For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein indicated:
ABANDONMENTThe relinquishment of a use without intention to resume the said use as established under Article
XXVII.
ACCESSORY APARTMENTA self-contained accessory dwelling unit located entirely within an existing single-family dwelling which serves as a principal dwelling, with a habitable floor area which is less than that of the principal dwelling.
ACCESSORY BUILDINGA permanent detached building whose primary use is secondary to that of the principal building on the same lot. No truck bodies, abandoned mobile homes, travel trailers, or similar structures shall be used for accessory buildings or to house accessory uses.
ACCESSORY DWELLINGA dwelling whose use is secondary to that of the principal dwelling or building on the same lot, including but not limited to accessory apartment, tenant house or carriage house.
ACCESSORY USE OR STRUCTUREA use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ACCESSWAYAn area of land that extends from the street line to the front lot line, providing access to an interior lot.
ACTThe Pennsylvania Municipalities Planning Code, Act 247 (53 P.S. § 10101 et seq.), as amended.
ADDITIONAn enlargement or increase in floor area or height of an existing building or structure.
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock-in-trade, books, films, magazines, periodicals, and other paraphernalia which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATERAn enclosed building or outdoor drive-in theater used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural or 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 in by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL VILLAGE COMMUNITYA planned and unified development designed as part of an agricultural operation, consisting of dwelling units and providing a variety of facilities and services for its residents.
AGRICULTURE, INTENSIVEAgricultural uses involving the processing or production of agricultural products that are likely to emit frequent, recurring odors or noises considered obnoxious to a residential environment. Intensive agriculture includes, but is not limited to, feedlots, mushroom houses, and poultry houses.
AGRICULTURE, PASSIVEThe cultivation of the soil and the raising and harvesting of products of the soil including nurserying, horticulture, the raising of crops, forestry, dairying, raising of beef cattle and other livestock (excluding pigs), but excluding intensive agriculture.
AIRCRAFTAny vehicle or device, except an unpowered hang-glider, hot-air balloon or parachute, used for manned assent into or flight through the air.
AIRPORTA place or facility where aircraft can land and takeoff, which may be equipped with storage hangers, facilities for refueling and repair, and various accommodations for passengers.
A. PUBLIC-USE AIRPORTAny airport open to the general public and not requiring prior permission of the owner and/or operator to land.
B. PRIVATE-USE AIRPORTAny airport that restricts usage to the owner and/or operator or to persons authorized by the owner and/or operator.
ALL-WEATHER SURFACEA pavement constructed of graded stone or slag, with or without a surface of macadam, bituminous concrete or portland cement concrete.
ALLEYA minor right-of-way, which may or may not be legally dedicated to the Township, serving as a secondary means of access to the rear or side of properties otherwise abutting on a street.
ALTERATIONAny substantial or significant change, rearrangement, addition to or diminution, whether horizontally or vertically, of the supporting or structural members of a building or other structure, such as bearing walls, columns, beams or girders, as well as any addition or reduction in the number, area or dimensions of doors or windows; any change which could convert an existing building or structure into a different structure or adapt it to a different use; or the moving of a building or structure from one location to another.
ANIMAL HOSPITALA building in which domestic animals such as dogs, cats, rabbits, and birds or fowl receive medical or surgical treatment by a veterinarian and in which any housing or boarding of animals is limited to short-term care incidental to the hospital use.
ANNEXATIONA subdivision in which:
A. A portion of a parcel is conveyed and merged with an adjacent parcel; and
B. The resultant parcels conform to the area and bulk requirements of the applicable district in which they are located.
APPLICANTA landowner(s), developer(s) or authorized agent who has filed an application under this chapter, including his/her heirs, successors and assigns.
ARCHAEOLOGISTAn individual with a degree from a recognized college or university in the science of archaeology.
ARCHAEOLOGYThe science of investigation and study of the past by examination of artifacts/remains of human activity; the examination of nonrenewable cultural resources deposited in the earth by human or animal-related activity over time for the purpose of defining or affirming human activities and behavior.
ARCHITECTAn individual registered in the Commonwealth of Pennsylvania in the profession of architecture.
ARCHITECTUREThe art/science of building design and construction; a method or style of building; the product of construction; the recognizable features for any kind of structure; the materials and methods used to produce a structure. Architecture signifies a standing cultural resource, either in whole or in part, used at one time for dwelling, storage, industry, recreation, religious use or any other activity related to reasonable human functioning.
AUTOMOBILE SERVICE STATIONA structure, building or area of land or any portion thereof that is used for the sale of gasoline and/or other motor vehicle fuel, which may or may not include facilities for lubrication, service, washing or minor repair of motor vehicles, but not for body repair or painting or for the sale of new or used vehicles. Any use dispensing motor fuel for its own vehicles will not be deemed to be an automobile service station.
AUTOMOTIVE/MECHANICAL REPAIR SHOPA structure, building or area of land or any portion thereof that is used principally for mechanical or body repair of motor vehicles, and which may or may not be used for the sale of motor fuel, lubricants, parts and accessories.
BASE DENSITYThe number of dwelling units per acre or, in the case of nonresidential uses, the maximum floor area or building/lot coverage that may be achieved when a property is developed in accordance with the applicable zoning district requirements without the use of transferable development rights or other design options.
BASE DISTRICTA zoning district designated by this chapter and whose boundaries are depicted on the Township Zoning Map.
BASE FLOODA flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
[Added 8-21-2017 by Ord. No. 179]
BASE FLOOD ELEVATION (BFE)The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
[Added 8-21-2017 by Ord. No. 179]
BASEMENTAny area of a building having its floor below ground level on all sides.
BED-AND-BREAKFASTAn accessory use to a single-family dwelling unit in which all or a portion of the dwelling unit is rented on a short-term basis, including peer-to-peer home or room rental services. Bed-and-breakfast rentals shall be classified as either: a) host rentals: where the owner of the property remains on site during the entirety of the rental period; or b) non-host rentals: where the owner of the property does not remain on site during the entirety of the rental period. Residential leases greater than six months in duration shall not be subject to the provisions associated with bed-and-breakfast uses.
BERMAn earthen mound designed to create a visual and sound barrier between a use and adjoining properties, streets and adjacent uses.
BOARDThe Board of Supervisors of the Township of West Vincent.
BOARDINGHOUSEA dwelling in which three or more, but not more than 15, rooms are rented, housed or lodged for compensation with or without meals. A rooming house, tourist home, or lodging house shall be deemed a "boardinghouse."
BOARDING UNITAn inhabited space within a boardinghouse designed for the use and enjoyment of a boarder(s), which does not qualify as a self-contained dwelling unit under this chapter.
BUFFERAn area to be used as means of limiting the effects created by a use on adjoining properties, streets and uses, including but not limited to screening, fencing and use of berms.
BUFFER, RIPARIAN (AKA, STREAM BUFFER; VEGETATED STREAM BUFFER)Land areas immediately adjacent to streams or ponds and typically include floodplains, alluvial soils and stream-related wetlands. Riparian buffers can provide many environmental benefits (including, but not limited to, functioning as silt and chemical buffers for associated streams).
BUILDINGA combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, eaves and gutters projecting not more than 18 inches.
BUILDING COVERAGEThe ratio of the total building area on a lot to the lot area, expressed as a percentage.
BUILDING FOOTPRINTThe total enclosed area in the horizontal plane or floor of a building at grade or ground level. See also, "floor area, ground."
BUILDING HEIGHTThe vertical distance measured from the average finished grade at all foundation corners of a building or structure, or at not less than 10 equidistant points in the case of a circular structure, to a point midway between the highest and lowest points of the roof, excluding chimneys, antennas, spires, towers, stair or elevator bulkheads, silos, tanks, renewable or alternative energy system components, and other similar projections.
BUILDING INSPECTORAn agent of the Board of Supervisors, charged with the administration and enforcement of the Township Building Code.
BUILDING PERMITA statement issued and signed by the Building Inspector authorizing the erection, construction, alteration or enlargement of a building or structure. The statement should indicate that the proposed activity complies with the applicable Township codes and ordinances.
BUILDING SETBACK LINEA line established within a lot, measured from the ultimate or future street right-of-way and parallel thereto, defining the distance in which no building may be constructed. In the case of an interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to and measured from the property line nearest the street, defining the minimum distance in which no building may be constructed.
BULKA term used to describe the size of buildings and other structures and their relationship to each other, to open areas within a lot such as yards and to lot lines, and includes: the size, height and floor area of a building or structure; the relationship of the number of dwelling units in a residential building to the area of the lot (density); and all open areas or yard space relating to buildings and other structures.
CALIPERThe diameter of a tree trunk measured six inches above ground level for a tree measuring up to and including four inches in diameter and 12 inches above ground level for a tree measuring over four inches in diameter.
CAMPGROUNDA tract of land under single and separate ownership upon which two or more campsites are located, established or maintained for occupancy by tents or other individual camping units of the general public as temporary living quarters for recreation or vacation purposes.
CAMPSITEA plot of ground within a campground intended for the accommodation of either a tent or other individual camping unit, excluding recreational vehicles, on a temporary basis.
CARRIAGE HOUSEAn accessory residential building, previously or currently used for the storage of vehicles.
CARTWAYThe portion of a street or alley right-of-way, paved or unpaved, intended for vehicular use, including travel lanes, but not including shoulders, curbing and drainage facilities.
CELLARThat portion of a building which is partly or completely below grade and having more than 1/2 of its height below the average level of the adjoining ground. A cellar shall not be considered a story in determining the permissible number of stories.
CEMETERYLand used or intended to be used for the burial of the deceased, including crematories, mausoleums and mortuaries, when operated in conjunction with a cemetery and within its boundaries.
CERTIFICATE OF OCCUPANCYA statement signed, issued and administered by the Building Inspector upon completion of construction of a new building or upon change or conversion of a structure or use of a building, which establishes that a building complies with all requirements and regulations as provided in this chapter and other applicable codes and that the same may be occupied for the intended use.
CHURCHA building utilized for public divine worship. The term "church" shall also include temple, synagogue, or mosque.
CLEAR SIGHT DISTANCEAn area of unobstructed vision at street intersections or access points defined by lines of sight between points at given distance from the intersection of street center lines.
CLEAR-CUTTINGAny intentional act to cut down, remove all or virtually all of a group or stand of trees.
CLUBAn organization established for social or fraternal purposes whose buildings, facilities and services are for the use of members and their guests only, including service organizations and lodges.
CLUSTER DEVELOPMENTA development design which allows the minimum lot area and yard requirements to be reduced so that buildings and lots can be grouped together in a more efficient and environmentally sensitive configuration, provided that the remaining area is set aside and preserved as greenway land.
COMMERCIAL USEA use of land or improvements thereto for the purpose of engaging in retail, wholesale, or service activities for profit.
COMMON FACILITIESServices or utilities, such as but not limited to water and sewer service within a development site, designed, constructed and maintained primarily for the use of residents of the development.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMMUNITY SUPPORTED AGRICULTURE (CSA)A partnership of mutual commitment between a farm and a community of supporters that provides a direct link between the production and consumption of food. Members generally purchase a share of the season's harvest. Members may participate in harvesting or they may be limited to regularly scheduled pickups at the farm.
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLANThe Comprehensive Plan of West Vincent Township, as adopted and amended from time to time, which shall be deemed to include the Township Sustainability Plan of 2012, as amended from time to time, and the Regional Comprehensive Plan.
CONDITIONAL USEA use which is not generally appropriate or allowed by right in 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 recommendations by the Planning Commission.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which may be designated for common ownership solely by the owners of those separate portions, in accordance with the Pennsylvania Uniform Condominium Act 82 of 1980, as amended.
CONSERVANCY LOT or CONSERVATION LOTA large, privately-owned lot comprised partially of greenway land and restricted from further subdivision and development under Article
XX and subject to the provisions in §
390-123C(4). The purpose of the conservancy lot is to provide surrounding residents with visual access to greenway land while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with the standards set forth in this chapter. Public access to conservancy lots is not required.
CONSERVATION AREA, PRIMARYEnvironmentally sensitive areas comprising floodplains, submerged lands, wetlands, riparian buffers, wetland buffers, and prohibitive steep slopes (above 25%).
[Amended 10-17-2022 by Ord. No. 202]
CONSERVATION AREA, SECONDARYFeatures, such as precautionary slopes (15% to 25%), seasonal high-water table soils, forests, woodlands, visual resources, and other features as determined by the Township as desirable for purposes of providing an interconnected system of conserved greenway land and recreation.
[Amended 10-17-2022 by Ord. No. 202]
CONSISTENCYAn agreement or correspondence between matters being compared which denotes a reasonable, rational, similar connection or relationship.
CONSTRUCTIONThe building, rebuilding, assembly, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
CONTINUUM OF CAREThe provision of independent adult living, assisted living, skilled nursing and dementia care pursuant to a lifetime contract with the single owner or agent for the single owner of a life-care community, having full responsibility for and control over all facets of the housing, assisted living and nursing operations. The ratio of independent adult living unit, assisted living unit and skilled nursing care beds in a life-care community shall be in accordance with industry standards and/or general practices and shall be planned with the objective of complying with the contractual obligations of the single owner or agent for the single owner to the residents of the life-care community.
CONTRIBUTING BUILDING, STRUCTURE, SITE OR OBJECTA building, structure, site or object within a National Register historic district that reflects the cultural, historical or architectural character of the district as defined by the National Register nomination.
CONVENIENCE COMMERCIAL USEA retail activity designed to serve a local market, such as the residents of a neighborhood or planned development, including delicatessens, newsstands and small food markets.
CONVENTIONAL DEVELOPMENT DESIGNA form of subdivision or development design in which the total tract is "lotted out" or fully divided among individual building lots without the use of lot averaging or clustering with greenway land.
CONVERSIONAn alteration of a building, structure or land by change of an existing use to a new use which imposes other special provisions of a law governing building construction, equipment, exits, or zoning regulations.
COUNTY COMPREHENSIVE PLANA land use and growth management plan prepared by the Chester County Planning Commission and adopted by the Chester County Commissioners, which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plans and land use regulations.
CULTURAL LANDSCAPEThe minimum essential setting or context in which an identified historic resource retains its historic integrity, including both natural (trees, streams, slopes, etc.) and man-made features (bridges, outbuildings such as springhouses, barns, stables, cemetery markers, etc.) in an unimpaired state, allowing a better understanding of the materials and culture of the past.
CULTURAL RESOURCEA site or collection of sites, building or collection of buildings, with such a combination of historical, architectural, natural and scenic attributes as to create an irreplaceable, unique entity that serves as an element in defining the overall community character.
CUSTOMARY AGRICULTURAL ACCESSORY USESAccessory uses that are incidental and subordinate to passive agricultural operations, including but not limited to farm product sales, processing of dairy and meat products, breeding and raising of certain animals, alternative energy generation for on-site consumption, and the storage and use of farm implements, barns, sheds, corrals, windmills and watering and feed troughs.
CUSTOMARY RESIDENTIAL ACCESSORY USESAccessory uses that are incidental and subordinate to residential uses, including but not limited to low-intensity recreation, storage and animal care, which may utilize structures such as swimming pools, tennis courts, garages, sheds and horse barns.
CUTOFF FIXTUREA lighting fixture that provides a cutoff (shielding) of the emitted light.
DAY-CARE CENTER, CHILDThe premises in which care is provided at any one time for seven or more children unrelated to the operator and where tuition, fees or other forms of compensation for the care of the children is charged, and which is licensed or approved by the state to operate as a child day-care center.
DAY-CARE FACILITY, FAMILYA single-family detached dwelling in which care is provided as a home occupation to a maximum of six children unrelated to the owner and where tuition, fees or other forms of compensation for the care of the children is charged, and which is licensed or approved by the state to operate as a family day-care facility.
DBH (DIAMETER AT BREAST HEIGHT)Tree trunk diameter measured in inches at a height of 4.5 feet above the ground. If a tree divides or splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.
DEMOLITION BY NEGLECTThe failure to provide ordinary and necessary maintenance and repair to a building, structure or object classified as a historic resource, whether by ordinary negligence or willful neglect, purpose or design, by the owner or any party in possession thereof, which results in any of the following conditions:
A. The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist; or
B. The deterioration of exterior walls, roofs, chimneys, windows, the lack of adequate waterproofing, or deterioration of interior features or foundations, which will or could result in permanent damage or loss of exterior features.
DEMOLITION/DEMOLISHThe razing or destruction, whether entirely or in significant part, of a building, structure, site or object. Demolition includes the removal of a building, structure or object from its site.
DENSITY, GROSSThe number of dwelling units per acre, calculated by dividing the total number of dwelling units by the total acreage of the tract, expressed in dwelling units per acre. Unless otherwise stated, maximum density shall be construed as gross density.
DENSITY, GROSS RESIDENTIALThe number of dwelling units per acre in a Planned Residential Development, computed by dividing the number of dwelling units proposed by the number of acres in the development, exclusive of areas to be devoted to commercial use.
DENSITY, NETThe number of dwelling units per acre, calculated by dividing the total number of dwelling units for a given dwelling type by the number of developed acres so developed, inclusive of yard areas and parking spaces, but exclusive of greenway lands, interior streets, rights-of-way, and easements outside of yard area.
DEVELOPERAny landowner, agent of such landowner or tenant with the written permission from a landowner, who makes or causes to be made an application for approval of a subdivision and/or land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT CAPACITY, MAXIMUMThe maximum density, measured in dwelling units per acre (du/ac), or maximum building/lot coverage of a tract of land in a designated receiving zone if developed to the extent allowed under its base density plus any allowable additional density permitted through the use of transferable development rights or other density bonuses. The difference between maximum development capacity and the base density represents the transfer capacity that the tract is permitted to accommodate using transferable development rights.
DEVELOPMENT PLANA proposal for the development of a planned residential development, prepared in accordance with this chapter, including a plat of subdivision, location of various uses, 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, greenway land and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean both the verbal and graphic materials referred to in this definition.
DEVELOPMENT RIGHTSThe right to construct a specified amount of development according to this chapter.
DEVELOPMENT RIGHTS, TRANSFERABLE (TDR)The attaching of development rights to specified lands which are desired by the Township of West Vincent to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
DISABILITY GLAREThe human eye's line-of-sight contact with a direct light source, which causes a partial and temporary blindness.
DISH ANTENNAA parabolic reflector, together with its supporting members and attachments, used or intended to receive radio or electromagnetic waves from an orbiting satellite.
DRIVEWAYA private access strip, graded and usually hard-surfaced, intended for use as a means of vehicular or pedestrian access to an individual dwelling or other structure.
DRIVEWAY, COMMONA private driveway serving two or more lots or properties, the use and maintenance of which is shared among the property owners.
DRY SPACE, COMPLETELYA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
DRY SPACE, ESSENTIALLYA 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.
DWELLING or DWELLING UNITA building or entirely self-contained portion thereof containing complete housekeeping, sleeping and lavatory facilities, for occupancy as a residence by only one family (including any domestic servants living or employed on the premises), with no enclosed space (other than vestibules, entrance or other hallways or porches) in common with any other dwelling unit. This definition excludes units in a motel, boardinghouse, school dormitory, hospital and the like. Dwelling units may be classified but not limited to the following types:
A. SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for one family, having four yards and no common party wall with an adjacent building or dwelling. Where a garage is structurally attached to such building, it shall be considered a part of the dwelling and not an accessory building.
B. SINGLE-FAMILY, SEMIDETACHED DWELLINGA building designed for and occupied exclusively as a residence for one family that shares one common party wall on a lot line with another dwelling, and each dwelling has yard area on three sides.
C. TWO-FAMILY DWELLINGA building designed for and occupied exclusively as a residence for two families on the same lot but living independently of each other, including a duplex (one dwelling unit above the other) or a twin (one dwelling unit beside the other).
D. MULTIPLE-FAMILY DWELLINGA building or portion thereof containing or designed to contain three or more dwelling units with or without common access facilities. Such dwellings may be arranged in any configuration, including but not limited to townhouses (single-family attached), quadruplexes (fourplex), apartment buildings, and other similar building types.
(1) TOWNHOUSEA building containing dwelling units separated by party walls on opposite sides, and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and greenway land or yard areas to the front and rear (interior units) or front, rear and one side (end units). Each unit can be referred to as a "single-family attached unit," particularly when separately owned.
(2) QUADRUPLEXA building containing four dwelling units, each unit of which has greenway land or yard area on two nonparallel sides. Also called a "fourplex."
(3) APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways.
(4) MULTIPLEXA building containing three to five attached dwelling units. In general, all units have independent outside access. Units may be arranged in a variety of configurations: side to side, back to back, or vertically. A multiplex should have the appearance of a large single-family detached unit.
E. VILLAGE DWELLINGA single-family detached dwelling on a single and separate lot with yards on all sides of the unit. It differs from other forms of detached housing in the lot size and placement on the lot. It is similar to houses found grouped in historic villages and towns.
EARTH DISTURBANCE (also LAND DISTURBANCE)Activity which exposes the topsoil or subsoil to erosion, including, but not limited to, the removal of cover vegetation, earthmoving, excavation, mining, timber harvesting, grubbing, removal of topsoil and grading.
EASEMENTSAn interest in land owned by another that entitles the holder to a specific limited use or enjoyment.
EDUCATIONAL USELand and/or buildings specifically designed, arranged and intended for the primary purpose of instruction and learning, including preschools, elementary and secondary schools, whether private or public, including schools relating to religious organizations and vocational schools.
ENLARGEMENTAn increase in or addition to the floor area of an existing building, an increase in the size of a structure, or an increase in that portion of a lot occupied by an existing use.
ESSENTIAL SERVICESUses necessary for the preservation of the public health and safety, including, but not limited to, the erection, construction, alteration or maintenance of, by public utilities or governmental agencies, underground or overhead transmission systems, poles, wires, pipes, cables, fire alarm boxes, hydrants, or other similar services, and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service, excluding solid waste transfer stations, communications towers and communications antennas, as defined herein.
ESSENTIALLY DRY SPACEA space that 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.
EXTENSIONAn increase in the amount of floor area used for an existing use within an existing building.
FAMILYAny number of individuals related by blood, foster relationship, adoption or marriage and, in addition, any domestic servants or gratuitous guests thereof; or one or more nontransient persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder, lodger, club member or fraternity/sorority member shall not be considered a member of the family.
[Amended 9-20-2021 by Ord. No. 194]
FARM BUILDING OR STRUCTUREAny building or structure used for agricultural use, including the storing of agricultural equipment or farm produce or products, the housing of livestock or poultry, or the processing of dairy products. The term "farm building or structure" shall not include dwelling but shall include a barn, silo, and accessory storage shed.
FEEDLOTA confined area that is larger than one acre, allowing no access to pasture, for feeding livestock or poultry, for holding livestock or poultry temporarily for shipment.
FELLINGThe act of cutting a standing tree so that it falls to the ground.
[Added 10-17-2022 by Ord. No. 202]
FENCEA structure consisting of natural and/or man-made materials designed to enclose a developed or undeveloped area, an outdoor activity or serving as a screen between uses.
FILM OR VIDEO SHOOTThe commercial filming of scenes, locales, and/or actors for use in a commercial film or video production.
FLOODA temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
[Added 8-21-2017 by Ord. No. 179]
FLOOD INSURANCE STUDY (FIS)The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
[Added 8-21-2017 by Ord. No. 179]
FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
[Amended 8-21-2017 by Ord. No. 179]
FLOOR AREAThe enclosed total area within all buildings or structures as measured from the exterior of the building and including the sum of all floors and levels.
FLOOR AREA RATIOA relationship between the floor area of a building to the lot area, measured by dividing the total floor area in square feet of all buildings on a lot by the total land area in square feet of the lot.
FLOOR AREA, GROSS LEASABLEThe total area of all floors within a building contained within walls, which is available and suitable for commercial or industrial use. This term shall be exclusive of the floor area included in party and outside walls, overhangs, loading docks, elevator shafts, common hallways, and maintenance facilities.
FLOOR AREA, GROUNDThe total enclosed area in the horizontal plane or floor of a building at grade or ground level. See also "building footprint."
FLOOR AREA, HABITABLEThe total area of all floors within a dwelling which are contained within walls and actually used for habitation, exclusive of unfinished basements, open porches, garages, attics and accessory buildings and structures.
FOOTCANDLEUnit of light density incident on a plane (assumed to be horizontal unless otherwise specified) and measurable with an illuminance meter or a light meter.
FORESTVegetative community dominated by trees over 16 feet tall that form a closed or nearly closed canopy, with a minimum of 60% tree canopy cover. Forest areas may be categorized as follows:
[Added 10-17-2022 by Ord. No. 202]
A. FOREST, CRITICAL VALUEInterior forest areas with invasive plant species not sufficiently present to threaten forest's ecological health; or forest within a Natural Heritage Area or Natural Heritage Area buffer as mapped by Chester County and/or delineated by the Pennsylvania Natural Heritage Program; or forest areas that are determined to be old-growth; or forest within a riparian buffer area.
B. FOREST, INTERIORForest areas of minimum 3.75 acres that are greater than 300 feet from a nonwooded perimeter area. For a forest to have interior area, it must be at least 25 total contiguous acres. Interior forests uniquely support species with specialized habitat needs.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
[Added 10-17-2022 by Ord. No. 202]
FREEBOARDA margin of safety, expressed in feet, above the one-hundred-year flood elevation.
FULL CUTOFFAttribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above the angle 10° below that horizontal plane at all lateral angles around the fixture.
FULLY SHIELDEDAttribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles.
GARAGE, AUTOMOBILE REPAIRA building providing commercial storage, service or repair of motor vehicles to the general public. The term shall include auto body repair shops.
GARAGE, PRIVATEAn accessory building, attached or detached from the principal building, used for the storage of motor vehicles owned and used by the owner or tenant of the premises, or for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.
GARAGE, STORAGEA building, other than a private or public garage, limited to one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.
GASOLINE SERVICE STATIONA building and lot which is used for the sale and dispensing of gasoline and other motor fuels and may provide services incidental to the day-to-day maintenance of motor vehicles and the traveling public (such as retail food sales or convenience store) but shall not include auto body repair and painting service or automobile sales. Any use which dispenses gasoline solely for the use of its own vehicles will not be deemed a gasoline service station.
GEOTHERMAL HEAT PUMPSAny mechanical system or installation for air conditioning or heating which utilizes groundwater or well water as a coolant or heat booster.
GLAREExcessive brightness in the field of view that is sufficiently greater than the brightness to which the eye is adapted, so as to cause annoyance or loss in visual performance and visibility or jeopardize health, safety or welfare.
GREENHOUSE, COMMERCIALAn enclosed structure used for the growing, raising and/or selling of flowers or other plants.
GREENHOUSE, PRIVATEAn enclosed structure used for the growing, raising or keeping of flowers and other plants.
GREENWAY LANDThat portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the public or it may be contained in areas of conservancy lots which are not accessible to the public.
GROUP HOMEAs defined by the Federal Fair Housing Amendments of 1988, as amended, a licensed dwelling providing supervised nontransient lodging or residential services for handicapped individuals or for individuals with disabilities, except for those whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others, in which some or all of the occupants are unrelated.
HERITAGE TREEA specimen tree that is listed by the Township as having exceptional cultural or historic significance. The list of identified heritage trees is maintained at the Township office.
[Added 10-17-2022 by Ord. No. 202]
HIGH WATER TABLE SOILS/AREASThose soils or areas having a water table within 1.5 feet of the surface or less for 90 or more consecutive days in the year.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 8-21-2017 by Ord. No. 179]
HIGHWAY ACCESS POINTThe location or place of egress and ingress to a street or highway created by a driveway, alley or other street.
HISTORIC RESOURCEA structure, object, district or site identified as having historic significance in the Township Historic Sites Survey, the Pennsylvania Historic Resources File and/or the National Register of Historic Places.
HISTORIC SITE INVENTORYThe list of historic resources located in the Township and any maps which show the location of these resources, and which is updated from time to time by the Township Historical Commission.
HISTORICAL COMMISSIONThe West Vincent Township Historical Commission, or the West Vincent Township Environmental Advisory Council if no historical commission is created; an advisory board designated by the Board of Supervisors to deal with matters pertaining to any of the identified cultural and historic resources located in the Township and to administer any historic preservation provisions of this chapter.
HOME OCCUPATIONAn accessory use conducted in a dwelling by the occupant involving an activity for compensation per provisions of §
390-152.
HOMEOWNERS' ASSOCIATIONA nonprofit, private organization composed of property owners within a cluster development or planned residential development, operating under state guidelines for the purpose of administering to the needs of residents and the maintenance of commonly-owned property and improvements.
HORIZONTAL ILLUMINANCEThe measurement of brightness from a light source, usually measured in footcandles or lumens, and which is taken through a light meter's sensor at a horizontal position.
HOSPITALAn accredited general medical facility or institution within which the diagnosis, treatment and care of human ailments is performed primarily on an inpatient basis.
HOTEL/INNA building arranged or used for temporary public lodging accommodations for compensation by tourists and transient guests.
HUB HEIGHTThe distance measured from the surface of the wind turbine tower foundation to the height of the wind turbine hub to which the blade is attached.
HYDRIC SOILSSoils that are characterized by the presence of water and are therefore indicators of wetlands, as determined by the Natural Resources Conservation Service, United States Department of Agriculture.
IDENTIFIED FLOODPLAIN AREAThe floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood.
IMPERVIOUS COVERAny material impenetrable by precipitation and/or incapable of supporting vegetation, including but not limited to buildings, structures, stone and/or gravel driveways (except to the extent that such are excludible from the calculation of impervious coverage pursuant to other provisions of this chapter) and parking areas, swimming pools, cement-lined ponds and paved areas. "Impervious coverage" is additionally referred to herein as "ground cover."
INDUSTRIAL PARKA grouping of three or more industrial establishments developed according to a unified plan and sharing common utilities and streets.
INSTITUTIONAL USEA nonprofit or public establishment involving building and grounds, including but not limited to schools, museums, places of worship, convents, retreats, nursing homes, school dormitories.
JUNKYARDAn area of land with or without buildings used for storage outside of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house 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, uninspected, wrecked or disabled vehicles, excluding usual farm equipment or the major parts thereof, is a junkyard. The storage of toxic wastes, radioactive materials, poisons, and other substances which are potentially harmful to man are excluded from this definition.
KENNELThe use of land, building, enclosed area, and/or structure having more than four animals and/or an establishment under the Pennsylvania Dog Law operated for the purpose of trading, breeding, boarding, training or grooming customary household pets for compensation.
LABORATORYA building or group of buildings within which the principal uses are the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenants; or
(2) 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.
C. Certain land development shall be excluded from the definition of land development only when such land development involves:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium; or
(2) The addition of an accessory building, including accessory farm, residential and nonresidential buildings, on a lot containing and subordinate to an existing principal building.
LANDINGA place where logs, pulpwood, or firewood are assembled for transportation off of a logging site.
[Added 10-17-2022 by Ord. No. 202]
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LANDSCAPINGThe planting of turf, trees, shrubs and other appropriate vegetative materials and ground cover within the open areas of a lot other than for agricultural purposes, and including the maintenance and replacement thereof, for the purposes of erosion control, retention of precipitation, protection against the elements, promotion of human comfort and welfare.
LIFE CARE COMMUNITYA planned development designed for the aged and/or infirm, providing a continuum of care and services and consisting of dwelling units, community center, health and nursing center, personal service shops, low-intensity and medium-intensity recreation areas and greenway land.
LIGHT TRESPASSLight emitted by a lighting fixture or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.
LIGHTINGA. DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
B. DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
C. INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LOADING SPACEA portion of a building or land area within a lot accessible from a street or alley for the temporary use of vehicles while delivering or receiving merchandise or materials.
LOGGINGSee "timber harvesting."
[Added 10-17-2022 by Ord. No. 202]
LOTA. 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; or
B. A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded plan, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such greenway lands as are arranged, designed or required, which is intended for transfer of ownership, use, lease or improvements or for development, regardless of how it is conveyed. The term "lot" shall also mean parcel, plot, site or tract or any similar term.
LOT AREA, GROSSThe total area of land contained within the legal limits of the property lines of a lot, exclusive of any land area within a street right-of-way.
LOT AREA/SIZE, NET[Amended 10-17-2022 by Ord. No. 202]
A. The acreage contained within the property lines of a lot, excluding the following areas:
(1) Any area within an existing street right-of-way;
(2) Any area comprising existing stormwater management basins, lakes, ponds, and/or on-lot berms;
(3) Any area overlain by the Floodplain Conservation District as defined in Article
XVI of this chapter;
(4) Areas of slope in excess of 25% as defined in Article
XVII of this chapter;
(5) Wetlands, as defined in §
390-8 of this chapter;
(6) Any area comprising rights-of-way or easements for gas, oil, natural gas, electric or communications transmission facilities, whether below or above ground, that do not serve the lot or lots traversed.
(7) Fifty percent of any critical value forest or critical value woodland area.
B. Where two or more of these conditions overlap, the single most stringent reduction factor shall apply in the calculation of net lot or tract area/size.
LOT AVERAGINGA development design option which allows some lots within a development to be larger or smaller than is otherwise required by a zoning district, provided the average lot size is equal to or greater than the requirements of the district and that no greenway land is created unless required by Chapter
315, Subdivision and Land Development, of the Township's Code.
LOT COVERAGEThe percentage of lot area covered by any and all impervious surfaces.
LOT FRONTAGEThe lot dimension measured along the street line of any street abutting a lot.
LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line or legal description of the lot.
LOT LINE CHANGEA subdivision in which no increase in the number of lots is proposed or an annexation, as long as each lot is a conforming lot.
LOT LINE, FRONTThe line separating the lot from the street line. In the case of an interior or "flag" lot, the front lot line shall be based on the lot line through which the driveway penetrates.
LOT LINE, REARAny line, except the front lot line, which is parallel to or within 45° of being parallel to and does not intersect, any street line.
LOT LINE, SIDEAny lot line which is not a front lot line or rear lot line.
LOT WIDTHThe horizontal distance between side lot lines at the building setback line and measured parallel to the street line. Where the street line is curved or angled, the lot width shall be measured as a straight line.
LOT WIDTH, AVERAGEThe average horizontal distance between side lot lines measured at the building setback line and the rear lot line.
LOT, CORNERA lot bounded on at least two sides by streets, whenever the lines of such streets extended form an interior angle of 135° or less. All yards abutting streets shall be considered front yards, the remaining yards shall be treated as side yards except when uses otherwise allowed by right under this chapter are unreasonably excluded by the designation of more than one front yard. If there is a need to select one yard as a front yard, the Board of Supervisors shall select the front yard, and that selection shall be binding.
LOT, INTERIORAny lot which only has access to a street either by an easement or right-of-way and may be characterized as "landlocked"; or any lot which has limited frontage on a street through an accessway serving solely for access to interior lands ("flag-shaped").
LOT, REVERSE-FRONTAGEA lot extending between and having frontage on two generally parallel streets with vehicular access limited to one street. Access shall be from a local rather than a collector or arterial street, as defined in the Comprehensive Plan. In the case of a reverse-frontage lot, the front yard, as defined by this chapter for the purpose of prohibiting or regulating the location of accessory buildings and structures, shall be determined by the front door of the dwelling. If there is a dispute over which yard is the front yard, the Board of Supervisors shall determine the front yard, and its decision shall be binding. Any accessory buildings or structures located in the remaining front yard shall be located based on the front-yard setback of the applicable zoning district.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter.
LUMBERYARDThe principal use of land and structures involving the loading and unloading, storage and sales of lumber and millwork materials.
LUMENAs used in the context of this chapter, the light-output rating of a lamp (light bulb).
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME LOTS or SITEA parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is leased by the park owner to the occupants of the manufactured home erected on the lot.
MANUFACTURED HOME PADA concrete pad at least six inches in thickness with at least six tie-down rings to which the manufactured home shall be secured and equal in length and width to the dimensions of the manufactured home to be placed thereon.
MASTER DEVELOPMENT PLANA plan or plans accompanied by written materials where such are necessary to describe, in graphic form and narrative form, the information required in a master development plan conditional use application under Article
XIX of this chapter.
MEDICAL CENTER/CLINIC OR FACILITYThe use of land and/or a building for all of the following: examination, diagnosis, and treatment of ill or afflicted human outpatients by any of the following: physicians, dentists, and their supervised assistants.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MINOR REPAIRThe 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.
MIXED USEThe utilization of a building or a lot for two or more principal uses.
MOTELA building or group of buildings containing individual rooms or lodging accommodations for transients, each of which is provided with a separate exterior entrance and parking space, and offered principally for sleeping accommodations on a rental basis for automobile travelers.
MOTOR HOMEA self-propelled vehicular structure designed to be used as a temporary dwelling for travel, recreational, or vacation uses.
MULTIMUNICIPAL PLANNING AGENCYA planning agency composed of representatives of more than one municipality and constituted as a joint municipal planning commission in accordance with Article
XI of the Pennsylvania Municipalities Planning Code or otherwise by resolution of the participating municipalities to address on behalf of the participating municipalities multimunicipal issues, including, but not limited to, agricultural and greenway land preservation, natural and historic resources, transportation, housing and economic development.
MUNICIPAL USEAn activity carried out and maintained by the Township of West Vincent.
MUNICIPALITIES PLANNING CODE ("MPC")The Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, reenacted and amended by Act No. 170 of 1988, as amended by Act 170 of 1988, and as it may be subsequently amended, 53 P.S. §§ 10101 to 11202.
MUSEUMAn institution devoted to procurement, care, study, display and exhibition of objects of lasting interest or value.
NATIONAL REGISTER HISTORIC DISTRICTAn area which has been designated as a National Register Historic District pursuant to the requirements of the National Park Service (e.g., Birchrunville).
NATIONAL REGISTER SITEAn individual site, building or structure which has been included in the National Register of Historic Places pursuant to the requirements of the National Park Service.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions, to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 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.
F. 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.
G. The business activity shall be conducted only within the dwelling or accessory dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
NONPARTICIPATING LANDOWNERIn the context of an application for a wind energy facility, any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the wind energy facility owner or operator.
NONCONFORMING BUILDING/STRUCTUREA structure or building, or part thereof, which does not conform to the applicable provisions or regulations of the zoning district in which it is located, where such structure or building lawfully existed prior to the enactment of this chapter or subsequent amendment thereto. Nonconforming structures shall include, but are not limited to, nonconforming buildings and signs.
NONCONFORMING LOTA lot held in single and separate ownership which does not conform to one or more of the applicable area or bulk requirements of the zoning district in which it is located, where such lot lawfully existed prior to the enactment of this chapter or subsequent amendment thereto.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions of the zoning district in which it is located, where such use was lawfully in existence prior to the enactment of this chapter or subsequent amendment.
NURSERYA. PRIVATE NONCOMMERCIALLand and any associated accessory buildings or structures used to raise flowers, shrubs, plants or trees as a use accessory and incidental to a single-family detached dwelling on the same lot.
B. COMMERCIAL RETAILLand and related accessory buildings or structures used to raise flowers, shrubs, plants, or trees primarily for retail sale to the general public.
C. WHOLESALELand and related accessory buildings or structures used to raise flowers, shrubs, plants or trees primarily in large quantities or in bulk to retailers or contractors, rather than to consumers directly. Any retail sales to the general public shall be accessory and incidental to the wholesale operation.
NURSING HOME, SKILLEDA facility operated for the purposes of providing housing and nursing care to the invalid, infirmed, disabled or convalescent persons for compensation, provided such facility has obtained proper governmental licensure. The terms "convalescent center" and "long-term care facility" are included in this definition.
OBJECTA material thing of functional, aesthetic, cultural, historic or scientific value that may be, by nature or design, movable, yet related to a specific culture, setting or environment (e.g., Native American artifacts).
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or which is placed where the flow of the water might carry the same downstream to the damage of life and property.
OFF-STREET PARKINGA parking space or facility for motor vehicles located outside any street right-of-way.
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has one-percent chance of occurring each year, although the flood may occur in any year).
OPERATOR, TIMBER HARVESTAn individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.
[Added 10-17-2022 by Ord. No. 202]
OUTDOOR STORAGEThe collection of man-made materials unprotected from the elements.
PARKING LOTAn off-street, surfaced area designed solely for the parking of motor vehicles, including passageways and maneuvering space.
PARKING SPACEA reasonably level area outside a street right-of-way, available for the parking of one motor vehicle and consisting of an all-weather surface, either covered garage space or uncovered parking lot space, and which has access from a street, alley or driveway.
PARTY WALLA common vertical or horizontal wall that separates two buildings, structures, or dwelling units.
PENNDOTThe Pennsylvania Department of Transportation.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PHASEA separate or individual area or tract which is part of an overall development and which is to be developed according to a timetable for development over a period of time.
PLACE OF WORSHIPA nonprofit use of land or a building or buildings as a place of worship, convent, monastery or similar religious institution, including rectory and parish houses for an organization solely or primarily used as a religious institution when located on the same premises.
PLANNED OFFICE PARKA tract of land designed and developed from a single, unified plan involving the layout of lots, buildings and improvements together with a landscaping and greenway land plan in order to achieve a campus theme and efficient use of shared utilities and roads.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required greenway land to the regulations established in any one residential district created, from time to time, under the provisions of the municipal zoning ordinance.
PLANNED SHOPPING CENTERA tract of land held in single and separate ownership designed and developed from a single unified plan for a combination of two or more commercial uses.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PLAT, RECORDEDThe final plat or engineering layout of streets and lots, easements, greenway lands and public grounds, which has been duly approved by all necessary officials and bodies, and recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania.
PONDA natural or artificial body of water which retains water year-round. Artificial ponds may be created by dams or berms or may result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than from the permanent pool if there is any difference. This definition shall not include swimming pools, garden ponds, spray irrigation treatment or storage lagoons, or industrial waste lagoons.
PORCHA roofed open area, which may be glazed or screened, attached to or part of and with direct access to or from a building. A porch is a room where the space enclosed may be heated or air conditioned and, if glazed, where the percentage of window area to wall area is less than 50%.
PRE-COMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
[Added 10-17-2022 by Ord. No. 202]
PRESERVATION or PROTECTIONWhen used in connection with natural and historic resources, 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 LANDLand used for agricultural purposes that contains soils of the first, second, or third class as defined by the United States Department of Agriculture Natural Resources Conservation Service County Soil Survey.
PRINCIPAL BUILDINGA building in which is conducted the main and primary use of the lot on which it is located. With respect to single-family residential uses and buildings (except those in conjunction with agricultural operations), there shall be no more than one principal building per lot.
PUBLIC GROUNDS/FACILITIESIncludes parks, playgrounds and other public areas, and the sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
PUBLIC NOTICENotice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITY OPERATING FACILITIESBuildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
RECEIVING ZONEA zoning district in which concentrated development has been planned, where transferable development rights may be applied and added to the base density.
RECREATION FACILITY, COMMERCIALA building or parcel of land designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, and which is operated as a business and open to the public for a fee.
RECREATION, HIGH-INTENSITYIndoor or outdoor leisure-time facilities or uses that are commercial and more intense than medium-intensity recreational use due to their attributes pertaining to; the charging of membership and/or admission fees; the presence of a high number of participants and parking spaces; and a level of use or land disturbance of 50% or greater of the tract. Examples of high-intensity outdoor recreation use include go-cart tracks, motocross tracks, water-slide parks, and amusement parks.
RECREATION, LOW-INTENSITYIndoor or outdoor leisure-time facilities or uses of a noncommercial nature for walking, hiking, fishing, bird watching, nature study, and picnicking, Such uses shall be carried out with little disruption to the area in which they occur.
RECREATION, MEDIUM-INTENSITYIndoor or outdoor leisure-time facilities or uses for active use by the public on a limited basis, utilizing no greater than 5% impervious cover of a tract, including for soccer, baseball, softball, football, rugby, tennis, swimming clubs, child playground facilities, as well as golf courses and driving ranges.
RECREATIONAL VEHICLEA vehicle which is: (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RECREATIONAL VEHICLE CAMPGROUNDA parcel or tract of land under single and separate ownership upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECREATIONAL VEHICLE SITEA plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent or other individual camping unit on a temporary basis.
REDUCED YARDA development design option which allows flexibility in required side and/or rear-yard setback to create larger contiguous yard area, provided special criteria are met.
REGIONAL PLANNING AGENCYA planning agency that is composed of representatives of more than one county. Regional planning responsibilities shall include providing technical assistance to counties and municipalities, mediating conflicts across county lines and reviewing county comprehensive plans for consistency with one another.
REGIONAL PLANNING COMMITTEEA planning commission composed of representatives of multiple municipalities bound by an intermunicipal planning agreement that reviews member municipality zoning amendments and land development applications of regional significance for consistency with the Regional Comprehensive Plan.
RELIGIOUS USEA nonprofit use of land or a building or buildings as a place of worship, convent, monastery or similar institution.
RENEWABLE OR ALTERNATIVE ENERGY SOURCEAny method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy, hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.
REPAIR GARAGE FACILITYA building and lot which is used for the repair of motor vehicles, whether mechanical or body-oriented, above and beyond customary services provided by a gasoline service station.
REPETITIVE LOSSFlood-related damages sustained by a structure on two separate occasions during a ten-year period, for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the market value of the structure.
RESIDENTIAL CONVERSIONThe change in density and dwelling type of an existing residence, resulting in the creation of party walls and independent cooking, lavatory and sleeping facilities.
RESTAURANTA building used for the purpose of furnishing or serving food and beverages for consumption to the public and which contains inside seating facilities.
RESTAURANT, FAST FOODAn eating establishment where customers place their orders at a service area located indoors, but separate from seating facilities, and where food is served either at said seating facilities or is taken out for consumption off the premises.
RESTAURANT, FAST FOOD WITH DRIVE-IN SERVICEAs defined above, an eating establishment, but which also provides service to customers who remain seated in automobiles where customers are served either through an exterior window in the establishment or directly to parked automobiles on the premises.
RESTRICTIVE COVENANT AGREEMENTA legal instrument which simultaneously places restrictions on future development on a specified tract of land in a designated transferable development rights sending zone.
RETAIL ESTABLISHMENTA commercial use comprising the sale of commodities and/or services directly to the general public, with limited wholesale activities only as an accessory and incidental use.
RETIREMENT OR ACTIVE ADULT COMMUNITYA development of individual or multiple dwellings that may include a community center and is designed for adult individuals and/or couples who do not have resident dependent children younger than 18 years old. The residents thereof need not be actually retired from their occupation or employment.
RIDGELINEThe line of intersection at the top of opposite slopes or sides of increasing contour lines or the boundary between watershed drainage areas, as the same are depicted on the Visual Resources Map of the Township Greenway Land and Recreation Plan.
RIGHT-OF-WAYLand set aside for use as a street, other means of travel or for use by a utility.
A. EXISTING RIGHT-OF-WAYThe legal right-of-way, as established by the Township or Commonwealth of Pennsylvania or other appropriate governing authority, and currently in existence.
B. ULTIMATE OR FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary by the Township or by other governmental agencies with jurisdiction within the Township to provide adequate width for future street or utility improvements.
SANITARY LANDFILLA lot or portion of a lot used for the deposit and storage of refuse and in which all exposed refuse is covered by earth every day. A sanitary landfill shall be operated in accordance with standards established by and shall be subject to inspection by the Pennsylvania Department of Environmental Protection.
SCREENINGThe use of plant or landscaping materials, fencing, walls and/or earthen berms to aid in the concealment of such features as parking areas and vehicles within them and to provide privacy between land uses which abut one another.
SEASONAL HIGH-WATER TABLE SOILSSoils described as having a minimum depth to seasonal high-water table of 1.5 feet or less as identified in Table 6 of the Soil Survey for Chester and Delaware Counties, as amended or revised.
SECTIONA geographical area or tract which is part of a proposed development which will be developed according to a timetable for development over a period of years.
SELECTIVE CLEARINGThe careful and planned removal of specific trees, shrubs and plants using standards and protection measures under a forest management plan.
SENDING ZONEA zoning district containing designated resources to be preserved in which transferable development rights may be severed and sold or otherwise transferred in exchange for permanent restrictive covenants.
SEWAGE SERVICE, COMMUNITYA system for the collection and disposal of sewage from more than one lot, owned in common and operated by the lot owners served or by the Township. The system is subject to the approval of the Chester County Health Department and the Pennsylvania Department of Environmental Protection.
SEWAGE SERVICE, INDIVIDUAL ON-SITEA system for the disposal of sewage on the lot of which it originated by the use of cesspools, septic tanks, and/or other means as approved by the Chester County Health Department.
SEWAGE SERVICE, PUBLICAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly-operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SHALLOW SOILSThose soils or areas where the depth to the bedrock from the ground surface is 20 inches or less.
SHARED PARKINGA parking arrangement in which the parking requirement for two or more uses is proposed to be satisfied by the provision of fewer parking spaces than the sum of the minimum number of parking spaces which would otherwise be required for such uses under this chapter.
SIGNAny structure or part thereof, or any device attached to a building, including any letter, word, model, device, picture, symbol or representation intended as an announcement, direction or advertisement, and may be either freestanding, attached to another structure or painted on the exterior wall of a building. Additional definitions can be found in Article
XXI, §
390-127.
SIGN, ADVERTISINGA sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located, including billboards.
SIGN AREAThe face of a sign, including all lettering, wording, designs and symbols, together with background, whether open or enclosed, on which they are displayed, including the frame but not including any supporting framework and bracing. Where a sign consists of individual letters, numbers, characters or symbols attached to a building, the area of the sign shall be considered to include a square or rectangular pattern as drawn at the outer limits of the letters, words or representations.
SIGN, BUSINESSA sign which offers services or goods available on the lot on which the sign is located.
SIGN, DIRECTIONALAn informational sign indicating direction, entry, exit, loading or service areas, fire lanes, parking and other information incidental to the primary use and not itself advertising that use.
SIGN, OFFICIALA sign erected by the state, county, Township or other legally-constituted governmental body.
SINGLE AND SEPARATE OWNERSHIPThe possession of real estate by one or more persons where vested interest is separate and distinct from that of any adjoining property.
SINGLE-FAMILY GARDEN LOT DEVELOPMENTA development consisting of either attached or detached single-family garden lots. which, through flexible design standards, is designed to allow for maximum use of the individual lot areas. Such design flexibility shall include reduced internal road rights-of-way widths, the use of alleys or parking drives, and reduced lot areas and yard setbacks. When alleys are used for vehicular access to the dwelling units, parking on the internal roadway shall be restricted to one side.
SITE, HISTORICThe location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains historical, cultural or archaeological value, regardless of the value of any existing building or structure.
SKIDDINGDragging trees on the ground from the stump to the landing by any means.
[Added 10-17-2022 by Ord. No. 202]
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
[Added 10-17-2022 by Ord. No. 202]
SOILS TOO PERMEABLEThose soils in which the water percolation rate is greater than five minutes per inch.
SPECIAL EXCEPTIONPermission, approval or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Article
XXIX, in situations where provision is made by terms of this chapter.
SPECIAL FLOOD HAZARD AREA (SFHA)An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
[Added 8-21-2017 by Ord. No. 179]
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region, buttocks; female breasts below a point immediately above the top of the areola; and/or human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIESHuman genitals in a state of sexual stimulation or arousal; acts of human masturbation, ejaculation, sexual intercourse, bestiality or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
SPECIMEN TREEA healthy tree considered worthy of conservation by the Township because of its species, size, or cultural/historical importance, including listing by the Pennsylvania Natural Heritage Program as endangered, threatened, rare, or vulnerable. Any healthy native tree of 36 inches DBH or greater shall be considered a specimen tree. Dead, dying, or trees that pose a hazard to life and property shall not be considered specimen trees.
[Amended 10-17-2022 by Ord. No. 202]
STABLEA building or structure and surrounding enclosures wherein horses or other equine animals are housed for any purpose, and so constructed that animals cannot stray therefrom.
STABLE, COMMERCIAL BOARDINGA building or structure and surrounding enclosures wherein horses or other equine animals are housed primarily for purposes other than the landowner's personal recreational use.
STABLE, COMMERCIAL HACKA building or structure and surrounding enclosures wherein horses or other equine animals are housed for rental or other exchange of compensation on a hourly or per-diem basis to members of the general public.
STABLE, HORSE SHOWA building or structure and surrounding enclosures wherein horses or other equine animals are housed temporarily during events and shows conducted on horse show grounds.
STAGEA section or sections of a development of which the applicant proposes to commence development at the same time, as part of a timetable for development over a period of years.
STANDAny area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
[Added 10-17-2022 by Ord. No. 202]
STAND-ALONE WIND ENERGY SYSTEMA wind energy generation and/or conversion system with a rated capacity of 100 kW or less, the main purpose of which is to generate electricity for, and to reduce, on-site consumption of utility power, consisting of a wind turbine, a tower, mounting frame and associated control or conversion electronics.
STATE LAND USE AND GROWTH MANAGEMENT REPORTA comprehensive land use and growth management report to be prepared by the Center for Local Government Services and which shall contain information, data and conclusions regarding growth and development patterns in this commonwealth and which will offer recommendations to commonwealth agencies for coordination of executive action, regulation and programs.
STORAGEThe deposit of goods, materials, vehicles or products intended for future disposition.
STORMWATER DETENTION BASIN/FACILITYA structure designed to temporarily retard surface water runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and volume of surface flows leaving a site, thus preventing further erosion and sedimentation and potential flooding downslope.
STORYThat portion of a building comprised between the surface of any floor and the surface of any floor or roof next above, exclusive of cellars and basements by their definition.
STREETA strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian access. The word "street" includes avenue, boulevard, thoroughfare, road, highway, alley, lane and other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINEThe ultimate or future right-of-way line of a street dividing the legal limit of a public street from a lot or, in the case of a private street, the line dividing a lot from a private street; aka, street right-of-way.
STREET, ARTERIALA street which serves high volumes of traffic at relatively high rates of speed, including controlled-access bypasses and highways serving the region.
STREET, COLLECTORA street which serves as access between residential areas and village centers within the Township and provides access to the arterial street network.
STREET, CUL-DE-SACA local access street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
STREET, LOCAL ACCESSA street which solely serves abutting properties and provides access to the collector street network.
STREET, MARGINAL ACCESSA minor local access street, parallel and adjacent to an arterial street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with arterial streets.
STREET, PRIVATEA thoroughfare serving two or more lots, held in single and separate ownership and not dedicated or deeded to the Township.
STREET, PUBLICA public thoroughfare which has been dedicated and deeded to the Township and which affords the principal means of access to the abutting property.
STREET, SINGLE ACCESSA type of minor street which has only one point of intersection with the public street network. Single access streets include culs-de-sac and all variations of the cul-de-sac design.
STRUCTURAL ALTERATIONAny substantial or significant change, rearrangement, addition to or diminution of the supporting or structural members of a building or other structure, such as bearing walls, columns, beams or girders; as well as any addition or reduction in the number, area or dimensions of doors or windows; or any change which could convert an existing building or structure into a different structure or adapt it to a different use; or the moving of a building or structure from one location to another.
STRUCTUREAnything constructed or erected on, in or under the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, fences, pools, tennis courts, roads, driveways, sidewalks, gas or liquid storage tanks that are principally above ground, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.
[Amended 8-21-2017 by Ord. No. 179]
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvements of a structure, of which the cost 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, regardless of the actual repair work performed. The term does not, however, include either:
[Amended 8-21-2017 by Ord. No. 179]
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
SWIMMING POOL, PRIVATEA temporary or permanent structure, whether in-ground or aboveground, not located within a completely enclosed building, containing or capable of containing water for swimming or wading with a minimum depth of two feet. Farm ponds and stormwater retention basins are not included in this definition unless specifically designed for swimming.
SWIMMING POOL, PUBLICAny open or enclosed structure, open to the general public for swimming or other water-related recreational activities, whether or not a fee is charged for admission or the use thereof.
TENANT HOUSEA detached building whose primary use is secondary to that of the principal dwelling on the same lot and whose occupants are generally, but not necessarily limited to, employees and family members of the occupants of the principal dwelling or lessees of associated agricultural operations on that lot.
THEATERA building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
THEATER, OUTDOOR DRIVE-INAn open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TIMBER HARVESTINGThat part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
[Added 10-17-2022 by Ord. No. 202]
TOPThe upper portion of a felled tree that is unmarketable because of small size, taper, or defect.
[Added 10-17-2022 by Ord. No. 202]
TOP OF BANKThe point above a waterway which defines the maximum height of channel flow of a waterway. It is either determined visually or computed as a topographic elevation.
TOWERAny single or multipurpose, nonresidential and uninhabited, private or commercial structure terminating over 35 feet from original ground level (height to include any apparatus mounted thereon), whether secured to another structure or mounted on its own in-ground foundation. Towers or structures specifically designed to receive or transmit satellite television or other transmissions are included in this definition even if they do not exceed 35 feet in height.
TOWNSHIPThe Township of West Vincent, Chester County, Pennsylvania.
TRACTOne or more contiguous lots assembled for the purpose of unified or planned development, including but not necessarily limited to planned residential development, shopping center, office park, industrial park, cluster development, or a mobile home park. Lots shall be determined to be contiguous even if separated by a road right-of-way or other easement or right-of-way.
TRACT ACREAGE, ADJUSTEDWhere density or intensity of development of a particular tract is based on adjusted tract acreage (ATA) under this chapter, the ATA shall constitute all areas within the title lines of the tract, excluding the following weighted percentages of environmentally sensitive areas, rights-of-way and easements:
[Amended 10-17-2022 by Ord. No. 202]
A. All existing rights-of-way or easements for public or private streets;
B. An area equivalent to 75% of any of the following areas:
(1) Areas within a flood hazard district subject to flooding in a 100-year storm and identified in Article
XVI of this chapter;
(2) Submerged lands, riparian buffers, wetlands, and wetland buffers as delineated under the criteria of the United States Army Corps of Engineers, and/or the Pennsylvania Department of Environmental Protection as wetlands;
(3) Areas of slopes in excess of 25%, as defined in Article
XVII of this chapter;
(4) Areas within the rights-of-way of high-tension electrical transmission lines (69 kV or greater) and pipelines.
C. An area equivalent to 50% of any of the following areas:
(1) Seasonal high water table soils as defined herein.
(2) Critical value forest or critical value woodlands as defined herein.
TRACT AREA, TOTALThe land area contained within the boundaries of a tract, exclusive of the areas of such permanent easements as are associated with overhead power transmission lines and underground pipelines, and land within the right-of-way of existing public roads that are present on the land at the time application for subdivision is made.
TRACT COVERAGEThe percentage of an entire tract covered by any and all impervious surfaces. In the case of a planned or unified development, the percentage of lot area of all individual lots within the development and any common or public areas covered by any and all impervious surfaces.
TRADITIONAL NEIGHBORHOOD DEVELOPMENTAn area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and appropriately designed to service the needs of pedestrians and vehicles equally.
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)The attaching of development rights to specified lands which are desired by the Township of West Vincent to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
TRANSFERABLE DEVELOPMENT RIGHTS (TDR) TRACT AREA, NETThe adjusted area of a parcel in a designated sending zone, free of rights-of-way, restrictive easements and designated sensitive environmental resources. This calculation, measured in acreage, is used to calculate the number of development rights established for an eligible tract of land.
U RATIOUniformity ratio describing the average level of illumination in relation to the lowest level of illumination for a given area (e.g., U ratio equal to 4:1 indicates that the average level of illumination should be no more than four times the lowest level of illumination).
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 to the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
UPLIGHTINGAny light source that distributes illumination above a 90° horizontal plane.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained, or any activity, occupation, business or operation conducted in a building or other structure.
VARIANCEPermission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter as applied to a specific property in accordance with the provisions of Article
XXIX.
VILLAGEA relatively small clustered settlement with the following typical characteristics, often located at a crossroads or village center/square: small, compact development pattern; usually small or narrow lots; may include a mix of land uses (i.e., commercial, office). Historical villages are pre-twentieth century in origin, often dominated by older homes and structures, and with a central origin (e.g., mill, general store, tavern, extended farmstead).
VILLAGE CLUSTER DEVELOPMENTA development design option which allows the minimum lot area and yard requirements to be reduced so that buildings and lots can be grouped together in a configuration intended to recreate traditional village settings and to preserve visual resources, provided that the remaining area is set aside and preserved as greenway land.
VISUAL RESOURCESCharacteristic landscape elements when viewed from public streets or rights-of-way, including but not limited to those features identified on the Visual Resources Map in the West Vincent Township Open Space and Recreation Plan, including:
A. Upland areas of moderate topographical relief and broad agricultural landscapes.
B. Ridgelines of prominent topographical relief.
C. Valley floors hemmed in by ridge or upland areas.
D. Visually prominent wetlands and watercourses.
E. Clusters of buildings arranged to have the appearance of a single landscape unit.
F. Landscape rooms wherein vegetation, hills and ridgelines produce a narrow visual focus.
WAGERING AND GAMBLING FACILITIESA commercial use which provides facilities or at which persons assemble for the purpose of any activity which involves lawful gambling or wagering, including, without limitation, those facilities and activities for pari-mutuel wagering on thoroughbred and/or harness horse races remote from any race track and governed by and licensed pursuant to the Race Horse Industry Reform Act, the Act of December 17, 1981, P.L. 435, as it may be from time to time amended, 4 P.S. § 325.101 et seq. Gambling and wagering shall include any activity, game or device at which money or other valuable things may be played for, or staked or bet upon, and in which, by the rules of the activity, game, or device, a consideration is paid by the player or participant and a reward is paid to players or participants as a consequence of some element of chance. A commercial use otherwise permitted shall not constitute a gambling or wagering facility solely on account of the installation of facilities and devices pursuant to the State Lottery, the Act of August 26, 1971, P.L. 351, as amended, 72 P.S. § 3761-1 et seq.
WATER SUPPLY SYSTEM, CENTRALA system for supplying and distributing water from a common source or sources, available to all dwellings and structures within a franchise area. The system shall be approved by the Chester County Health Department, the Pennsylvania Department of Environmental Protection, and the Pennsylvania Public Utility Commission. The water supply source may be located on site or off site.
A. COMMUNITY WATER SUPPLY SYSTEMA centralized system for supplying and distributing water from a common source or sources to two or more dwellings or structures within a single development, neighborhood or area.
B. PUBLIC WATER SUPPLY SYSTEMA system, owned and operated by a municipality, governmental agency or public utility, for supplying and distributing water from a common source or sources to dwellings and other structures generally not confined to a single development, neighborhood or area.
WATER SUPPLY, INDIVIDUAL ON-SITEA system for supplying and distributing water to a single dwelling or other structure from a source located on the same lot. The system shall be approved by the Chester County Health Department.
WATERCOURSEA channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. The term shall also include water features defined as "waters of the commonwealth."
WATERS OF THE COMMONWEALTHRivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
WETLANDSBased on United States Army of Corps of Engineers and Pennsylvania Department of Environmental Protection regulations, those areas that are inundated or saturated by surface water 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. Wetlands generally include swamps, marshes, bogs and similar areas.
WETLANDS MARGINThe transitional area extending from the outer limit of a wetlands.
WHOLESALE ACTIVITIESA commercial activity comprising the sale of merchandise in large quantities or in bulk to retailers or contractors, rather than to consumers directly, including warehousing, loading and unloading, and shipping of such merchandise.
WIND ENERGY FACILITYAn electric generating facility, whose main purpose is to supply electricity, consisting of one or more Wind Turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND ENERGY FACILITY OWNERThe entity or entities having an equity interest in a wind energy facility, including their respective successors and assigns.
WIND TURBINEA wind energy system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.
WIND TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
WOODLANDVegetated communities that include trees over five meters 16 feet tall forming an open canopy with 25% to 60% tree canopy cover. Hedgerows, groves, copses, and thickets are types of woodland.
[Added 10-17-2022 by Ord. No. 202]
A. WOODLAND, CRITICAL VALUEWoodlands that are within a Natural Heritage Area or Natural Heritage Area buffer as mapped by Chester County and/or delineated by the Pennsylvania Natural Heritage Program); or woodland within a riparian buffer area.
YARDAn open area surrounding a building contained within a lot extending parallel to lot lines and street lines and measured at a distance perpendicular to lot and street lines.
A. YARD, FRONTA yard extending the full width of the front lot line and extending in depth from such lot line to the nearest portion of any building on the lot. In the case of an interior or "flag" lot or a reverse-frontage lot, the front yard shall be determined by the yard through which the driveway traverses.
B. YARD, REARA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest portion of any building on the lot.
C. YARD, SIDEA yard extending the full depth of the lot along a side lot line, between front and rear yards, and extending in width from such side lot line to the nearest portion of any building on the lot.
ZONING HEARING BOARDThe Zoning Hearing Board of the Township of West Vincent, Chester County, Pennsylvania.
ZONING MAPThe duly approved Zoning Map of the Township of West Vincent, Chester County, Pennsylvania.
ZONING OFFICERThe officer or other designated authority charged with the enforcement of this chapter.
ZONING ORDINANCEThe Zoning Ordinance of the Township of West Vincent, Chester County, Pennsylvania (this Chapter
390, Zoning, of the Township's Code).