of-way, or the dividing line between a lot and the outside boundary of a public street, road or highway, legally open or officially plotted, or between a lot and outside the boundary of a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way (see Figure 2-E).
STREET, CENTERLINE OF
A line which is an equal distance from both street lines unless officially designated otherwise (see Figure 2-E).
STREET, PRIVATE
A thoroughfare serving abutting lots held in single and separate ownership and not deeded or dedicated to the Township.
STREET, PUBLIC
A public thoroughfare which has been dedicated and deeded to the Township and which affords the principal means of access to the abutting property.
STREET, SINGLE ACCESS
A 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.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural members of a building or other structure, such as, but not limited to, 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 UNIT
One or more buildings enclosed by continuous exterior walls and a continuous roof.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether public or private, including, but not limited to, buildings, sheds, mobile homes, signs, fences or walls, antennae, porches, platforms, tennis courts, swimming pools, tanks, and towers, and similar items.
STRUCTURE, ACCESSORY
A structure subordinate to the principal use or structure on the lot or tract and used for purposes customarily incidental to those of the principal use or structure.
STRUCTURE, TEMPORARY
A 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.
SUBDIVISION
The division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including, but not necessarily limited to, changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The Subdivision and Land Development Ordinance of West Caln Township, Chester County.[6]
SUBSTANTIAL DAMAGE
Damage 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 IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include either:
[Amended 9-25-2006 by Ord. No. 55]
(1) 
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
(2) 
Any alteration of a "historic resource," provided that the alteration will not preclude the structure's continued designation as a "historic resource."
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 the IBC.
[Added 9-25-2006 by Ord. No. 55]
SUCCESSION
The observed process of change in the species structure on an ecological community.
SURFACE RUNOFF
That part of the precipitation that passes over the surface of the soil.
SURFACE WATER
Water on the Earth's surface exposed to the atmosphere such as, but not limited to, rivers, lakes, streams, and oceans.
SWIMMING POOLS
An 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.
(1) 
PRIVATE SWIMMING POOLAny reasonably permanent pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
(2) 
PUBLIC SWIMMING POOLAny open or enclosed place open to the public for amateur and professional swimming or recreational bathing, whether or not a fee is charged for admission or for the use thereof.
TIMBER HARVESTING OPERATION
The uprooting or removal of more than four trees per acre from any lot for the purpose of allowing or encouraging the natural regeneration or preservation of a tree stand, on a lot which has a gross area prior to any subdivision or land development of more than three acres and which is undertaken in compliance with an approved timber harvesting plan. Forestry, as defined by Act 247, shall also be considered a tree harvesting operation and shall require the submittal and approval of a timber harvesting plan. See "selective cutting."
TIMBER HARVESTING PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a professional forester with demonstrable expertise in best forest management practices including a degree in forestry from a college accredited by the Society of American Foresters, and shall document measures to be taken to:
(1) 
Control erosion and sedimentation;
(2) 
Protect water quality;
(3) 
Minimize impacts from skid trails and logging roads, land areas, and the tree removal process; and
(4) 
Ensure site restoration.
TIMBER HARVESTING/TREE HARVESTING/LOGGING
Forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TOPSOIL
Natural and friable loam containing sufficient nitrogen and phosphorus to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
TOWER
See "communications tower."
TOWNSHIP
The Township of West Caln.
TOWNSHIP ENGINEER
See "municipal engineer."
TRAIL
A right-of-way containing a marked or beaten path, whether paved or unpaved, for pedestrians, equestrian, or bicycle use.
TREE DRIPLINE
The line marking the outer edges of the branches of the tree (see Figure 2-Q).
TREE PROTECTION ZONE
An area that is 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 two feet beyond the dripline, 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 2-Q).
USE
Any purpose for which a building or other structure or lot or tract of land may be designed, arranged, intended, maintained or occupied, or any activity or occupation carried on, or intended to be carried on, in a building or other structure or on a lot or tract of land.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal use of a structure or of a lot.
USE, BY-RIGHT
A use which is permitted in a zoning district without the need for a special exception, variance, or conditional use permit.
USE, CONDITIONAL
A 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 EXCEPTION
A use which is not permitted as a right, but which, when provided for in this chapter and 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.
USED CAR LOT
Any land used or occupied for the purpose of buying and selling second-hand motor vehicles and storing said motor vehicles prior to sale, but excluding body or fender repair, painting, and the sale of fuel or lubricants for motor vehicles.
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board meeting the applicable provisions of this chapter constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific parcel of property and not to be construed as a precedent.
VETERINARY CLINIC
A medical facility specializing in the treatment of injury or disease afflicting animals, especially domestic animals and household pets, and the Boarding of animals for medical reasons is incidental to the medical facility use.
VILLAGE
An unincorporated settlement that is part of a Township where residential and mixed use densities of one unit to the acre or more exist or are permitted and commercial, industrial, or institutional uses exist or are permitted.
WALKWAY, PUBLIC
Any space designed or maintained solely for public pedestrian use, without regard to ownership.
WATER SUPPLY
Water supply shall mean the following:
(1) 
INDIVIDUAL WATER SUPPLYA safe and healthful supply of water, to a single user from a private well permitted by Chester County Health Department or appropriate governmental/regulatory agency.
(2) 
COMMUNITY WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to more than one dwelling and other buildings within a development, or other Township service area. The water supply source may be located on-site and/or off-site and may be publicly or privately owned.
(3) 
PUBLIC WATER SUPPLY SYSTEMA system for supplying water in sufficient quantities to more than one dwelling and other buildings, which is administered by a municipality, municipal authority, or public utility as defined and regulated by the Pennsylvania Public Utility Commission. Such system services a municipality(s) or generally larger areas within a municipality(s).
(4) 
OFF-SITE WATER SUPPLYA safe, adequate and healthful supply of water to more than one user from a common source approved by all governmental agencies having jurisdiction over such matters and either governmentally or privately owned or PUC controlled, and approved by the Chester County Health Department.
WATER SURVEY
An inventory of the source, quantity, yield, and use of groundwater and surface water resources within a municipality.
WATER TABLE
The upper surface of saturation, except where that surface is formed by an impermeable body.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
WATERCOURSE
A river, brook, creek, stream or a channel or ditch for water, whether natural or man-made, with perennial or intermittent flow.
[Amended 12-13-2017 by Ord. No. 2017-03]
WETLANDS
Those areas that are inundated 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. More specifically, any area meeting the official wetland definition of the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection. Where a discrepancy exists between the wetland definitions of the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.
WETLANDS MARGIN
An examined area measured from the outer limit of the wetland extending to the outer limit of the hydric soils contiguous to the wetland or 100 feet, whichever is less.
WHOLESALING
A commercial and/or industrial activity comprising the sale of commodities in large quantities or in bulk, as to retailers or jobbers, rather than to consumers directly, including warehousing, loading and unloading, and shipping of such commodities.
WOODLAND DISTURBANCE
Any activity which:
(1) 
Alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and herbaceous woodland floor species; or
(2) 
Constitutes a land disturbance within a woodland or hedgerow.
(3) 
Woodland disturbance does not include the selective cutting or removal of invasive or noxious trees, shrubs, vines, or herbaceous species. A list of invasive (noxious) plant species is included in Appendix A.
WOODLANDS
Woodlands consist of a tree mass or plant community in which the tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete, canopy. Specifically, woodlands consist of a contiguous area 1/4 acre or greater, having more than one viable tree with a diameter at breast height (DBH) of six inches or greater per 1,000 square feet. The extent of the woodland plant community shall be measured from the outermost dripline of all trees in the community. Woodlands do not include orchards and old fields.
YARD
An open area around the inner periphery of a lot or tract on the same lot as a building, structure, and/or use; a yard extends parallel to lot lines and street lines, and is measured as a distance perpendicular to lot and street lines.
YARD, FRONT
An area between and parallel to the building setback line and the street line from which the lot has access or which abuts the lot, and extending the entire width of the lot along the front lot line at a specified distance from such front lot line. In the case of a corner lot, see "corner lot" (see Figure 2-E).
YARD, REAR
An area extending the entire width of the lot along the rear lot line at a specified distance from such rear lot line (see Figure 2-E).
YARD, SIDE
An area extending in depth on the lot from the front yard line to the rear yard line along a side lot line, a specified distance from such side lot line (see Figure 2-E).
ZONING DISTRICT, BASE
The basic system of zoning, which, under this chapter, 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 DISTRICT, OVERLAY
Regulations which apply in addition to the regulations applicable to the base zoning districts. Where conflicts exist between the overlay and base zoning, the most restrictive provision applies.
ZONING HEARING BOARD
The Zoning Hearing Board of West Caln Township.
ZONING MAP
The Official Zoning Map of West Caln Township, Chester County.
ZONING OFFICER
An individual appointed by the Board of Supervisors on an annual basis to administer the provisions of this chapter who shall not hold any elective office within West Caln Township.
ZONING ORDINANCE
The designation of specified districts within West Caln Township, Chester County, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements within this chapter of West Caln Township.
ZONING PERMIT
A permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter, which authorizes an applicant to proceed with said use, building or structure.
Figure 2-A
Adaptive Reuse
350 Figure 2-A.tif
EXISTING USE (FARMHOUSE)
ADAPTIVE REUSE (BANK)
Source: Community Planning Handbook - Volume I.
Chester County Planning Commission. 1997.
Figure 2-B
Lot Configuration
350 Figure 2-B.tif
Source: A New Illustrated Book of Development Definitions. Harvey S. Moskowitz and Carl G. Lindbloom. Center for Urban Policy Research, New Brunswick, New Jersey, 1997.
Figure 2-C
Building Height
350 Figure 2-C.tif
Source: Chester County Planning Commission, 2001.
Figure 2-D
Clear Sight Triangle
350 Figure 2-D.tif
Source: Chester County Planning Commission, 2004.
Figure 2-E
Lot Dimensions
350 Figure 2-E.tif
Source: Chester County Planning Commission, 1999.
Figure 2-F
Residential Development Patterns
350 Figure 2-F.tif
Source: Cluster Subdivision Design Guide. Chester County Planning Commission, 2004.
Figure 2-G
Dwelling Types
350 Figure 2-G.tif
Figure 2-H
Floodplain
350 Figure 2-H.tif
Source: Cluster Subdivision Design Guide. Chester County Planning Commission, 2003.
Figure 2-I
Riparian Forest Buffer
350 Figure 2-I.tif
Source: An Integrated Water Resources Plan for Chester County, Pennsylvania and its Watersheds., Chester County Water Resources Authority, 2002.
Figure 2-J
Sign Area
350 Figure 2-J.tif
Source: Community Planning Handbook - Volume II. Chester County Planning Commission, 1999.
Figure 2-K
Sign Height
350 Figure 2-K.tif
Source: Community Planning Handbook - Volume II. Chester County Planning Commission, 1999.
Figure 2-L
Canopy, Marquee, or Awning Sign
350 Figure 2-L.tif
Source: Community Planning Handbook - Volume II. Chester County Planning Commission, 1999.
Figure 2-M
Freestanding Sign
350 Figure 2-M.tif
Source: Community Planning Handbook - Volume II. Chester County Planning Commission, 1999.
Figure 2-N
Ground Sign
350 Figure 2-N.tif
Source: Community Planning Handbook - Volume II. Chester County Planning Commission, 1999.
Figure 2-O
Portable Sign
350 Figure 2-O.tif
Source: Community Planning Handbook- Volume II. Chester County Planning Commission, 1999.
Figure 2-P
Wall Sign
350 Figure 2-P.tif
Source: Community Planning Handbook - Volume II. Chester County Planning Commission, 1999.
Figure 2-Q
Tree Protection Zone
350 Figure 2-Q.tif
Source: Chester County Planning Commission, 2004.
[1]
Editor's Note: See 25 Pa. Code § 83.201.
[2]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[3]
Editor's Note: Former definitions of "base flood" and "base flood elevation," which immediately followed this definition, were repealed 8-9-2017 by Ord. No. 2017-1.
[4]
Editor's Note: Former definitions of "flood," "flood elevation, regulatory," "flood fringe," "flood, 100-year," " "floodplain," "floodproofing" and "floodway," which immediately followed this definition, were repealed 8-9-2017 by Ord. No. 2017-1.
[5]
Editor's Note: Former definition of "lowest floor," which immediately followed this definition, was repealed 8-9-2017 by Ord. No. 2017-1.
[6]
Editor's Note: See Chapter 300, Subdivision and Land Development, of this Code.