[Ord. 95-07, 12/14/1995, § 200; as amended by Ord. 2003-01, 4/17/2003; by Ord. 2006-04, 9/20/2006, § 1.A; and by Ord. 2008-04, 11/19/2008, § 1]
1. 
Unless otherwise specifically stated, the following words and phrases shall be construed throughout this chapter to have the meaning indicated in this chapter:
A. 
The present tense includes the future; the singular includes the plural and the plural includes the singular; the masculine gender includes the feminine; the word "person" includes any individual, estate, trust, fiduciary, partnership, firm, association, corporation or organization; and the word "shall" is always mandatory.
B. 
The word "Township" means Franklin Township, Chester County, Pennsylvania; the term "Board" shall refer to the Board of Supervisors of Franklin Township; the term "Planning Commission" shall refer to the Planning Commission of Franklin Township; the term "Zoning Hearing Board" shall refer to the Zoning Hearing Board of Franklin Township; the term "Zoning Officer" shall refer to the Zoning Officer of Franklin Township; the term "Secretary" shall refer to the Secretary of Franklin Township; and the term "Township Engineer" shall refer to the official engineer for Franklin Township.
C. 
The word "including" shall not be limited to the specified example but is intended to extend its meaning to all other instances of similar kind and character.
[Ord. 95-07, 12/14/1995, § 201; as amended by Ord. 96-02, 12/12/1996, § 1; by Ord. 2001-06, 12/20/2001, § I; by Ord. 2001-07, 12/27/2001, § II; by Ord. 2002-01, 2/21/2002, § II; by Ord. 2002-05, 2/21/2002, § I; by Ord. 2003-01, 4/17/2003; by Ord. 2006-04, 9/20/2006, § 1.B; by Ord. 2007-06, 11/14/2007, § 1; by Ord. 2008-04, 11/19/2008, § 1; by Ord. 2008-06, 11/19/2008, § 1; by Ord. 2009-06, 9/16/2009, § 1; by Ord. 2011-06, 3/16/2011, § 5; and by Ord. 2011-10, 12/21/2011, §§ 1, 2]
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
ACCESSORY STRUCTURE
A structure subordinate and customarily incidental to the principal structure or use on a lot.[1]
ACCESSORY USE
A use subordinate and customarily incidental to the principal structure or use on a lot.
ACCESS POINT
A passage which provides for vehicular movement between a public road and a lot.
ACCESS ROAD
A passage which provides for vehicular movement between a public road and a minimum of two principal structures or uses on a lot.
ACT
The Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.
A1-30
Numbered A Zones (e.g., A7 or A14). This is the base floodplain where the FIRM shows a BFE (old format).
[Added by Ord. 2017-05, 9/20/2017]
ADDITIONAL DWELLING UNIT (ADU)
An area within a single-family residential dwelling that contains an additional kitchen, sleeping quarters, and a bathroom, or similar area in a separate detached accessory structure.
[Added by Ord. No. 2019-01, 1/16/2019]
AE
The base floodplain where base flood elevations are provided. AE zones are now used on new format FIRMs instead of A1-A30 Zones.
[Added by Ord. 2017-05, 9/20/2017]
AGRICULTURE
The cultivation of the soil and raising and harvesting of the products of the soil, including, but not limited to, nursery, horticulture, forestry, mushroom growing (including mushroom substrate production and utilization of mushroom compost in normal farming operations), and the breeding and raising of customary livestock, poultry, and their products, including horses.
[Amended by Ord. 2016-02, 4/20/2016]
AH
Areas with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from one foot to three feet. These areas have a 26% chance of flooding over the life of a thirty-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.
[Added by Ord. 2017-05, 9/20/2017]
ALLEY
Land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more lots to the rear and/or side of a building.
ALTERATIONS
Any change or rearrangement in the supporting members of an existing structure such as bearing walls, columns, beams, or girders, joists or rafters, as well as any change in exterior doors or windows, or any enlargement to or diminution of a structure, whether horizontally or vertically, or moving of a structure from one location to another.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined herein.
[Added by Ord. 2017-08, 9/20/2017]
ANTIQUE SHOP
A retail establishment where goods of an antiquarian nature are sold. Such shop offers items for sale that are considered to be of collectible, heirloom or heritage value due to their age, scarcity, significance, or artistic quality.
AO
River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from one foot to three feet. These areas have a 26% chance of flooding over the life of a thirty-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.
[Added by Ord. 2017-05, 9/20/2017]
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his or her heirs, successors and assigns.
APPLICATION
Any application, whether preliminary, tentative, or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for approval of a building permit, conditional use, special exception, subdivision plat or plan, or land development plan.
BASE FLOOD
A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or the "1% annual chance flood").
[Added by Ord. 2017-05, 9/20/2017]
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 1% or greater chance of being equaled or exceeded in any given year.
[Added by Ord. 2017-05, 9/20/2017]
BASEMENT
A level, enclosed area partly or completely below grade. It shall be considered a building story for the purposes of height measurement when more than 33% of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area.
BASEMENT (for floodplain purposes)
Any area of the building having its floor below ground level on all sides.
[Added by Ord. 2017-05, 9/20/2017]
BED-AND-BREAKFAST
A building occupied by a resident innkeeper containing nine or fewer guest rooms for the temporary lodging, no more than seven consecutive days, of guests for compensation and providing to the guests such lodging services as maid service and accessory eating and drinking facilities limited to the serving of breakfast.
BERM
A mound of earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting planted materials to aid in screening.
BLOCK
An area bounded by streets or a combination of streets, waterways and Township boundaries.
BREWERY
Manufacturer of malt or brewed beverages licensed by the Pennsylvania Liquor Control Board and operated in compliance with the Pennsylvania Liquor Code, 40 Pa. Code § 3.93, regulating breweries.
[Added by Ord. 2016-06, 7/20/2016]
BUFFER
An area which provides a year-round visual and/or sound attenuation between uses, through the application of such means as plantings, earthen berms, depressions, fences, and walls.
BUILD-TO LINE
The line which defines the placement of the building from the street on which the building fronts. The build-to line of the building forms the street wall line. On a corner lot, the build-to line is located on each side of a lot abutting a street.
BUILDING
A 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 HEIGHT
The vertical distance measured from the average level of finished exterior grade along all exterior walls of a building or other structure to:
A. 
The highest point of the roof exclusive of chimneys, antennas and alternative energy system components and other necessary mechanical equipment.
B. 
The average height between eaves and ridge in the case of a pitched roof.
C. 
The deck line in the case of a mansard roof.
BUILDING SETBACK LINE
An established line within a property defining the minimum required distance between any building or other structure to be erected and an adjacent property line.
BULK
The size of buildings or other structures and their relationships to each other, to open areas such as yards and to lot lines and therefore includes:
A. 
The size, including height and floor area, of buildings and other structures.
B. 
The relationship of the number of dwelling units in a residential building to the area of the lot.
C. 
All open areas in yard space relating to buildings or other structures.
CALIPER
The diameter of the main trunk of a tree. Caliper measurement shall be taken at a point on the trunk six inches above the natural ground line. If the result of this measurement is greater than four inches, then take caliper measurement at 12 inches above the natural ground line.
CERTIFICATE OF OCCUPANCY
A statement signed, issued and enforced by the Zoning Officer which confirms that a building or other structure complies with all requirements and regulations as provided and set forth in this chapter, as well as other applicable codes and that the same may be used for the intended purpose.
CIVIC ART
The vertical infrastructure comprised of features such as pavilions, pergolas, benches, sculpture gardens, fountains, monuments, and the like.
CIVIC USE
A meeting hall, fire station, mail facility, school, church, library, museum or other like type place that is a community facility within the TND District.
CLEAR-CUTTING
The indiscriminate removal of all trees on a site, or portion of a site.
CO-LOCATION
The placement or installation of a new wireless communication facility on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of a wireless communication facility if approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
[Added by Ord. 2017-08, 9/20/2017]
COMMERCIAL
A use of land, or improvements thereto, for the purpose of engaging in retail, wholesale or service activities for profit.
COMMERCIAL COMPOSTING PROCESSING OPERATION
Any mixing, combining, processing, aerating, packaging, shipping or similar use of any composting materials or storing processed compost for the purpose of sale or distribution. The term shall include all compost storage operations and land application of any composting materials, but shall not include manure resulting from an on-site agricultural use, nor manure product being spread on fields as fertilizer for agriculture. The term shall include spent mushroom growing substrate, as well as materials being processed to be used as fresh mushroom compost.
COMMERCIAL COMPOST, FERTILIZER OR MULCH OPERATION
The preparation, production, or processing of compost, fertilizer or mulch where none of the materials used in the preparation, production or processing of the compost, fertilizer or mulch are produced or grown on the property and none of the resulting compost, fertilizer or mulch is used on the property for the production or cultivation of livestock, crops, or organic commodities or otherwise used as part of a normal agricultural operation.
[Added by Ord. 2016-02, 4/20/2016]
COMMERCIAL USE
A retail use such as a shop or store, or any office use.
COMMUNITY FACILITIES
The services which provide for various community health, education, safety, leisure and like needs and the locations at which these services are provided. Community facilities may include schools, parks and recreation areas, libraries, hospitals and other health-care facilities, fire protection, police, ambulance and rescue service and postal services.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONDOMINIUM
A type of ownership and not a type of use, wherein each unit is owned in fee by its occupant, while the land and such appurtenances as driveways, parking areas, sidewalks, landscaping, recreational facilities, common areas, and on-site utilities remain under the ownership, with full responsibility for maintenance in the developer or any corporation holding title to such land and appurtenances.
CONDITIONAL USE
An activity which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within a district only when specific standards and criteria prescribed for such cases within this chapter are met. Conditional uses may be granted by the Board of Supervisors after public hearing(s) and review and comment from the Planning Commission.
CONVALESCENT HOME
An extended or intermediate care facility licensed or approved to provide rehabilitative or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
CONVENIENCE STORE
A retail activity designed to serve a local market which involves, but is not limited to, any of the following uses: delicatessen and small food and packaged goods market. May be combined with fuel-dispensing facilities where allowable by zoning.
COVERAGE, BUILDING
The ratio of the total ground floor area of all buildings and other structures on a lot to the lot area on which they are located.
COVERAGE, LOT
The total surface area of a lot which is covered by materials which do not absorb rainfall runoff, including parking areas, driveways, walks, buildings, and similar surfaces.
CULTURAL USE
A use by a nonprofit, historic, educational or like organization which is available to the general public in the form of a museum, botanical garden, zoo or like facility.
DAY-CARE HOME
A licensed home-based premises operated for profit or not for profit in which child or adult day care is provided at any one time to four, five, or six children who are not relatives of the caregiver. The caregiver must be licensed by the Commonwealth of Pennsylvania.
DAY-CARE CENTER
Any licensed premises in which child day care is provided simultaneously for seven or more children who are not relatives of the caregiver.
DBH
See "diameter at breast height."
DENSITY, GROSS
The allowable number of dwelling units per acre, calculated by dividing the total number of dwelling units by the net site area.
DENSITY, NET
The allowable number of dwelling units per developed acre, calculated by dividing the number of units by the total number of acres so developed, exclusive of open space, streets and easements and other protected areas.
DEVELOPABLE AREA
The developable area of a lot is determined by subtracting protected areas from the net site area.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision or land development, or other structure or use permitted by this chapter.
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.
[Amended by Ord. 2017-05, 9/20/2017]
DEVELOPMENT AREA
The area of a developed tract exclusive of open space, streets, easements, and other protected areas.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree trunk, measured at four feet from the ground surface at the point of the highest elevation in contact with the base of the trunk of such tree.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added by Ord. 2017-08, 9/20/2017]
DRIVEWAY
An improved cartway designed and constructed to provide vehicular movement between a street and a tract of land serving no more than two lots.
DWELLING
Any building or part thereof designed for or occupied exclusively as a residence for only one family maintaining a single housekeeping unit.
DWELLING, MULTIPLE-FAMILY
A building designed and occupied as a residence, containing three or more dwelling units. "Multiple-family" shall refer to any housing configuration including, but not limited to, apartments, townhouses and quadraplexes.
DWELLING, QUADRAPLEX
Four attached dwellings in which each unit has at least two open space exposures and shares one or two vertical walls with adjoining units and where no more than two units may lack street frontage. Each unit is contained on its own fee simple lot.
DWELLING, SINGLE-FAMILY
A building designed for and occupied as a residence, containing one dwelling unit and having no common or party wall with an adjacent dwelling. Yard area surrounds all sides.
DWELLING, TOWNHOUSE
A building designed for and occupied as a residence containing three or more dwelling units, with individual units located side by side in series sharing vertical common party walls. Each unit will be situated on its own fee simple lot. Yard area is located on a minimum of two sides. A townhouse shall be considered a form of multiple-family dwelling with regard to use regulations.
DWELLING, TWO-FAMILY DETACHED (DUPLEX)
A building designed for, and occupied as, a residence, containing two dwelling units stacked one on top of the other with a horizontal common or party wall. Yard area surrounds all sides.
DWELLING, TWO-FAMILY ATTACHED (TWIN)
A building designed for, and occupied as, a residence, containing two dwelling units located side by side with a vertical common or party wall. Yard area is located on three sides. Each unit is contained on its own fee simple lot.
DWELLING UNIT
A room or rooms within a building connected together, constituting a separate independent housekeeping establishment for a single-family, for owner occupancy, for rental, or lease. Units shall be physically separated from other units and shall contain independent cooking, sleeping and lavatory facilities.
EDUCATIONAL USE
Structures or uses specifically designed, arranged and intended for the purpose of education, including kindergarten, elementary and secondary schools, either private or public, including schools relating to religious organizations and vocational schools. Day-care homes and day-care centers are excluded from this definition.
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added by A.O.]
ENLARGEMENT
An addition to the floor area of an existing building; an increase of size of another structure, or an increase in that portion of a lot occupied by an existing use.
ENVIRONMENTAL IMPACT ASSESSMENT AND MITIGATION
An assessment and mitigation report in accordance with this chapter, which objectively describes, analyzes and documents both the beneficial and adverse impacts of a proposed subdivision and/or land development, and the measures to be undertaken to mitigate adverse impacts in accordance with the provisions set forth in this chapter.
EQUESTRIAN USE
An agricultural use that includes and is not limited to one or more the following types of activities specifically and solely related to horses, which may or may not involve payment.
[Amended by Ord. 2016-05, 4/20/2016]
A. 
INSTRUCTIONIndividual or group riding lessons on a horse at a private residence or specifically designated location, and/or nonmounted instruction.
B. 
EVENTSActivities involving horses, such as showing of horses, including participants and spectators, which may occur over several days.
C. 
RENTINGAn activity where horses can be rented for riding on that property or on nearby trails.
D. 
BOARDING/TRAININGThe sheltering of a horse, which may also include feeding, grooming, exercising, training, etc.
E. 
THERAPEUTIC RIDINGUse of a horse for assistance with drug rehabilitation, emotional/mental disorders, medical conditions, etc.
F. 
REHABILITATIONRelated to horses being treated for injury, health issues, and general well-being.
G. 
RIDINGAn activity where a person sits on a horse with or without a saddle.
H. 
DRIVINGAn activity that involves a horse and the use of a carriage or implement.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
EXCESS GROWTH
Any growth in vegetation more than 18 inches in height. Excess growth by this definition does not include ornamental shrubs and plantings, hardwood or softwood trees, any agricultural products, meadows or old fields. Excess growth shall also include any vegetation which impairs the vision or passage on any sidewalk or public right-of-way for pedestrian and vehicular traffic.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
[Added by Ord. 2017-05, 9/20/2017]
EXOTIC PET
A pet that requires any type of state or federal permit.
[Added by Ord. 2016-05, 4/20/2016]
FAMILY
Occupants of a dwelling unit under one of the following categories:
A. 
A single person.
B. 
Two or more persons related by blood, marriage, adoption, or minors under legal guardianship.
C. 
Not more than four unrelated persons living together as a single household unit.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
[Added by Ord. 2017-05, 9/20/2017]
FARMERS'/GROWERS' MARKET
A retail establishment at which fruits, vegetables, breads, eggs, milk, cheese, meat, flowers, and the like are sold by persons who typically grow, harvest, or process such items from their farm or agricultural operation.
FCC
Federal Communications Commission.
[Added by Ord. 2017-08, 9/20/2017]
FLOOD
A temporary inundation of normally dry land.
FLOOD, 100-YEAR
A flood of a magnitude that is likely to occur an average of once every 100 years. While the probability of its occurrence is 1% chance each year, the flood may occur in any year.
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 by Ord. 2017-05, 9/20/2017]
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 by Ord. 2017-05, 9/20/2017]
FLOODPLAIN AREA
A 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.
FLOODPROOFING
Any 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.
[Amended by Ord. 2017-05, 9/20/2017]
FLOODWAY
The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
FLOODWAY (for floodplain purposes)
The 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.
[Added by Ord. 2017-05, 9/20/2017]
FLOOR AREA, GROSS
Floor area is the sum of the area of all floors of a structure measured from the face of interior walls or from center lines of walls, separating two structures. In particular, floor area calculations include, but are not limited to, the following: basement space if it meets the requirements of a building story; stairwells, attic space, whether or not a floor space has been laid providing structural headroom of eight feet or more and elevator shafts, roofed terraces, breezeways and porches, provided that over 50% of the perimeter of these is enclosed. Any other floor space designed for the intended principal use no matter where it is located within the building. The area of accessory structures.
FLOOR AREA RATIO
The relationship between the size of all habitable structures and the size of a lot, measured by dividing the gross floor area of all habitable structures on a lot by the area of that lot.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
[Added by A.O.]
GARAGE, PRIVATE
An accessory structure or part of a principal structure or use used for the storage of motor vehicles owned and used by the owner or tenant of the premises and the storage of not more than two motor vehicles owned and operated by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC
A structure other than a private garage, one or more stories in height, used for the storage and/or parking of motor vehicles.
GASOLINE SERVICE STATION
An area of land, including buildings and other structures, used for the sale of gasoline and petroleum-based products.
GOLF COURSE AND GOLF CLUB USE
The use of land for the purpose of construction and creation of a course for the use in playing the game of golf, with tees and greens no fewer than 18 of each in number, such use may include accessory structures and uses such as club house with dining facilities, tennis courts and swimming facilities and other accessory structures and uses within the usual, normal and ordinary scope of golf course and golf club operations. Excluded from this definition shall be miniature golf courses, driving ranges, chip-and-putt courses or other similar golf amusement facilities.[2]
GREEN
A plaza, square, courtyard, pocket park, tot lot, playground, walkway, promenade, lawn area, or other outdoor space or common area in which features such as benches, gazebos, pergolas, trellises, planters, plantings, lighting, sculpture, and the like, are installed and maintained, and in which public seating, outdoor dining, and the like, takes place.
GREEN COURT LOT
A lot that has frontage on a green, not a street, as a compliant open space amenity in the TND District.
GROSS LOT AREA
The area of all lands contained within the legal metes and bounds of a lot.
[Added by Ord. 2015-02, 6/17/2015]
GROUP HOME
A licensed community-based living arrangement functioning as a single household and providing habilitating services, in accordance with 55 Pa. Code, Chapter 5310, Community Residential Rehabilitative Services for the Mentally Ill, or any other state or federal program pertaining to the housing for developmentally challenged individuals as regulated by the Federal Fair Housing Amendments Act.
HAZARDOUS MATERIALS
Substances that pose a risk to health, safety and property including explosives, various types of gas, solids, flammable and combustible liquid, and all materials included as of Hazardous Materials, Classes 1 through 9, as established by the U.S. Department of Transportation.
HAZARDOUS WASTE
Discarded material, including solid, liquid, semisolid or contained gaseous material, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
HEALTH OR RECREATION CLUB
A commercial business that offers active recreational or fitness facilities strictly to club members and their guests including, but not limited to, game courts, exercise equipment, locker rooms, a swimming pool, jacuzzi and/or sauna, and a pro shop.
HEDGEROW
A hedgerow is a linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted, e.g., as a windbreak. For the purposes of this chapter, hedgerows are considered woodlands and regulated as such.
HISTORIC STRUCTURE
Any structure that is:
[Added by Ord. 2017-05, 9/20/2017]
A. 
Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Identified by the Township of Franklin in their Historic Resources Survey;
D. 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
E. 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HOME IMPROVEMENT CENTER
A commercial business which sells paint, lumber, doors, windows, hardware, or other goods for domestic construction.
HOME OCCUPATION
An accessory use which is customarily carried on within a dwelling unit by one or more occupants of such dwelling in accordance with § 27-1709. Home occupations are accessory uses to the principal use of the premises for dwelling purposes. Second principal uses shall not be deemed home occupations solely by virtue of the fact that the owner and operator thereof resides on the premises. In all cases, the practitioner shall reside within the principal dwelling unit and the principal activity or use is that of a residence and not a business. No more than two persons who are not residents of the premises shall be employed in a home occupation. Home occupations may include and are limited to:
A. 
All uses shall be limited to a maximum of 25% of the gross floor area of the principal permitted building.
B. 
Small office uses, such as professional offices, manufacturer's representatives, real estate brokers.
C. 
Studio uses, such as artist studios, musician studios and handicraft shops.
D. 
Service uses, such as barber shops, tailor shops and the like (but excluding funeral directors and undertakers' establishments).
E. 
Educational uses, such as tutorial services, day care for not more than six persons at any one time, music, art or similar instruction for not more than three persons at any one time (but excluding equestrian training). The applicant shall obtain verification from the Department of Labor and Industry of exemption from jurisdiction or obtain required licensing.
(Also, see "no-impact home-based business.")
HOSPITAL
An institution where sick and injured persons are administered medical and/or surgical care. This term shall include both short-term and long-term facilities, including rest homes, nursing homes and medical clinics.
HOTEL
A building used for the purpose of furnishing temporary lodging to the public for compensation, with or without meals, and having lodging accommodations for 10 or more persons.
HYDRIC SOILS
Any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, (most current data available), or other information provided by the U.S. Natural Resources Conservation Service (NRCS). In Franklin Township, hydric soils shall include, but are not limited to:
Hydric Soils
Soils with Hydric Inclusions
Wehadkee silt loam (We)
Chewacla (Ch)
Worsham silt loam (WoA, WoB, WoB2, WoC2)
Congaree (Cn)
Glenville silt loam (GnA, GnB, GnB2, GnC2)
Glenville very stony silt loam (GsB)
Where site conditions indicate that the location of hydric soils or the hydric inclusions differ from locations indicated by the NRCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise, the NRCS information shall be presumed to be accurate. Where the applicant seeks reclassification of hydric soils and their location, such reclassification shall be undertaken by a certified soil scientist or other similarly qualified professional.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being inundated by the 100-year flood.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including, but not limited to, structures such as roofs, buildings, or storage sheds; and other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, tennis or other paved courts, or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this chapter, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case-by-case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc.
[Amended by Ord. 2015-02, 6/17/2015]
INVASIVE VEGETATION
Vegetation which is deemed harmful to existing vegetation and listed in the DCNR document "Invasive Plants in Pennsylvania," or most recent version thereof, such as: Multiflora rosa (Rosa multiflora), Autumn olive (Eleagnus umbrella), Japanese honeysuckle (Lonicera japonica), Oriental bittersweet (Celastrus orbiculatus), Norway maple (Acer platanoides), and Mile-a-minute weed (Polygonum perfoliatum).
JUNKYARD
An area of land, with or without holdings or other structures, used for outside storage of used or discarded materials, housing furnishings, machinery and vehicles or parts thereof. Toxic wastes, radioactive materials, poisons and other hazardous wastes which are potentially harmful to man are excluded from this definition.[3]
LAND DEVELOPMENT
Any 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 tenure.
(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, and for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
(3) 
The expansion of a nonresidential building or use in excess of 500 square feet.
(4) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into more than three residential units, unless such units are intended to be condominiums.
B. 
A subdivision of land.
LAND DISTURBANCE
Any activity which exposes soils, alters topography and/or alters vegetation, except for:
A. 
Removal of hazardous or invasive vegetation of an area no greater than 5,000 square feet and provided that erosion and sediment control measures are utilized (see definition of "woodland disturbance").
B. 
Landscaping alterations resulting in grade changes less than six inches from initial grade elevation and which does not contribute to or potentially cause adverse soil erosion or negative impact on neighboring properties.
LANDOWNER
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise their rights of the landowner, or other person having a proprietary interest in land.
LEED-ND (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN FOR NEIGHBORHOOD DESIGN)
A rating system, developed by the United States Green Building Council (USGBC), Congress for the New Urbanism (CNU) and Natural Resources Defense Council (NRDC), that integrates the principles of smart growth, new urbanism, and green building into a national standard for neighborhood location and design.
LIVE-WORK UNIT
A commercial use, such as a shop, studio, office, or other place of business in combination with a dwelling unit located above such place of business. A person or persons other than the proprietor of the business may occupy a live-work unit.
LIVESTOCK
Animals of any kind, such as horses, cattle, sheep, goats, poultry, etc., raised for a source of food, fiber, or work, excluding dogs.
[Amended by Ord. 2016-05, 4/20/2016]
LOADING SPACE
A space accessible from a street on a lot for the temporary use of vehicles for the purpose of loading and unloading merchandise or materials.
LOT
A parcel to be used, developed or built upon as a unit, which is separately described by metes and bounds within a legal description and recorded in the office of the Recorder of Deeds of Chester County within a deed or by an approved subdivision plan so recorded.
LOT AREA
The area of land included within the legal metes and bounds of a lot exclusive of all areas that are:
[Amended by Ord. 2015-02, 6/17/2015]
A. 
Existing road rights-of-way.
B. 
Proposed ultimate road rights-of-way.
C. 
Proposed drainage easements.
D. 
FEMA-defined floodplains.
E. 
Wetland areas [by indicator soil type(s) and/or delineation].
F. 
Watercourses.
G. 
Steep slopes (25% and greater).
LOT COVERAGE
That portion of a lot that is covered by impervious surfaces.
LOT LINE
A property boundary line of any lot held in single and separate ownership. The line shall reflect the legal description for the lot, except for that the line abutting a street shall be deemed to be the same as the street right-of-way line.
LOT LINE, FRONT
The line separating the lot from the street line.
LOT LINE, REAR
Any line, except the front line, which is parallel to, or within 45° of being parallel to and does not intersect any street line.
LOT LINE, SIDE
Any lot line which is not a front line or rear lot line.
LOT WIDTH
The horizontal distance between side lot lines measured at right angles to the lot depth at building setback line.
LOT, CORNER
A lot bounded on at least two sides by streets whenever the lines of such streets extend from 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.
LOT, INTERIOR
Any lot which only has access to a street by either an easement or right-of-way, or any lot which has limited frontage on a street serving solely for access to interior lands.
LOT, REVERSE-FRONTAGE
A lot extending between and having frontage on two generally parallel streets with vehicular access from only one street. Access shall be from a local street or alley rather than a collector or arterial street.
LOWEST FLOOR
The 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 nonelevation design requirements of this chapter.
LOWEST FLOOR (for floodplain purposes)
The lowest floor of the lowest fully enclosed area (including the 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 nonelevation design requirements of this chapter.
[Added by Ord. 2017-05, 9/20/2017]
MAILED NOTICE
Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added by A.O.]
MAJOR PLAN
A land development plan for subdivision of more than three lots, or disturbance to support residential and/or commercial use and amenities.
MAN-MADE SLOPE
An artificial topographic gradient created through man-made landform alteration such as a road embankment, terracing, or retaining walls. Such slopes shall not be considered steep slopes for purposes of Part 14, Steep Slope Overlay District.
MANUAL OF WRITTEN AND GRAPHIC DESIGN GUIDELINES
A document that provides written and graphic design guidelines for the TND District in accordance with Exhibit 27-A, Manual of Written and Graphic Design Guidelines for Kemblesville Village, as enabled by § 708-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10708-A.
MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent occupancy, that meets the Federal Manufactured Home Construction and Safety Standards Act, commonly referred to as the "HUD Code." Such dwelling is constructed in one or more sections, built on a permanent chassis, and affixed to a permanent foundation and utilities.
MANUFACTURED HOME (for floodplain purposes)
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Added by Ord. 2017-05, 9/20/2017]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
[Amended by Ord. 2017-05, 9/20/2017]
MANURE STORAGE AREA
An area where animal waste is kept on a temporary basis on the ground.
[Added by Ord. 2016-05, 4/20/2016]
MANURE STORAGE STRUCTURE
A structure that includes a constructed nonearthen pad and/or walls, where animal waste is kept on a temporary basis.
[Added by Ord. 2016-05, 4/20/2016]
MEDICAL/DENTAL CLINIC
A building used by at least three or more physicians, dentists, or licensed medical specialists for the examination and treatment of outpatients needing medical or dental care. Operations providing twenty-four-hour emergency services or overnight lodging of patients shall be considered a clinic.
MINOR PLAN
A minor plan is a plan for subdivision of three lots or less where no public improvements are proposed.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MITIGATION
An action undertaken to alleviate or lessen impact(s) of development in accordance with § 22-613, Environmental Impact Assessment and Mitigation Report.
MIXED USE
A combination of two or more uses in a building or on a lot.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two or more units designed to be joined into a single integral unit capable of again being separated for repeated towing, which arrives on 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.
MOBILE HOME LOT
A parcel of land in an approved mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection of a single mobile home. Lots may be leased or owned in fee simple.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
MODERATELY STEEP SLOPE
Any area defined as steep slope, where the slope measures from 15% to less than 25%.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
[Added by Ord. 2017-08, 9/20/2017]
MODULAR BUILDING
A building that is usually transported to its site on a steel frame or special trailer because it does not have a permanent chassis like a manufactured (mobile) home. A modular building is classified and rated under one of the other building types.
MONOPOLE
A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure to support communications antennas and connecting appurtenances.
[Added by Ord. 2017-08, 9/20/2017]
MOTEL
A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and parking space and offered principally for rental of sleeping accommodations for automobile travelers.
MOTOR CARRIER VEHICLE
A truck, truck tractor or combination having a gross weight or registered gross weight in excess of 17,000 pounds.
MOTOR VEHICLE AND EQUIPMENT SALES
The use of any structure, land area, or other premises for the display and sale of vehicles and equipment which are motorized including, but not limited to, passenger vehicles, farm implements, boats and lawn mowers.
MOTOR VEHICLE AND EQUIPMENT SERVICE
The use of any structure, land area, or other premises for the repair, maintenance and reconstruction of vehicles and equipment which are motorized including, but not limited to, passenger vehicles, farm implements, boats and lawn mowers.
MUNICIPAL USE
A use owned by the Township or operated on behalf of and under the auspices of the Township for the benefit of the Township such as: parks, playgrounds and other recreational and conservation areas, Township offices and facilities, and emergency services facilities.
MUSHROOM-GROWING SUBSTRATE
A specific growth medium prepared to supply the nutrients needed during the mushroom growth cycle.[4]
NEIGHBORHOOD CENTER
The section of a TND with commercial use(s).
NET SITE AREA
The land area contained within the boundaries of a parcel, or tract, exclusive of the areas of such permanent easements as are associated with provision of public or private utilities, as well as land within the right-of-way of existing public road or roads, that maybe required by Chapter 22, Subdivision and Land Development.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after June 16, 1982, and includes any subsequent improvements thereto.
NEW CONSTRUCTION (for floodplain purposes)
Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after the initial Flood Insurance Rate Map issued for the municipality and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
[Added by Ord. 2017-05, 9/20/2017]
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
[Added by Ord. 2017-05, 9/20/2017]
NO-IMPACT HOME-BASED BUSINESS
A 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 shall 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, lights, or business vehicles.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, colors 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 and may not occupy more than 25% of the habitable floor area.
H. 
The business shall not involve any illegal activity.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
A non-tower wireless communications facility, including, but not limited to, antennas and related equipment. Non-tower WCFs shall not include support structures for antennas and related equipment.
[Added by Ord. 2017-08, 9/20/2017]
NONCONFORMING LOT
A lot, the area, dimensions, or location of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located due to the adoption or amendment of the Zoning Ordinance.
NONCONFORMING STRUCTURE
A structure or part of a structure which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the area or bulk requirements of the zoning district in which it is located due to the adoption or amendment of the Zoning Ordinance. Nonconforming structures shall include, but not be limited to, nonconforming buildings and signs.
NONCONFORMING USE
A use whether of land or of a structure which does not comply with the applicable use provisions of this chapter or amendment, where such was lawfully in existence prior to the enactment of this chapter or subsequent amendment.
NORMAL AGRICULTURAL OPERATION
[Added by Ord. 2016-02, 4/20/2016]
A. 
The activities, practices, equipment and procedures that farmers adopt, use or engage in the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities and is:
(1) 
Not less than 10 contiguous acres in area; or
(2) 
Less than 10 contiguous acres in area but has an anticipated yearly gross income of at least $10,000.
B. 
The term includes new activities, practices, equipment and procedures consistent with technological development within the agricultural industry. Use of equipment shall include machinery designed and used for agricultural operations, including, but not limited to, crop dryers, feed grinders, saw mills, hammer mills, refrigeration equipment, bins and related equipment used to store or prepare crops for marketing and those items of agricultural equipment and machinery defined by the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm Safety and Occupational Health Act."[5] Custom work shall be considered a normal farming practice.
NOXIOUS WEEDS
Any plant that is determined and known to be injurious to public health, crops, livestock, agricultural land or other property. Noxious weeds shall include, but are not limited to, the following:
A. 
Cannabis sativa, commonly known as "marijuana."
B. 
Cichorium intybus, commonly known as "chicory" or "succory" or "blue daisy."
C. 
Cirsium arvense, commonly known as "Canadian thistle."
D. 
Rosa multiflora, commonly known as "multiflora rose."
E. 
Sorghum halepense, commonly known as "Johnson grass."
OLD FIELD
An area undergoing natural succession characterized by the presence of herbs, shrubs, and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.
ON-STREET PARKING
Parking that is adjoining the curb line of a street, and that is either parallel to or at an angle from the curb line.
OPEN SPACE, COMMON
An area of land to be maintained for the use and enjoyment of residents within a development or neighborhood. It shall consist of landscaped or natural terrain, including lakes and streams and related structures to fulfill its permitted function. "Common open space" shall not include street rights-of-way, off-street parking areas set aside for public facilities, public lands, private yard areas and lands used in the calculation of lot area for other structures and uses permitted by this chapter.
OPEN SPACE, USABLE
An enclosed portion of a common lot or area which is not devoted to driveways, structures, community utilities exclusive of drip irrigation fields, and other paved surfaces and improvements and is free of environmental obstruction such as rock outcroppings, slopes in excess of 25%, floodplain, riparian buffers and marshes. Usable open space shall be directly accessible to occupants entitled to use such and shall be suitable and designed for active and/or passive recreation.
OUTDOOR SHELTER FOR PETS
Any type of structure [portable or with a permanent foundation, such as a barn, stable, or prefabricated or site-built structures (such as turnout shelters, chicken coops, etc.)] used to house a pet on a temporary and/or permanent basis.
[Added by Ord. 2016-05, 4/20/2016]
PARKING LOT
An off-street, surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space.
PARKING RESERVE AREA
Land which is set aside for the development of additional off-street parking in the event the capacity of an existing parking lot is exceeded.
PARKING SPACE
An area, available for the parking of one motor vehicle, consisting of a dustless, all-weather surface and shall include either covered garage space or uncovered parking lot space located off the right-of-way. For the purpose of calculating space requirements, driveways on single-family lots can be considered.
PARTY WALL
A vertical or horizontal wall that separates two buildings.
PEDESTAL
A support or base typically made of stone or brick upon which a sign is located and that measures a minimum of 24 inches and a maximum of 30 inches on each side, and a maximum height of 24 inches.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL SERVICE SHOP
An establishment which provides services to include, but not limited to, bakery, beauty salon, barber, shoe repair service, laundry/dry-cleaning service and tailor.[6]
PET
An animal that is typically considered to be domesticated, that may also be considered as livestock, reside inside or outside, generally kept for pleasure, and generally not raised for resale.
[Added by Ord. 2016-05, 4/20/2016]
PETS, HOUSEHOLD, OUTDOOR
Animals that may normally be considered as livestock except that they are not raised for resale and further provided that the number and accommodations for such animals do not generate a health hazard or nuisance to adjacent residents with a maximum of four animals per acre or 10 total. The minimum lot size to maintain such animals is four acres.
PIER
A structure typically made of stone or brick that measures a minimum of 24 inches and a maximum of 30 inches on each side, and is a minimum of 42 inches and a maximum of five feet in height.
PLANNED UNIFIED DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under provisions of this chapter.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PORCH
An unenclosed extension of a building no smaller than seven feet deep by 14 feet wide.
PRIMARY FACADE
The facade of a building that fronts on a street. On a corner lot, there shall be two primary facades.
PRIME AGRICULTURAL LAND
Land as defined by the United States Department of Agriculture, Natural Resource and Conservation Services County Soil Survey to be of the first, second or third soil class and currently used for agriculture.
PRINCIPAL BUILDING
A building in which the principal use on the lot is conducted.
PROTECTED AREA
Any portion of any lot covered by any of the following:
A. 
The Flood Hazard District.
B. 
The Steep Slope Overlay District.
C. 
A wetland.
D. 
Watercourses.
E. 
Woodland, hedgerows.
PUBLIC IMPROVEMENT
Areas of land or water and any facility thereon used for public purposes, including streets, utilities, parks, playgrounds, trails, paths, other recreational areas or facilities, and other public areas, and the sites for schools, sewage treatment, refuse disposal, publicly owned or operated scenic and historic sites, and other publicly owned or operated facilities.
PUBLIC MEETING
A meeting conducted under the regulations stipulated by the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
PUBLIC NOTICE
A notice 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 a public hearing and the particular nature of the matter to be considered at the hearing. The first notice shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RECREATIONAL VEHICLE
A vehicle which is:
[Added by Ord. 2017-05, 9/20/2017]
A. 
Built on a single chassis;
B. 
Not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and
C. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RECYCLING FACILITY
A structure in which recoverable resources, excluding hazardous wastes, are collected, flattened, crushed, bundled and stored prior to shipment to others who will use the materials to manufacture new products. Examples of recoverable resources include newspapers, magazines, books and other paper products, glass and metal cans.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
REHABILITATION
The process of returning a property to a state of utility through repair or alteration, which provides for a contemporary use, while preserving those portions and features of the property which are significant to its history, architecture and cultural context.
RELIGIOUS USE
A nonprofit use of land or a structure as a place of worship, convent, monastery or similar religious institution, and associated structures.
RESIDENTIAL AREA
The area of any approved subdivision where one or more certificates of occupancy have been issued as well as any existing dwelling site on a subdivided lot.[7]
RESIDENTIAL STREETS
The portion of the Township roadway system paved for motor vehicle traffic traversing principally residential areas, including roadways in subdivisions and clusters of residential properties on other Township roads.
[Added by Ord. 2017-08, 9/20/2017]
RESTAURANT
A commercial establishment whose principal business is to sell unpackaged food ready for consumption by the customer, in individual servings or in nondisposable containers, where the customer consumes these foods while seated at tables or counters within the building.
RESTAURANT, FAST-FOOD
A commercial establishment that offers quick food service, which is accomplished through a limited menu of items prepared and held for service, or prepared quickly, or heated exclusively in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers or accommodating drive-through service for off-site consumption.
RESTORATION
The act of bringing a site back to its preexisting state.
RETAINING WALL
A structure that is constructed between lands of different elevations used to stabilize the surfaces, prevent erosion, and/or protect structures.
RETAIL USE
A building that houses a shop, store or like-type establishment, that offers goods and products for retail sale to the general public.
RIGHT-OF-WAY
The total width of the land area reserved or dedicated for a street, crosswalk or other public or private purpose.
RIPARIAN BUFFER
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. (See § 27-2503, Subsection 5A(3) for requirements where a vegetated buffer does not exist prior to proposed development.) For the purposes of this chapter, the riparian buffer shall be divided into two zones:
A. 
Zone One: Inner Riparian Buffer. This zone begins at the top of each stream bank of an identified watercourse and occupies a margin of land with a minimum width of 35 feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank, as reviewed and approved by the Township Engineer. Where severely steep slopes (over 25%) are located within 35 feet of a watercourse, Zone One shall extend the entire distance of this sloped area.
B. 
Zone Two: Outer Riparian Buffer. This zone begins at the outer edge of Zone One and occupies a maximum width of 65 feet in addition to Zone One.
(1) 
In cases where Zone One extends beyond 35 feet due to the presence of severely steep slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a total width of 100 feet.
(2) 
Where the entire width of the Zone Two Riparian Buffer is not wooded, the outer edge, up to the maximum 100-foot width, shall be maintained as a filter strip of dense grass or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow.
Riparian Buffer Zones
027a Riparian Buffer Zones.tif
Source: Chester County Planning Commission, 2007
ROOMING HOUSE
A building or parts of a building occupied by four or more persons for living and sleeping purposes, unrelated to the tenant or occupant residing on the premises for income purposes. The term includes boarding and lodging houses for accommodations exceeding a one-week period.
RURAL ROADS
Local roads consisting of two lanes and having a characteristic curving alignment.
SANITARY LANDFILL
A 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.
SCENIC ROADS MAP
This map indicates the locations of all scenic roads and shall be considered an addendum to the Zoning Map of Franklin Township. The Scenic Roads Map is incorporated by reference into this chapter and made a part hereof.
SCREENING
The use of plant materials, fencing and/or earthen berms to aid in the concealment of such features as parking areas and vehicles within them and to provide privacy between two or more different land uses which abut one another.
SELECTIVE CUTTING
The felling of certain, but not all trees, in an area for the purpose of removing dead, diseased, damaged, mature, or marketable timber or for improving the quality of a tree stand. The removal of more than 35% of trees in an area shall be defined as "selective harvesting" and the requirements for a timber harvesting operation shall apply.
SEVERELY STEEP SLOPE
An area defined as steep slope, where the slope measures 25% or greater.
SEWAGE FACILITIES
A. 
INDIVIDUAL SYSTEMThe disposal of sewage by use of cesspools, septic tanks, or other safe and healthful means, approved by Chester County Health Department. Such system shall be totally within the confines of the lot where the use is located.
B. 
COMMUNITY SEWAGE COLLECTION TREATMENT AND/OR DISPOSAL SYSTEMA sanitary sewage system which carries sewage from individual discharges by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on-site or off-site and shall be approved by the Pennsylvania Department of Environmental Protection.
C. 
PUBLIC SEWAGE SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SHOPPING CENTER
A unified, multiple use of a single tract for the retail sale of goods including provisions for off-street parking provided on the property to include, but not be limited to, deli, florist, ice cream parlor, clothing store, video store, bookstore and personal services shops.
SIGHT DISTANCE
The maximum extent of unobstructed vision at intersections, in a horizontal or vertical plane, along a street from a vehicle located at any given point on the street.
SIGN
Any letter, work, model, device, symbol or representation intended as an announcement, direction, or advertisement and may be either freestanding, attached to another structure, or painted or affixed on the exterior wall of a building.
SIGN AREA
The 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 framework, 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, BUSINESS
A sign which offers services or goods available on the lot which the sign is located.
SIGN, DIRECTIONAL
An 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, DOUBLE-FACED
A sign which has two sign faces that are parallel, precisely matching in size and shape, and no more than 12 inches apart.
SIGN, FREESTANDING
A sign supported by, suspended from, or attached to a column, pole, pedestal or other similar support(s) located in or upon the ground, and independent of any building. Freestanding signs shall only be ground signs or pole signs as follows:
GROUND SIGN – A freestanding sign supported by footings, pedestal, uprights or braces in which the highest point of the sign area is no more than six feet above grade.
POLE SIGN – A freestanding sign mounted on a pole, column or other similar support(s) where the lowest point of the sign area is no less than seven feet above grade and the highest point is no more than 12 feet above grade.
SIGN, OFFICIAL
A sign erected by the state, county, Township or other legally constituted governmental body.
SIGN, OUTDOOR ADVERTISING
A sign that which promotes services, activities, or goods produced, sold or offered at a location other than the lot on which the sign is located.
SIGN, TEMPORARY
A sign designed to be displayed for less than 60 days including premises for sale, advertisements during construction and political signs.
SINGLE AND SEPARATE OWNERSHIP
The possession of real estate by one or more persons with vested interest which is separate and distinct from that of any adjoining property.
SIGNIFICANT TREE
Any tree having a dbh of more than 12 inches.
SPECIAL EXCEPTION
Permission, approval or authorization granted by Zoning Hearing Board for particular uses in accordance with the provisions of Part 22, 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 by Ord. 2017-05, 9/20/2017]
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of, a floodplain.
SPECIALTY STORE
An establishment which sells particular goods and services in small quantities directly to the general public. Specialty stores include a gift, art, craft, or antique shop, and cottage industries.
SPECIES OF SPECIAL CONCERN SITES
Sites which have been identified on the Pennsylvania Natural Diversity Inventory (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 threatened or endangered species of flora and/or fauna have been documented.
SPECIMEN
Vegetation characterized as having strong ornamental, aesthetic or habitat value.
SPECIMEN TREE
Any tree greater than 24 inches dbh shall be considered a specimen tree, with the exception of invasive trees including Norway maple (Acer platanoides), Princess tree (Paulownia tomentosa), and Tree-of-heaven (Ailanthus altissima). In the context of a subdivision or land development review or in consideration of any application for approval of special exception, variance, or conditional use, and upon the recommendation of a qualified arborist, botanist, forester or equivalent professional, the Township may designate as additional specimen trees, any tree or other plant selected as uniquely representative of a class or group in terms of size, shape, form, age, historical importance, scenic qualities, visual prominence or other characteristics. Trees or other plants determined to be dead or diseased or in any manner constituting a safety hazard shall not be considered specimen trees.
SPECIMEN VEGETATION
Includes unique, rare or otherwise specifically selected trees or vegetation which most typically represent a whole class or group, specifically in shape, form, or historical importance. Any tree or other vegetation determined to be of specimen quality as determined by a registered landscape architect or other qualified professional acceptable to the Township.
SPENT MUSHROOM COMPOST
Any material or substance, which remains, or is no longer required in the mushroom growing process, after the production and/or mushroom growing cycle is complete, which means that no fresh mushrooms remain ready for harvest.
STACKING SPACE
An area incorporated into the design of a parking lot, loading area, drive-through service, or self-serve facility which will accommodate vehicles waiting for the next available space.[8]
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Added by Ord. 2017-05, 9/20/2017]
STEEP SLOPE
A natural geographical area, whether on one or more lots, which has a ratio of vertical distance to horizontal distance of greater than 15%, based on two-foot contour interval, and measured over a minimum of three contours (six feet) and 500 square feet of area.
STORAGE FACILITIES
Structures which may be divided into three or more individual compartments intended for individual rental for storage of personal items.
STORY
The portion of a building located between the surface of any floor and the surface of the ceiling or roof next above.
STREET
A public or private right-of-way used or intended to be used as a means of vehicular or pedestrian travel furnishing access to abutting properties. The term "street" shall include, but not be limited to, the words "road," "highway," "thoroughfare," "expressway," "avenue," "boulevard," "court," "lane," "alley" and "way."
STREET, CENTER-LINE
A line which is an equal distance from both street lines.
STREET LINE
The legal right-of-way line of a public or private street.
STREET WALL
The wall created by buildings located close to a street right-of-way; or architectural and landscape architectural elements such as walls, pillars, piers, colonnades, arcades, and fences in lieu of a building wall when an existing building is already set back from the street wall line. Street trees and hedges may be considered as street wall elements when in combination with walls, pillars, piers, fences, and the like.
STREETSCAPE
The space formed by buildings located close to or adjoining the street, which is embellished with sidewalks, street trees, street lights, curbs, on-street parking, and cartways. The streetscape is framed by buildings which create the "outdoor room" character of a traditional neighborhood.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include, but is not limited to, buildings, sheds and garages.
STRUCTURE (for floodplain purposes)
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
[Added by Ord. 2017-05, 9/20/2017]
SUBDIVISION
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 new and existing residential or agricultural structures, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
[Added by Ord. 2017-05, 9/20/2017]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement 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" or "cumulative substantial damage" regardless of the actual repair work performed. The term does not, however, include 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.
[Added by Ord. 2017-05, 9/20/2017]
SWIMMING POOL
An enclosure, designed to be filled with water, permanently constructed or portable, with sides having a depth of more than 18 inches below the level of the immediate surrounding grade, or an aboveground pool having a depth of more than 30 inches, designed, used and maintained for swimming and recreation.
TIMBER HARVESTING OPERATION
The uprooting or removal of five or more trees per acre, of six inches or greater dbh, from any lot for the purpose of allowing or encouraging the natural regeneration or preservation of a tree stand, on a lot which has a gross area prior to any subdivision or land development of more than three acres and which is undertaken in compliance with an approved timber harvesting plan. "Forestry," as defined by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, shall also be considered a tree harvesting operation and shall require the submittal and approval of a timber harvesting plan. (See also "selective cutting.")
TIMBER HARVESTING PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a professional forester with demonstrable expertise in forest management including a degree in forestry from a college accredited by the Society of American Foresters, and shall document measures to be taken to control erosion and sedimentation; protect water quality; minimize impacts from skid trails and logging roads, land areas, and the tree removal process; and ensure site restoration.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
[Added by Ord. 2017-08, 9/20/2017]
TRACT
One or more parcels assembled for the purpose of unified development, including a planned residential development, shopping center, office or industrial park.
TRACT AREA
The total land area within the tract as defined by the metes and bounds description.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
A form of land development in accordance with Part 9 of this chapter, and consistent with TND as per Article VII-A of the Pennsylvania Municipalities Planning Code (MPC), 53 P.S. § 10701-A et seq.
TREE PROTECTION ZONE
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be measured as the area within 15 feet of the trunk of the tree to be retained, or the distance from the trunk to the dripline plus an additional two feet, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees. See also Part 25 of this chapter.
Tree Protection Zone
027b Tree Protection Zone.tif
UNIFORM CONSTRUCTION CODE
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE
Permission, 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 Part 22.
VINEYARD
Ground planted with grapevines cultivated for the purpose of commercially producing wine. A vineyard is an agricultural use where grapes and/or other wine-producing crops are grown. A vineyard used exclusively for the production of grapes and/or other wine-producing crops is an agriculture use.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Added by Ord. 2017-05, 9/20/2017]
WATER SUPPLY
A. 
INDIVIDUAL SYSTEMA safe and healthful supply of water to a single user from a private well located on the lot on which the use is located.
B. 
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources, available to all dwellings and buildings within an approved service area. The system shall be approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. The water supply source may be located on-site and/or off-site.
WATERCOURSE
A watercourse is a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WETLANDS
All lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers. In the event there is a conflict between the definitions of these agencies, the more restrictive definition shall apply.
WETLAND MARGINS
A wetland margin is the transitional area extending from the outer limit of a wetland. Where hydric soils are present, the wetland margin shall extend to the limit of the hydric soils or to 75 feet, whichever is less. Regardless of the presence of hydric soils, the wetland margin shall always extend at least a minimum width of 25 feet from the edge of the wetland boundary.
WHITE CLAY NATIONAL WILD AND SCENIC RIVER CORRIDOR
The area designated by the White Clay Creek Wild and Scenic Rivers System Act (P.L. 106-357) of October 2000[9] for outstanding scenic, recreational, and ecological value. The outer limits of the designated area are defined by lateral boundaries, measured 250 feet from the ordinary high-water mark on both sides of all segments designated by the act, including the east, middle and west branches of the White Clay Creek in Franklin Township.
WINERY
A place where wine is produced and bottled. A winery processes grapes and other fruit products, vegetables or honey to produce wine or similar spirits. Processing includes crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery, warehousing and wholesale sales.
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added by Ord. 2017-08, 9/20/2017]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
[Added by Ord. 2017-08, 9/20/2017]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility, electrical transmission tower, water tower or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
[Added by Ord. 2017-08, 9/20/2017]
WOODLANDS
A tree mass or plant community in which tree species are dominant or co-dominant, the branches of the trees form a complete, aerial canopy. Any area, grove, or stand of mature trees, i.e., larger than six inches dbh, covering an area of 1/4 of an acre or more, or consisting of more than 10 individual trees larger than six inches dbh, shall be considered a woodland. For the purposes of this chapter, 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 which would have met the definition of "woodland" prior to timbering or disturbance. Woodlands do not include orchards or old fields.
WOODLANDS DISTURBANCE
A. 
Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs, vines, and herbaceous woodland floor species; any activity which constitutes a land disturbance within a woodland or hedgerow; woodland disturbance does not include:
(1) 
The selective cutting or removal of invasive species; nor
(2) 
Removal of vegetation which constitutes hazardous conditions.
B. 
Where woodland disturbance is regulated as a timber harvesting operation, such operation shall not be separately regulated as a woodland disturbance.
YARD
A portion of a lot which is occupied and open and extends from all lot lines to the building.
YARD, FRONT
A yard extending the full width of the front lot line and extending in depth from such lot line to the nearest point of any building on the lot.
YARD, REAR
A 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 point of any building on the lot with the exception of corner lots.
YARD, SIDE
A yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any building on the lot.
[1]
Editor's Note: The former definition of "accessory dwelling accommodations," which immediately preceded this definition, was repealed by Ord. No. 2019-01, 1/16/2019.
[2]
Editor's Note: The former definition of "granny flat; mother-in-law suite," which immediately followed this definition, was repealed by Ord. No. 2019-01, 1/16/2019.
[3]
Editor's Note: The definitions of "kennel" and "kennel, commercial," which immediately followed this definition, were repealed 4/20/2016 by Ord. 2016-05.
[4]
Editor's Note: The definitions of "mushroom growing substrate preparation," "mushroom substrate processing, advanced technology," and "mushroom substrate processing, state of the art technology," which immediately followed this definition, were repealed 4/20/2016 by Ord. 2016-02.
[5]
Editor's Note: See 3 P.S. § 1901 et seq.
[6]
Editor's Note: The definition of "pets, household, indoor," which immediately followed this definition, was repealed 4/20/2016 by Ord. 2016-05.
[7]
Editor's Note: The former definition of "residential conversion," which immediately followed this definition, was repealed by Ord. No. 2019-01, 1/16/2019.
[8]
Editor's Note: The definitions of "stable" and "stable, commercial," which immediately followed this definition, were repealed 4/20/2016 by Ord. 2016-05.
[9]
Editor's Note: See 16 U.S.C. § 1274.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008, § 1]
The following abbreviations and acronyms are used in this chapter:
AR: Agricultural/Residential District
BMP: Best Management Practice
C: Commercial District
CNU: Congress of the New Urbanism
COLDS: Community On-Lot Disposal Systems
Dbh: Diameter at Breast Height
DCNR: Pennsylvania Department of Conservation and Natural Resources
DEP: Pennsylvania Department of Environmental Protection
EIAM: Environmental Impact Assessment and Mitigation Report
FH: Flood Hazard District
FIH: Forest Interior Habitat
GIS: Geographic Information Systems
HDR: High-Density Residential District
HUD: U.S. Department of Housing and Urban Development
LDR: Low-Density Residential District
LEED-ND: Leadership in Energy and Environmental Design for Neighborhood Development
LI: Limited Industrial District
MDR: Medium-Density Residential District
MPC: Pennsylvania Municipalities Planning Code
NRCS: Natural Resources Conservation Service
NRDC: Natural Resources Defense Council
OLDS: On-Lot Disposal Systems
SS: Steep Slope Overlay District
SU: Special Use District
TDR: Transfer of Development Rights
TIS: Traffic Impact System
TND: Traditional Neighborhood Development
TPZ: Tree Protection Zone
USGBC: U.S. Green Building Council
V: Village District