Words in the singular include the plural, and those in the plural
include the singular; words in the present tense include the future
tense; words used in the masculine gender include the feminine and
neuter.
The words "person," "subdivider" and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual. The word "street" includes thoroughfare,
avenue, boulevard, court, expressway, highway, lane, arterial and
road. The word "building" includes structures and shall be construed
as if followed by the phrase "or part thereof." The word "watercourse"
includes channel, creek, ditch, drain, dry run, spring and stream.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
Where terms or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
Any person, other than the developer, who, acting for the
developer, submits to the Township subdivision or land development
plans for the purpose of obtaining approval thereof.
An accessway, which will not be dedicated, primarily for
vehicular service access to the rear or side of two or more properties
otherwise abutting on a street.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such building from one location or position to another.
A landowner, developer, contract purchaser, or his authorized
agent, as hereinafter defined, who has filed a complete application
for subdivision and/or land development, including heirs, successors,
assigns and grantees.
Every application for subdivision or land development, whether
sketch, preliminary or final, either recommended (sketch) or required
(preliminary and final) to be filed and approved prior to the start
of construction or development, including but not limited to an application
for a building permit, for the approval of a subdivision plat or plan,
or for approval of a development plan.
A licensed architect registered in the Commonwealth of Pennsylvania.
The quantity of land projected on a horizontal plane enclosed
by the boundaries or extremities of a lot, parcel, tract, etc.
A body politic (political body) and corporate (corporate
policy) created pursuant to the Municipality Authorities Act of 1945,
as amended.[1]
A mound of earth which serves purposes such as: directing
the flow of surface water runoff; preventing soil erosion; or supporting
plant materials or fencing to aid in screening or buffering.
Management practices or methods for controlling stormwater
runoff which provide hydrological (i.e., reduction of runoff volumes)
and water quality (i.e., reduction of pollutants) benefits.
A tract of land or two or more contiguous lots bounded by
streets, public parks, railroad rights-of-way, watercourses or bodies
of water, boundary lines of the Township, unsubdivided land, or by
any combination of the above.
That portion of a block or lot which fronts on a single street.
The Board of Supervisors of Uwchlan Township, Chester County,
Pennsylvania, or the official, person, or committee designated by
the Board of Supervisors to act with respect to a particular matter
set forth herein.
A defined portion of a parcel or lot proposed for development
appropriate for the planting of, or retention of, suitable hardwood
and/or evergreen trees, including modifications to existing contours,
where appropriate, to create an acceptable transition between potentially
incompatible land uses or reduce the potential for conflicts between
them. See § 608 of the Township Zoning Ordinance.
Any combination of materials forming any structure which
is erected on the ground and permanently affixed thereto, designed,
intended, or arranged for the housing, shelter, enclosure, or structural
support of persons, animals, or property of any kind. The following
dwelling unit types are depicted at the end of this article:
SINGLE-FAMILYA building arranged, designed, or intended for and occupied exclusively by one family.
TWO-FAMILYA building arranged, designed, and intended for occupancy by two families living independently of each other and doing their own cooking therein.
MULTIFAMILYA building arranged, designed, and intended for occupancy by three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats, garden apartments, and group houses.
LOW-RISE APARTMENTA detached multifamily building three to five stories in height with access to all dwelling units from one or more common entranceways and which has a common hallway for all dwelling units on the same floor.
The maximum horizontal cross-sectional area to the exterior.
The percentage which, when multiplied by the lot area, will
determine the permitted building area for all roofed structures and
buildings.
A line established by the required front yard, defining the
minimum distance between any building or structure or portion thereof
to be erected or altered and an adjacent right-of-way, street line
or lot line. Such line shall be measured at right angles from the
street right-of-way line and shall be parallel to said right-of-way
line.
An approval statement signed by the Code Enforcement Officer,
indicating compliance with the Uwchlan Township Zoning Ordinance[2] and any other ordinances or regulations, authorizing the
construction, alteration, reconstruction, restoration, demolition
or razing of all or a part of any building or structure within the
Township.
The diameter of a tree trunk measured at a point six inches
above ground level.
A roofed-over structure open on two or more sides and used
in conjunction with a dwelling for the storage of private motor vehicles.
The surface of a street or alley available for vehicle traffic.
The felling of all trees on a tract of land, or any portion
thereof, at one time.
A line of unobstructed vision from a point 4Â 1/2 feet
above the center line of a road to the farthest visible point on the
top of an object four inches high on the same center line. See Pennsylvania
Code, Title 67, Transportation, Chapter 441, "Access To and Occupancy
of Highways by Driveways and Local Roads."
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
down the center lines of the road.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of the public or of residents of the development.
In the calculation of the area or proportion of a development site
devoted to common open space, the following shall not be included:
Areas within any lot, yard, or required setback;
Areas within any public or private street or street right-of-way,
sidewalk, driveway, parking area, or utility easement;
Areas or portions thereof less than 50 feet in width, unless
part of a trail corridor or required buffer;
Following exclusion of all areas not to be included as common
open space and described in Subsection a(1) through (3) above, contiguous
areas less than 1/4 acre in area, unless acceptable and approved by
the Township.
The common open space within a development site shall be designed
and arranged so as to be conveniently accessible to all residences,
and all areas thereof shall be interconnected by a means of pedestrian
access and circulation acceptable to the Board.
Common open space shall be free of structures other than those
approved by the Board consistent with the provision of active and
passive recreational opportunities together with vehicular access
and parking as required in connection therewith. Only those stormwater
management facilities designed so as to be consistent with the active
or passive recreational purposes of the open space may be constructed
within required common open space.
Common open space shall be the subject of recorded encumbrances
in form and substance satisfactory to the Township Solicitor and sufficient
to ensure that the purposes and restrictions with respect thereto
are maintained in perpetuity, which governing documents shall be recorded
with the Recorder of Deeds in and for the County of Chester prior
to the first issuance of a building permit or the conveyances of a
lot with respect to lands or buildings within the development and
adjacent thereto.
A long-range policy plan intended to guide the growth and
development of the Township, adopted as the current Uwchlan Township
Comprehensive Plan Update by the Board of Supervisors, as amended.
The construction, reconstruction, erection, rebuilding, renovation,
repair, extension, expansion, alteration, demolition or relocation
of a building or structure, including the placement of mobile homes.
An area extending from each side of a transmission pipeline
to describe when a property developer/owner, who is planning new property
development in the vicinity of an existing or proposed transmission
pipeline, should initiate a dialogue with a transmission pipeline
operator.
[Added 1-11-2021 by Ord.
No. 2021-02]
The County of Chester, Commonwealth of Pennsylvania.
The Chester County Planning Commission.
A marked or specially constructed crossing of a public or
private road or other vehicular accessway designed to enhance pedestrian
safety and facilitate pedestrian circulation.
A form of a single access street with access at one end and
terminated at the other by a paved vehicular turnaround.
A structure, including appurtenant works, which carries water
under or through an embankment or fill.
The removal of soil or rock from its natural or predevelopment
location.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad, or other purposes which does or may impound water or another
fluid or semifluid.
Date on which a completed application, together with all
required information, fees, etc., is received by the Township Secretary.
The diameter of a tree at breast height, measured 4Â 1/2
feet from the ground surface at the point of highest elevation in
contact with the trunk of such tree.
Final adjudication of any board or other body granted jurisdiction
under this ordinance or the Pennsylvania Municipalities Planning Code
(Act 247, as amended)[3] to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
Regulations adopted pursuant to this ordinance imposing standards
by which a subdivision or land development is developed.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
Any landowner, agent of such landowner, contract purchaser,
or tenant with the permission of such landowner, or equitable owner
who makes or causes to be made a subdivision of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A sketch, preliminary or final plan, submitted in compliance
with the requirements of the Uwchlan Township Subdivision and Land
Development Ordinance, showing the provision for development of a
tract of land.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
Any ditch, gutter, pipe, culvert, storm sewer, retention
basin, detention basin, or other structure designed, intended, or
constructed for the purpose of controlling or diverting surface waters
or carrying surface waters off roads, public rights-of-way, parks,
recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points.
Private access to a street from any use.
A driveway which is shared by separate lots.
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit and having no cooking or sanitary facilities
in common with any other dwelling unit.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavation, embankments, road maintenance, building construction
and the moving, depositing, stockpiling, or storing of soil, rock
or earth materials.
An interest in land, owned by a party other than the owner
of the fee interest in the land, that entitles the holder to a specific
use, purpose, or enjoyment of the land, or to enforcement of restriction(s)
on the use of the land or structures thereon.
The application of the reviewing and/or approving authority's
stamp and the signatures of the appropriate authority on the record
plan.
A licensed professional engineer registered in the Commonwealth
of Pennsylvania.
The wearing away of soil, bedrock or land surface by water,
wind, ice, chemical, or other natural force.
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate greater
than would occur because of the natural process alone.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or moved, and shall include the conditions resulting therefrom.
The initial condition of a project site prior to the proposed
construction.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of any portion
of the land.
The final vertical elevation of the ground surface after
development.
A temporary inundation of normally dry land areas.
The low area adjoining and including any water or drainagecourse
or body of water subject to periodic flooding or overflow. The limits
of a floodplain shall be as mapped by the U.S. Department of Housing
and Urban Development as part of the National Flood Insurance Program.
In the absence of such maps, the floodplain shall be determined through
the mapping of alluvial soils as determined by the USDA Soil Conservation
Service Soil Survey for Chester and Delaware Counties, Pennsylvania
(May 1963, as amended).
The Board of Supervisors of Uwchlan Township, Chester County,
Pennsylvania.
The arithmetic mean of the maximum and minimum finished ground
elevation adjoining the buildings.
The changing of the surface of the ground by excavation or
fill or a combination thereof; the act of moving earth.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields and may occur naturally or be specially planted (e.g.,
as a windbreak).
The building's vertical measurement from the grade plane
of the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevators, tanks, and similar projections shall not be included
in calculating the height.
The vertical distance measured from the grade at the front
of the structure or sign to its highest point. The highest point in
the case of a sign shall include the supporting structure.
A resource defined in § 612.3.a of the Uwchlan
Township Zoning Ordinance.
A nonprofit organization of homeowners or property owners,
planned and operated under Township-approved rules and regulations,
for the purpose of administering to the needs of residents through
the maintenance of community-owned property.
Any soil inventoried or described as hydric or as a soil
with hydric inclusions according to the Soil Survey of Chester and
Delaware Counties, Pennsylvania, or other information provided by
the U.S. Soil Conservation Service (SCS). In Uwchlan Township, hydric
soils shall include, but are not limited to:
|
Hydric Soils
|
Soils with Hydric Inclusions
|
|---|---|
|
Wedhadkee (We)
|
Chewacla (Ch)
|
|
Worsham (WoA, WoB, WoB2)
|
Conagree (Cn)
|
|
Glenville (GnA, GnB, GnB2, GnC2)
|
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces,
and similar surfaces which do not normally absorb rainfall.
A retention or detention basin designed to retain or detain
stormwater runoff and release it at a controlled rate.
Physical addition and changes to land, such as grading, paving,
curbing, fire hydrants, water mains, sanitary sewers, stormwater management
systems, culverts, sidewalks, monuments, crosswalks, bridges, earthworks,
road lights, wells, sewage disposal systems, road trees and other
plantings, and other structures that may be necessary to produce usable
and desirable land development.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage beds, seepage trench, and biofiltration swale).
A surface connection to a closed drain; a structure at the
diversion end of a conduit; the upstream end of any structure through
which water may flow.
Natural or artificial bodies of water that retain water year-round.
Artificial ponds may be created by dams or may result from excavation.
The shoreline of such water bodies shall be measured from the spillway
crest elevation.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
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.
A subdivision of land.
Any activity which exposes soils, alters topography, and/or
alters vegetation, except for the removal of hazardous or alien vegetation.
Customary agricultural practices, such as tilling, plowing, mowing,
and harvesting, are excluded from the definition of "land disturbance."
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a "landowner" for the purposes of this ordinance.
A professional landscape architect registered in the Commonwealth
of Pennsylvania.
A plan for the installation and maintenance of plantings,
prepared according to the provisions of this ordinance.
The planting of turf or other appropriate ground cover or
the planting of deciduous and evergreen trees and shrubbery, including
the maintenance thereof, for the control of erosion, the retention
of precipitation, protection against the elements, and promotion of
human comfort and welfare.
When applied to mobile home parks, shall mean written approval
by the Township of Uwchlan, a prerequisite of which shall be in compliance
with all applicable regulations of this and other applicable ordinances,
and the posting of a liability insurance policy or an indemnity bond
in an amount not less than $10,000, payable to the Township of Uwchlan,
in a form satisfactory to the Township Solicitor.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
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 map, which is occupied or capable of being occupied by buildings,
structures, and accessory buildings, including such open spaces as
are arranged, designed, or required, which is intended for transfer
of ownership, use, lease, improvement or for development, regardless
of how it is conveyed. The term "lot" shall also mean parcel, plot,
site, or any similar term.
That portion of a lot or parcel of land within all bounding
property lines on which a building or buildings and any accessory
building or buildings are or may be located. The term "lot area,"
when used herein in the determination or calculation of permitted
development or its intensity, shall include required yard and setback
areas (except when and to the extent they are also included in Subsections
a through e below), but shall not include:
Steeply sloped areas more than 1,000 square feet in area and
having a slope in excess of 15% measured over three or more two-foot
contour lines established by field survey.
Floodplains as defined in § 510.3.a of the Zoning
Ordinance or wetlands as determined by the criteria promulgated from
time to time by the United States Army Corps of Engineers.
In the case of flag lots only, portions of the lot which are
not of the required width.
Existing street rights-of-way.
Stormwater management basins, except basins and berms serving
only the individual lot on which they are located.
|
The terms "lot size," "square footage" and similar terms used
in the Zoning Ordinance in the above-referenced zoning districts to
describe the minimum land area required for a lot shall have the same
meaning as "lot area."
|
Any of the following:
A lot other than a corner lot, the sides of which do not abut
a street.
An interior lot (e.g., flag lot) which does not adjoin a street
but is connected thereto by an access strip of required minimum width.
Minimum lot area and other dimensional requirements shall be those
of the applicable zoning district.
|
NOTE: No more than two contiguous interior lots
shall be formed. The creation of such lots shall be minimized and
limited to those circumstances dictated by the configuration of the
site; in general, interior lots shall not be considered an acceptable
site design alternative to the creation of an interior residential
street. Also, in no case will more than one tier of interior lots
be permitted behind those lots whose entire or substantially entire
lot width fronts on a street.
|
Any line dividing one lot from another.
A lot having frontage on two parallel or nearly parallel
streets. A minimum setback of 75 feet shall be provided from the rear
lot line or rear road right-of-way line to the principal structure
on the lot. Accessory buildings and structures shall have a setback
from both road frontages equal to the normal front yard setback required
for the district or approved for the subdivision. Only structures
permitted under § 601.2 of the Zoning Ordinance shall be
placed in the required front yard setback area or reverse front yard
setback for accessory structures.
An interior lot having frontage on two parallel or approximately
parallel streets.
A metal pipe or pin at least 3/4 inch in diameter and at
least 36 inches in length.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A stone or concrete monument with a flat top at least four
inches in diameter or square and at least 24 inches in length (preferred
30 inches to 36 inches). A stone monument shall contain an indented
cross or one-fourth-inch drilled hole. Concrete monuments shall contain
a copper or brass dowel (plug). The bottom sides or radius shall be
at least two inches greater than the top, to minimize movements caused
by frost.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, 53 P.S. § 10101 et seq.
The Township of Uwchlan, Chester County, Pennsylvania.
A species of plant that currently or previously inhabited
or grew in a specified location, and which was not introduced to that
location as a result of human activity, either intentional or accidental.
The term "native" species generally refers to a species whose range
was located within a large area like a continent or a nation. The
term "indigenous" species is typically used to refer to a species
whose original range extended into a smaller area like a state, county,
or watershed.
In the context of a site, the condition of the site prior
to development as determined by the plans of the required environmental
impact assessment site (EIA) identifying the following: geological,
topographical, soil, hydrological, biological, and land use conditions
of the site.
National Pollutant Discharge Elimination System, the system
whereby the federal government issues permits in accordance with the
Federal Clean Water Act, which authority is delegated in Pennsylvania
to the Pennsylvania Department of Environmental Protection (DEP).
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, 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.
An area undergoing natural succession, characterized by the
presence of shrubs and small trees (seedlings) whose branches do not
form a complete or nearly complete aerial canopy.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
A system serving a single lot, collecting and disposing of
wastewater on the lot where such system is used.
A drainage element in which stormwater flows with an open
surface. Open channels include, but shall not be limited to, natural
and man-made drainageways, swales, streams, ditches, and canals.
Unoccupied space open to the sky and on the same lot with
the principal use.
A plan which provides for the long-term management over time
of private, public, or common open space, in accordance with § 617
of the Township Zoning Ordinance.
A use in a residential use district, which may be a conditional
use or a use by right, that may be granted to a landowner or developer
which would enable said landowner or developer to subdivide a parcel
of land into lots for building purposes which do not conform to the
minimum requirements of the district, provided open space is included
in the plan designed for passive or active recreational purposes.
Pennsylvania Department of Environmental Protection, formerly
Pennsylvania Department of Environmental Resources.
See "lot."
An off-street, hard-surfaced area designed solely for the
parking of motor vehicles, including driveways, passageways, and maneuvering
space appurtenant thereto.
An off-street space available for the parking of one motor
vehicle and measuring a minimum of 9Â 1/2 feet by 20 feet, exclusive
of driveways, and passageways and maneuvering space appurtenant thereto;
except in the case where parked vehicles would abut a grass strip
of at least four feet in width, in which case the parking space may
be 9Â 1/2 feet by 18 feet. Up to 50% of the parking spaces shall
be 10 feet wide if deemed necessary at the sole discretion of the
Board.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater.
As defined by Title 49, Code of Federal Regulations, Sections
195.2 and 192.3.
[Added 1-11-2021 by Ord.
No. 2021-02]
A corrected final plan, showing dimensions and locations
of all streets and other improvements as actually constructed.
A complete and exact subdivision and/or land development plan, including all required supplementary data, complete and prepared for official recording in accordance with the requirements of this ordinance and with any conditions of approval imposed by the Township, to define property rights, proposed roads and other improvements. See Article IV of this ordinance for final plan content.
The Planning Commission of Uwchlan Township; Chester County,
Pennsylvania.
A subdivision and/or land development plan presented to the Uwchlan Township Planning Commission and Board of Supervisors demonstrating compliance with existing ordinances and regulations and showing existing features, proposed road and lot layout, stormwater management facilities and engineering detail sufficient to ensure proper functioning of proposed improvements. See Article IV of this ordinance for preliminary plan content.
An informal plan indicating existing features of a tract and its surroundings and, with respect for those features, the general layout of the proposed subdivision or land development submitted to the Township for discussion purposes only with the Planning Commission and Board of Supervisors. See Article IV of this ordinance for sketch plan content.
A strip of planting sufficient to provide an effective screen,
having an initial height of not less than five feet, the ultimate
heights and width of which shall be not less than 10 feet, and consisting
of not less than 50% evergreen vegetation distributed throughout the
length of the strip. See § 608 of the Township Zoning Ordinance.
The map or plan of a subdivision or land development, whether
preliminary or final.
An exact copy of the approved final plan, which contains
the original endorsements of the Township and County Planning Commission,
to be recorded with the Chester County Recorder of Deeds.
Pennsylvania Natural Diversity Inventory, which provides
an inventory of threatened and/or endangered animal and plant species.
Includes parks, playgrounds, trails, paths and other recreational
areas and other public areas, and sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities, and
publicly owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by the Board
of Supervisors, the Planning Commission, or the Zoning Hearing Board,
intended to inform and obtain public comment, prior to taking action
in accordance with this ordinance.
A forum held pursuant to notice under the Act of July 3,
1986, P.L. 1988, known as the "Sunshine Act" (65 Pa. C.S.A. § 701
et seq.).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township, stating the
time and place of the hearing and the particular nature of the matter
to be considered at the hearing. The first publication shall not be
more than 30 days and the second publication shall not be less than
seven days from the date of the hearing. Where the hearing to be held
will include consideration of a proposed zoning amendment to the Zoning
Map, then such proposed amendments must be additionally noticed by
posting along the perimeter of the affected tract at least one week
prior to the date of hearing.
Sites which have been identified on the PNDI, or the Chester
County Natural Areas Inventory, as possessing floral or faunal species
of concern or sites in which federally and/or state recognized RTE
species of flora and/or fauna are present.
All land, whether publicly or privately owned, whether improved
or not improved, with or without structures.
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts,
and swimming pools.
Recreational pursuits which can be carried out with little
alteration or disruption to the area in which they are performed.
Such uses include, but are not limited to, hiking, biking and picnicking.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1Â 1/2 feet.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
A parcel of land which is parallel to and between a road
right-of-way and a tract of land.
Any replatting or resubdivision of land, limited to changes
in lot lines on the approved final plan or recorded plan as specified
in § 311 of this ordinance. Other plattings shall be considered
as constituting a new subdivision of land. See "subdivision."
See "lot, reverse-frontage."
An examination of a plan to determine compliance with this
ordinance, the Zoning Ordinance, and other pertinent requirements.
The total width of any land reserved or dedicated as a street,
crosswalk, or for other public or semipublic purposes.
The legal right-of-way as established by a governing authority
and currently in existence.
The right-of-way deemed necessary to provide adequate width
for future road or street improvements.
An undeveloped, vegetated corridor 50 feet in width, generally
parallel to any permanent or intermittent stream, river, brook, creek,
lake, pond, one-hundred-year floodplain, or wetland (as determined
by the criteria promulgated from time to time by the United States
Army Corps of Engineers), measured outward from either the top of
the stream or other bank, edge of the lake, pond or wetlands, or from
the boundary of the one-hundred-year floodplain associated therewith
(whichever yields the greater buffer width).
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
Any surface or material which is partially penetrable or
able to absorb water, including but not limited to areas paved with
stone, gravel, sand, paver block, or other porous paving material,
as determined by the Township Zoning Officer and/or Township Engineer.
Any substance that contains any waste products or excrementatious
matter or other discharge from the bodies of human beings or animals
and laundry, bathroom, and kitchen waste water.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
A field test conducted by a person or firm qualified according
to the rules and regulations of the Chester County Department of Health
to determine the suitability of the soil for sanitary sewage disposal
facilities by measuring the absorptive capacity of the soil at a given
location and depth.
A use permitted with special permission, granted by the Zoning
Hearing Board, to occupy and use land and/or a building for specific
purposes in accordance with this ordinance when such use is not permitted
by right.
The proper placing, grading and/or covering of soil, rock,
or earth to ensure its resistance to erosion, sliding or other movement.
Those land areas with slopes of 15% or greater; the methodology
for delineation of steep slopes is established in § 618
of the Township Zoning Ordinance.
A system of pipes or other conduits which carries intercepted
surface runoff, road water and other waters, or drainage, but excludes
domestic sewage or wastewater and industrial wastes.
The precipitation reaching the ground surface.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
The plan prepared by the developer or his representative
indicating how stormwater will be managed in accordance with the requirements
of this ordinance.
A watercourse.
A public (dedicated) or private (undedicated) right-of-way,
excluding driveways, intended for use as a means of vehicular or pedestrian
circulation to provide access to more than one lot. The word "street"
includes thoroughfare, avenue, boulevard, court, drive, expressway,
highway, lane, alley, service street, and road or similar terms.
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land.
See "developer."
The 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.
The Subdivision and Land Development Ordinance of Uwchlan
Township, Chester County, Pennsylvania.
Any subdivision not classified as a minor subdivision, and
any land development that does not include subdivision.
Any plan providing for a lot line adjustment or rejoining
of lots where no land development is proposed, or any subdivision
or land development application in which all of the following apply:
No public or private street is constructed or is required to
be widened;
No earthmoving activities except those incidental to construction
of a single-family dwelling on each proposed lot will take place;
No public improvement or guaranty thereof is required other
than as may relate to on-lot stormwater management systems or sewer
or water lines serving an individual lot; and
No more than three lots shall result from any subdivision.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the total cost of which equals or exceeds 50% of the
market value of the structure before the start of construction of
the improvement. This term includes structures which have incurred
substantial damage (or repetitive loss when repetitive loss language
is used) regardless of the actual repair work performed. The term
does not, however include either:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
The Board of Township Supervisors of Uwchlan Township, Chester
County, Pennsylvania.
Aboveground transmission pipeline facilities, including,
but not limited to, compressor stations, pumping stations, regulator
stations, launcher/receiver stations, and other surface pipeline appurtenances.
[Added 1-11-2021 by Ord.
No. 2021-02]
Water flowing from a specific site or land area, typically
from defined precipitation events, such as a twenty-four-hour storm,
including flows from pervious natural surfaces in excess of soil permeability
rates and flows from fully and partially impervious developed surfaces.
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
PRIVATEAny reasonably permanent pool or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 24 inches. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
PUBLICA public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
The Township of Uwchlan; the Board of Supervisors of Uwchlan
Township or the official, person, or committee designated by the Board
of Supervisors to act with respect to a particular matter set forth
herein.
An Authority created by the Board of Supervisors, responsible
for, but not limited to, the construction, operation, and/or maintenance
of water storage and distribution and/or sewage collection and treatment
facilities.
A duly registered professional engineer employed by the Township
or engaged as a consultant thereto, or his duly authorized representative.
The attorney appointed by the Board of Supervisors, or his
duly authorized representative.
One or more contiguous lots within the Township, assembled
for the purpose of unified development, including a planned residential
development, multiple-family development, planned shopping center,
planned office park, industrial park, cluster development or lot-averaging
development, or a mobile home park.
Transmission pipelines include, but are not limited to, pipelines
designed for the transmission of a "gas" or "petroleum gas," except
a "service line," as those terms are defined by Title 49, Code of
Federal Regulations, Section 192.3; also included are pipelines designed
for the transmission of a "hazardous liquid," as defined by Title
49, Code of Federal Regulations, Section 195.2.
[Added 1-11-2021 by Ord.
No. 2021-02]
An area surrounding a tree or tree mass in which no construction,
construction activity or other disturbance shall take place.
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, which are revised
every three years, as the construction standard applicable with the
commonwealth floodplain construction. For coordination purposes, references
to the above are made specifically to various sections of the IRC
and the IBC.
An unenclosed portion of the area of a lot which is not devoted
to driveway, parking spaces, or principal structures, including common
buildings such as shelters, pavilions, or recreational structures
centrally located, accessible to occupants of the building or buildings.
The specific purpose for which land, sign, structure, or
building is designed, arranged, intended, or for which it may be occupied
or maintained, or any activity, occupation, business, or operation
which may be carried on thereon or therein. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
An exception, granted by the Zoning Hearing Board, from the
terms and conditions of this ordinance where literal enforcement would
create unnecessary hardship as a result of peculiar or unique conditions,
or circumstances pertaining only to the lot in question, and when
granting of the exception would maintain the spirit of the ordinance
and original intent and not be contrary to the public interest.
That channel on the land surface, or other plainly observable
evidence on the ground, where water flow is visibly definable, but
not necessarily present, as a result of seasonal or ongoing hydrologic
events, such as, but not including, runoff, melting, springs, or ponding.
Any and all rivers, streams, creeks, lakes, rivulets, dammed
water, ponds, springs, and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
in the boundaries of the Commonwealth of Pennsylvania.
ON-SITEA system for supplying and distributing water to a single dwelling or other structure from a source located on the same lot.
OFF-SITEA public or private system for supplying and distributing water from a common source to buildings and other structures, installed and constructed in accordance with the specifications of Aqua Pennsylvania.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
under normal conditions do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs, and similar areas. Wetlands include all lands regulated as wetlands
by the Pennsylvania Department of Environmental Protection or the
United States Army Corps of Engineers. In the event there is a conflict
between the definitions of these agencies, the more-restrictive definition
shall apply.
A tree mass or plant community covering an area of 1/4 of
an acre or more in which tree species are dominant or codominant and
the branches of the trees form a complete or nearly complete aerial
canopy. For the purposes of this ordinance, the extent of any woodland
plant community or any part thereof shall be measured from the outermost
dripline of all the trees in the community. Woodland shall include
any area where timber has been harvested within the previous three
years and/or woodland disturbance has occurred within the previous
three years which would have met the definition of woodland prior
to timbering or disturbance. Woodlands do not include nursery stock,
orchards, or old fields, except where natural succession has been
allowed to occur and where most naturally occurring trees are larger
than six inches dbh.
Any activity which alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, and woody and
herbaceous woodland floor species. It also includes any activity which
constitutes a land disturbance (exposes soils, alters topography)
within a woodland or hedgerow. Woodland disturbance does not include
the removal of vegetation that constitutes hazardous condition(s),
nor the selective cutting or removal of invasive alien trees, shrubs,
vines or herbaceous species.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot, and situated between the front
line of the lot and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street right-of-way
line. Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot, and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the building.
A building shall not extend into the required rear yard.
An open, unoccupied space on the same lot with the building,
situated between the building and the side line of the lot, and extending
from the front line to the rear lot line shall be deemed a side line.
A building shall not extend into the required side yards.
The agent or official designated by the Board of Supervisors
to administrate and enforce the Zoning Ordinance of the Township.
The Zoning Hearing Board of Uwchlan Township, Chester County,
Pennsylvania.
The Official Zoning Map of Uwchlan Township, Chester County,
Pennsylvania.
The Uwchlan Township Zoning Ordinance of 2009, as may be
amended from time to time.[4]
