As used in this chapter, words expressed in
the singular include their plural meanings, and words expressed in
the plural include their singular meanings. The word "used" shall
include the words "arranged," "designed" or "intended to be used,"
and the word "building" shall include the word "structure." The present
tense shall include the future tense.
Unless otherwise expressly stated, the following
words and phrases shall, for the purpose of this chapter, have the
meanings herein indicated:
ABANDONMENT
An intentional and absolute relinquishment and cessation
of a use for any period of time without intention to resume said use
or the voluntary discontinuance of a use for a continuous period of
one year without reference to intent.
ACCESSORY APARTMENT
A dwelling unit constituting an accessory use to and physically
a part of a principal single-family residence.
[Added 9-26-1995 by Ord. No. 7-1995]
ACCESSORY STRUCTURE
Any structure on the same lot with a main or principal structure
and of nature and use for purposes customarily incidental and subordinate
to the main or principal structure thereon.
ACCESSORY USE
A use on the same lot with a main or principal use and of
a nature customarily incidental and subordinate to the main or principal
use of the land or of a building thereon.
ADULT ENTERTAINMENT
Any store or shop where the principal use is devoted to the
display and selling of pornographic materials which are pictures,
drawings, photographs, films, or other depictions or printed matter
and paraphernalia which, if sold knowingly to an individual under
the age of 18 years of age, would violate the criminal laws of the
Commonwealth of Pennsylvania in effect at the time thereof; a business,
club, cabaret, nightclub, movie theater, bar or similar establishment,
either live or media, which offers its patrons services, entertainment,
or retail goods or commercial services characterized by an emphasis
on activities or matter depicting, describing, relating to, or displaying
sexual or erotic activities.
[Added 1-24-2011 by Ord. No. 2-2011]
AGRICULTURAL COMMODITY
Any of the following transported or intended to be transported
in commerce:
[Added 9-1-2022 by Ord.
No. 2-2022]
A.
Agricultural, aquacultural, horticultural, floricultural, viticultural,
or dairy products.
B.
Livestock and the products of livestock.
C.
Ranch-raised fur-bearing animals and the products of ranch-raised
fur-bearing animals.
D.
The products of poultry or bee raising.
E.
Forestry and forestry products.
F.
Any products raised or produced on farms intended for human
consumption and the processed or manufactured products of such products
intended for human consumption.
AGRICULTURE
[Amended 9-1-2022 by Ord.
No. 2-2022]
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 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. Custom work shall not be considered a normal farming practice.
AIRPORT
A landing area which may be used for any type of commercial
or noncommercial flight operations, including private, charter, leasing
of aircraft, aircraft sales, aircraft rental, flight instruction,
airfreight, aircraft maintenance and repair, or any other flight activities.
[Added 11-8-2004 by Ord. No. 11-2004]
ANTENNA
A 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 as defined below.
[Added 7-21-1998 by Ord. No. 6-1998;
amended 1-25-2016 by Ord. No. 2-2016]
BASEMENT
A level partly underground but having at least 1/2 its height
(measured from finished floor to finished ceiling) above the average
grade of the adjoining ground. A basement shall be counted as a story
for purpose of height measurement if the vertical distance between
the ceiling and the average level of the adjoining ground is more
than four feet or used for business or dwelling purposes, other than
a game or recreation room and/or a garage.
BASE SITE AREA
The amount of land remaining when existing and proposed road
and utility rights-of-way are subtracted from the gross tract area.
[Added 6-28-1999 by Ord. No. 2-1999]
BASE ZONING
The classification of all land within Willistown Township,
in accordance with the Zoning Map of Willistown Township.
BASIC STRUCTURAL ALTERATION
Any enlargement of a building, whether by extending on any
side or by increasing in height, or the moving of a building from
one location to another.
BED-AND-BREAKFAST
A building used for the purpose of furnishing temporary lodging
to guests, together with food service to such guests, limited to breakfast
and sometimes lunch or afternoon tea, prepared and served on-site
only to such guests, and having an owner or manager in residence on
the property. Such temporary lodging would normally be for a few nights
and typically would not exceed a week; in no case shall a guest stay
longer than 10 consecutive nights at any one time.
[Added 6-11-2001 by Ord. No. 3-2001]
BOARD
The Board of Supervisors of Willistown Township, except where
otherwise specifically indicated as referring to the Zoning Hearing
Board.
[Added 10-27-1992 by Ord. No. 1-1992]
BUFFER PLANTING STRIP, BUFFER STRIP OR SCREEN
A strip of required yard space adjacent to a use or facility within a property or to the boundary of a property or district, as designated in Chapters
73,
123, and
139, which is landscaped for the full width (or as otherwise specified in Chapter
73) and on which is located a visual barrier of sufficient density not to be seen through and of sufficient height to constitute an effective screen and give immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense trees and shrubs consistent with the requirements of Chapter
73, Article
X.
[Amended 3-14-2016 by Ord. No. 5-2016]
BUILDING
Refers to an entire structure enclosing space for residential,
commercial, industrial or storage use or other purpose as defined
by its exterior walls or to a part of a building intended for use
independent of the use of other parts, depending on context. "Building
subdivision" shall mean a part of a building bounded by exterior and
fire walls. "Building cluster" shall mean the space enclosed by exterior
walls of a building, including any and all of its subdivisions. Detached
buildings share or contain no fire wall. Semidetached buildings share
or contain one and only one fire wall. Attached buildings share or
contain at least one fire wall.
BUILDING AREA/COVERAGE
The aggregate of the maximum horizontal cross-section areas
of all the buildings on a lot, excluding cornices, eaves, gutters,
chimneys projecting not more than 18 inches, bay windows not extending
through more than one story and not projecting more than five feet,
uncovered steps and balconies, but including porches, breezeways,
sheds, garages, and carports.
[Amended 3-13-2023 by Ord. No. 2-2023]
BUILDING LINE
A line parallel to the street right-of-way line at a distance
therefrom equal to the required depth of the front yard or setback
from the adjacent street, except in the case of an interior lot not
fronting on a street for its full width, in which case the building
line shall be a line parallel to the street right-of-way at a distance
from the property line nearest to the street equal to the required
depth of the front yard or setback.
CELLAR
A level of a building having 1/2 or more of its height (measured
from finished floor to finished ceiling) below the average finished
grade of the adjoining ground. A cellar shall not be considered a
story in determining the permissible number of stories.
CLUB or LODGE
A noncommercial social, professional or philanthropic organization
characterized by the payment of dues, regular meetings and a constitution
and bylaws. A building is used for club or lodge purposes when it
serves as a meeting place for such organization and is not an adjunct
to or operated by or in connection with a public tavern, cafe or other
commercial or public place, although it may be used for recreational
and/or dining facilities limited to the membership and their guests.
[Added 10-22-2007 by Ord. No. 8-2007]
CLUSTER DEVELOPMENT
A development of dwellings on lots, some or all of which
are smaller than is otherwise required by the base zoning, incorporating
within the development areas of open space.
CO-LOCATION OR CO-LOCATED
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one nontower WCF.
[Added 1-25-2016 by Ord. No. 2-2016]
COMMERCIAL SOLAR ENERGY SYSTEM
An electric generating facility whose main purpose is to
generate and supply electricity, and consisting of a solar panel array,
docking station, and other accessory structures or buildings, including
substations, electrical infrastructure, transmissions lines, and other
appurtenant structures and facilities.
[Added 2-14-2011 by Ord. No. 1-2011]
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding, with
a structure designed and constructed so as to prevent the passage
of water and water vapor.
CONDITIONAL USE
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain localities within
the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the Board of Supervisors after a public hearing
and review and comments from the Planning Commission.
CONTRIBUTING HISTORIC RESOURCE(S)
A resource in a registered historic district or historic
complex which is filed with the Bureau for Historical Preservation
of the Pennsylvania Historical and Museum Commission as supporting
the district's or complex's historical significance through location,
design, setting, materials, workmanship, feeling and association.
[Added 7-8-1986 by Ord. No. 7-1986]
CONTRIBUTING STRUCTURE
A building or structure adding to the historic significance
of an historic resource, property, neighborhood or district.
[Added 6-11-2001 by Ord. No. 3-2001]
CULTURAL LANDSCAPE
A natural setting, the appearance of which represents the
historic settlement pattern and development of a community. Such settings,
which may or may not contain an historic structure, often reflect
certain time periods of local significance. When applied to historic
structures, a cultural landscape also includes the setting of the
structure and its contribution to the integrity of the structure.
Examples include, but are not limited to, historic structures surrounded
by large specimen trees, scenic vistas encompassing historic farmsteads
and hedgerows, stone walls or ruins against a backdrop of equestrian
activity and rural roads framing historic villages.
[Added 6-28-1999 by Ord. No. 2-1999]
DAY-CARE CENTER
Land and buildings where daytime care and/or instruction
is provided for seven or more individuals, and including staffed professional
supervision necessary to serve such purposes. Such use may, but need
not, be in support of and operated by another nonresidential use.
Operation of a day-care center may be by a public agency, a private
nonprofit organization or a private commercial entity, and shall be
licensed by a the Commonwealth of Pennsylvania. This term shall include
"child-care center."
[Added 10-27-1997 by Ord. No. 5-1997]
DEDICATED PASTURE
Open, uncultivated land consisting of perennial grasses,
free of environmental constraints, which is specifically used for
grazing livestock or horses.
[Added 6-25-2001 by Ord. No. 4-2001]
DEMOLITION or DEMOLISH
The razing or destruction, whether entirely or in significant
part, of the exterior of a building, structure or site. Demolition
includes the removal of a building or structure from its site or the
removal, stripping, concealing or destruction of the facade or any
significant exterior architectural features which are integral to
the historic character of the resource, for whatever purpose, including
new construction or reconstruction.
[Added 6-11-2001 by Ord. No. 3-2001]
DEVELOPABLE LAND
The amount of land available for development as determined
by subtracting the total protected land from the base site area.
[Added 6-28-1999 by Ord. No. 2-1999]
DEVELOPMENT
Any man-made change to improved or unimproved real property,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land.
DISPENSARY, MEDICAL MARIJUANA
A person, including a natural person, corporation, association,
trust or other entity, or any combination thereof, which holds a permit
issued from the Department of Health under Act 16 of 2016, the Medical
Marijuana Act, to dispense medical marijuana. The term does not include
a "health care medical marijuana organization" under Chapter 19 of
the Act.
[Added 7-10-2017 by Ord.
No. 4-2017]
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 1-25-2016 by Ord. No. 2-2016]
DOCKING STATION
The foundation or support structure and appurtenances to
which the solar panel array is secured on site.
[Added 2-14-2011 by Ord. No. 1-2011]
DRIVE-THROUGH FACILITY
A facility allowing transactions for goods or services without
leaving a motor vehicle.
[Added 10-22-2007 by Ord. No. 8-2007]
DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete kitchen and housekeeping facilities, designed for and occupied
exclusively by only one family including any domestic servants living
or employed on the premises) with no enclosed space (other than vestibules,
entrances or other hallways or porches) in common with any other dwelling
unit. Dwelling units may be contained in the following structures,
which are themselves defined as follows:
[Amended 3-13-2023 by Ord. No. 2-2023]
B.
MULTIFAMILY DWELLINGSA building, situated on and permanently attached to a lot, designed for and/or occupied exclusively as a residence for two or more families living independently of each other. A multifamily dwelling shall include but not be limited to traditional apartment buildings, townhouses, duplexes, quadruplexes and any such other architectural design as is intended to house more than one family in separate dwelling units within a single building or building cluster.
EDUCATIONAL USE
Use of land or a building or buildings as or for an institution
not for profit but for the establishment and maintenance of a public
or private college, secondary or elementary school or other educational
institution for the academic instruction and cultivation of the mind
and/or the inculcation of a clearer sense of moral and spiritual values
and not including an institution or organization directed primarily
to the physical training or development of physical or manipulative
skills and not to include any organization organized as such solely
or primarily for the purpose of evading this chapter.
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public, provided that in residence districts
an electric substation shall not include rotating equipment, storage
of materials, trucks or repair facilities, housing of repair crews
or office or place of business.
EMERGENCY
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 1-25-2016 by Ord. No. 2-2016]
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage, with a structure
substantially impermeable to the passage of water.
FAMILY
Any number of individuals living together as a single, nonprofit
housekeeping unit and doing their cooking on the premises, which said
individuals are related by blood, marriage or adoption, including
any number of foster children under the care of foster parent(s);
or no more than five unrelated individuals living together as a single
nonprofit housekeeping unit and doing their cooking in one kitchen
on the premises. This definition does not include the occupants of
a club, fraternity house, lodge or boarding-, lodging or rooming house,
or persons accommodated in an institutional setting.
FARM BUILDING
Any building used for storing agricultural equipment or farm
produce or products, housing livestock or poultry or processing dairy
products. The term "farm building" shall not include dwellings, but
shall include a barn or silo.
FCC
Federal Communications Commission.
[Added 1-25-2016 by Ord. No. 2-2016]
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land. The term
"fence" shall include walls.
[Added 7-26-1994 by Ord. No. 2-1994;
amended 6-4-2004 by Ord. No. 5-2004]
FLOOR AREA
The sum of the area of the several floors of a building or
buildings measured from the face of the exterior walls or from center
lines of walls separating two buildings.
[Added 5-14-2001 by Ord. No. 1-2001]
FLOOR AREA RATIO
Floor area divided by gross tract area. For the purposes
of this definition, the gross tract area excludes road and utility
rights-of-way.
[Added 10-22-2007 by Ord. No. 8-2007]
FORESTRY
The management of forest and timberlands when practiced in accordance with sound forest management practices as defined in Chapter
73 of the Code through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any existing, proposed or future land development.
[Added 6-25-2001 by Ord. No. 4-2001]
GAMING and OFF-TRACK BETTING
Operations licensed in Pennsylvania to engage in services
related to and including wagering as related to horse racing or similar
activities.
[Added 1-24-2011 by Ord. No. 2-2011]
GARAGE, PRIVATE
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the occupant of
the premises.
GARAGE, PUBLIC
A building, not a private garage, used for the repair, servicing
or storage of motor vehicles, but not to include a marshaling yard,
trucking facility, facility for storage and repair of earthmoving
or construction equipment or motor vehicle wrecking facility.
GARDEN CENTER
Land and buildings where the wholesale or retail sale of
nursery stock and garden supplies takes place. Such nursery stock
and supplies may include any of the following: ornamental plants,
flowers, shrubs and trees cultivated in a nursery; seed, fertilizer,
garden pesticides and herbicides in retail quantities and packaging;
garden hand tools; plant containers; garden statuary and furniture;
landscape lighting; bird feeders and supplies; and seasonal ornaments
and novelties such as Christmas wreaths and decorations. Such use
may include the provision of landscape design and/or installation
services, provided that such services are ancillary to the principal
use and offered to clients whose residence or place of business exists
elsewhere. Outdoor storage of lawn and garden supplies such as mulch,
fertilizer, topsoil and related landscape or garden supplies, such
as ornamental stone or gravel, are permitted only where expressly
authorized by the regulations governing the jurisdictional zoning
district.
[Added 10-27-1997 by Ord. No. 5-1997]
GOVERNMENT OFFICES
Offices for use by Township, county, state or federal governmental
agencies.
[Added 10-22-2007 by Ord. No. 8-2007]
GROWER/PROCESSOR, MEDICAL MARIJUANA
A person, including a natural person, corporation, association,
trust or other entity, or any combination thereof, which holds a permit
issued from the Department of Health under Act 16 of 2016, the Medical
Marijuana Act, to grow and process medical marijuana. The term does not
include a "health care medical marijuana organization" under Chapter
19 of the Act.
[Added 7-10-2017 by Ord.
No. 4-2017]
HABITABLE ROOM
A room as bounded by fixed partitions and doorways, other
than kitchens, dinette kitchens, utility rooms, bathrooms, offices,
shops, common rooms and circulation and closet space.
HEAT LOAD
The amount of heat attributable to reflective glare from
solar energy systems measured as degrees Fahrenheit above the average
ambient outdoor air temperature.
[Added 6-20-2011 by Ord. No. 6-2011]
HEAVY INDUSTRY/MANUFACTURING
The assembly, construction, fabrication, machining, manufacturing
and processing of materials or goods that have the potential, when
not managed, to emit noxious smells, high ambient sound levels, excessive
light or glare, or pollutants. Such facilities include animal product
manufacturing, sawmills, pulp and paper mills, petroleum refining,
chemical manufacturing, cement manufacturing, metal manufacturing,
and transportation equipment manufacturing.
[Added 1-24-2011 by Ord. No. 2-2011]
HEIGHT OF BUILDING
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses, tanks and similar projections of a building
shall not be included in calculating the height but shall not be permitted
to exceed the height of the building by more than 25%.
[Amended 6-4-2004 by Ord. No. 5-2004]
HEIGHT OF STRUCTURE
Freestanding structures shall not exceed the maximum height
of building restrictions of the zoning district within which they
are located, unless otherwise provided.
[Added 6-4-2004 by Ord. No. 5-2004]
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 1-25-2016 by Ord. No. 2-2016]
HELIPORT
An area to accommodate all phases of operation of rotor-wing
aircraft (helicopters) with suitable space to allow development of
service facilities.
[Added 11-8-2004 by Ord. No. 11-2004]
HELISTOP
An area on a roof or on the ground to accommodate landing
and takeoff of rotor-wing aircraft (helicopters) for the purpose of
picking up and discharging passengers or cargo. Such area shall have
sufficient space to accommodate all required safety controls, but
in no case shall service facilities be provided.
[Added 11-8-2004 by Ord. No. 11-2004]
HISTORIC RESOURCE FOOTPRINT
The area of the structural foundation that includes enclosed, habitable living space. For conversions as permitted in §
139-165D, the footprint shall include the area of the structural foundation that includes the enclosed working space. The "area of the structural foundation" refers to the square footage of a single floor, presumably the ground or first floor, as measured from the face of the exterior walls.
[Added 11-11-2002 by Ord. No. 7-2002]
HISTORIC RESOURCE(S)
All buildings, sites, structures, objects and districts inventoried
by the Willistown Township Historical Commission as having potential
historical or architectural significance.
[Added 7-8-1986 by Ord. No. 7-1986; amended
6-11-2001 by Ord. No. 3-2001]
A.
Class I - National Register Properties: an area
with defined boundaries that has been entered on the National Register
of Historic Places, either individually, as a district or as a determined
eligible property. Included are certified historic structures, contributing
resources filed as such with the National Register of Historic Places
and buildings, sites, structures, objects and districts which have
received a determination of eligibility (DOE) for listing on the National
Register of Historic Places.
B.
IB IB - Act 167 Districts: those identified resources that may or may not be listed on the National Register of Historic Places, but which are registered by the Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation, in Harrisburg as contributing resources to an Act 167 District, as defined under "Certified Historic District."
C.
II II - Township Historic Resources: any property identified by field survey and having sufficient research completed upon it to allow the Township to submit a Pennsylvania Historic Resource Survey Form to the Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation, in Harrisburg. The basic resources for this category will be those buildings shown on the Breou Farm Atlas of 1883 which are still standing. This set of resources may be augmented by the addition of any property meeting the basic standards for inclusion in the National Register of Historic Places.
HOME OCCUPATION
An accessory use which is clearly incidental to the residential
use of the dwelling unit and is carried on only within the dwelling
unit.
[Amended 7-10-1990 by Ord. No. 3-1990]
IMPERVIOUS COVERAGE
See "impervious surface."
[Added 5-14-2001 by Ord. No. 1-2001; 7-18-2011 by Ord. No.
7-2011]
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,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, terraces, decks, swimming
pools, 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 Township, based
on appropriate documentation and condition of the material, etc.
[Amended 5-14-2001 by Ord. No. 1-2001; 3-13-2023 by Ord. No. 2-2023]
INCINERATOR
A municipal solid waste facility containing an enclosed device
using controlled combustion (i.e., temperature, retention time, turbulence,
and combustion air being adequately controlled) for the primary purpose
of thermally breaking down municipal solid waste; as further defined
and regulated under Act 97, the Pennsylvania Solid Waste Management
Act, as amended, and Act 101, the Municipal Waste Planning, Recycling,
and Waste Reduction Act, as amended.
[Added 1-24-2011 by Ord. No. 2-2011]
LAND DEVELOPMENT
Any of the following activities:
[Amended 10-27-1992 by Ord. No. 1-1992]
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; or
(2)
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
B.
A subdivision of land. Regarding the activities
described in Section 503(1.1) of the Municipalities Planning Code,
those addressed in Subsections (ii) and (iii), concerning accessory buildings and amusement parks, respectively,
shall not be considered land developments for purposes of this chapter;
any conversion of an existing single-family detached dwelling or single-family
semidetached dwelling into two or more dwelling units shall be considered
a land development. In addition, any nonfee lease for purposes of
easement or right-of-way shall not be considered a land development.
LANDFILL
A tract of land used for the permanent storage and disposal
of municipal solid wastes, as further defined and regulated under
Act 97, the Pennsylvania Solid Waste Management Act, as amended.
[Added 1-24-2011 by Ord. No. 2-2011]
LANDSCAPE IMPROVEMENT
The addition of features to the land which enhance a particular
site from the standpoint of, e.g., noise abatement, recreational enjoyment,
wildlife preservation, visual amenity, etc. Such improvements might
include plantings, pathways, patios and fences. Landscape Improvements
may include vegetative components but are not considered to be buffer
planting strips.
[Added 3-14-2016 by Ord. No. 5-2016]
LIBRARY
A place in which literary, musical, artistic, or reference
materials (such as books, manuscripts, recordings, or films) are kept
for use.
[Added 10-22-2007 by Ord. No. 8-2007]
LOT
A tract or parcel of land, undivided by any street or private
road or dedicated future street right-of-way, held in single or joint
ownership, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, designed or required. Such parcel shall be separately
described by metes and bounds, the description of which is recorded
in the office of the Recorder of Deeds of Chester County by deed description
or is described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Chester County. The term "lot" shall also
mean parcel, plot, site or any similar term.
[Amended 6-25-2001 by Ord. No. 4-2001]
LOT AREA
The area contained within the property lines of a lot (in
existence or as shown on a plan), excluding any portion of a lot included
in existing and proposed road and utility rights-of-way and any other
easement similarly restricting the owner's right of use.
[Amended 6-25-2001 by Ord. No. 4-2001; 2-13-2017 by Ord. No. 1-2017]
LOT AVERAGING
A means of developing single-family detached dwellings on
lots, some of which may be larger and some of which may be smaller
than is otherwise required by the base zoning, but not incorporating
areas of common open space within the development.
LOT, CORNER
A lot at the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangent to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on two generally
parallel streets with vehicular access from only one street.
LOT WIDTH
The horizontal distance between side lot lines measured along
the street line or building setback line as specified. When the street
line is curved, the measurement shall be made on the arc on or parallel
to the curve of the street line.
[Amended 6-25-2001 by Ord. No. 4-2001]
MANUFACTURED HOME
A single-family dwelling unit fabricated in an off-site manufacturing
facility for installation or assembly at the building site, hearing
a seal certifying that it was built in compliance with the Federal
Manufactured Housing Construction and Safety Code. For flood insurance
purposes, the term "manufactured home" does not include "park trailer,"
"travel trailer" and other similar vehicles.
[Added 10-27-1992 by Ord. No. 1-1992; amended 11-11-2002 by Ord. No. 5-2002]
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of 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
repair include any addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MIXED-USE
One building or one lot used partly for residential use and
partly for nonresidential use.
[Added 10-22-2007 by Ord. No. 8-2007]
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 one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation,
including any addition or accessory structure, such as porches, sheds,
decks or additional rooms. All mobile homes shall meet construction
standards set by the United States Department of Housing and Urban
Development. For floodplain management purposes, the term "mobile
home" includes "park trailer," "travel trailer" and other similar
vehicles placed on a site for greater than 180 consecutive days.
[Amended 10-27-1992 by Ord. No. 1-1992; 11-11-2002 by Ord. No. 5-2002]
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
[Added 10-27-1992 by Ord. No. 1-1992]
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
[Added 10-27-1992 by Ord. No. 1-1992]
MONOPOLE
A WCF 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 1-25-2016 by Ord. No. 2-2016]
MULTI-MODAL TRANSPORTATION CENTER
A public transit station served primarily by a commuter rail
train which provides direct connections/transfers to bus or taxi service,
an interconnected pedestrian walkway system, park-and-ride facilities,
retail and service establishments and residential neighborhoods.
[Added 10-22-2007 by Ord. No. 8-2007]
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and reenacted by Act 170 of 1988, 53 P.S. § 10101,
et seq., and any subsequent amendments thereto.
[Added 10-27-1992 by Ord. No. 1-1992]
NATIONAL REGISTER CRITERIA
Standards promulgated by the Secretary of the Interior against
which historic resources nominated to the National Register are evaluated.
NATIONAL REGISTER OF HISTORIC PLACES
A list maintained by the Secretary of the Interior composed
of buildings, sites, structures, objects and districts of national,
state or local significance in American history, architecture, archaeology,
engineering and culture.
[Added 7-8-1986 by Ord. No. 7-1986]
NO-IMPACT HOME OCCUPATION
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 activities must comply with the standards in §
139-12G(2)(a) through
(j) of this chapter.
[Added 3-13-2023 by Ord.
No. 2-2023]
NONCONFORMING LOT
A lot which does not conform to the area or bulk regulations
of the district in which it is located, either at the time of the
enactment of this chapter or as a result of subsequent amendments
thereto, but which did not violate such regulations prior to the enactment
of such ordinance or amendments.
NONCONFORMING STRUCTURE
A structure or building, or part thereof, which does not
conform to the applicable provisions or requirements of the district
in which it is located, either at the time of enactment of this chapter
or as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of such chapter
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
NONCONFORMING USE
Use of land or use of a building or structure which use does
not conform to the applicable regulations of the district in which
it is located, either at the time of the enactment of this chapter
or as a result of subsequent amendments thereto, but which did not
violate such regulations prior to the enactment of such chapter or
amendments.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
All nontower wireless communications facilities, including
but not limited to, antennas and related equipment. Nontower WCF shall
not include support structures for antennas or any related equipment
that is mounted to the ground or at ground-level.
[Added 1-25-2016 by Ord. No. 2-2016]
NURSING HOME
A facility operated for purposes of providing therein lodging,
board and nursing care to sick, invalid, infirm, disabled or convalescent
persons for compensation. The term "convalescent home" is included
within this definition.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, restification, culvert, building,
fence, stock pile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse or flood-prone area which
may impede, retard or change the direction of the flow of water, either
by itself or by catching or collecting debris carried by such water,
or which is placed where the flow of the water might carry the same
downstream to the damage of life and property.
OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government and generally
furnished with desks, tables, files and communications equipment.
[Added 10-22-2007 by Ord. No. 8-2007]
OFF-STREET PARKING
Parking of motor vehicles as an accessory use located upon
the same lot as a permitted principal use to serve the parking requirements
and needs of the principal use.
[Added 10-22-2007 by Ord. No. 8-2007]
OPEN SPACE, COMMON
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development and designed and intended
for the exclusive use and enjoyment of residents of the development
or all of the residents of the Township, excluding streets, off-street
parking areas, areas set aside for public facilities and private yards.
[Amended 2-22-1983 by Ord. No. 1-1983 ]
PARKING SPACE
An open space or a garage on a lot used for parking motor
vehicles, to which there is access from a street or alley.
PERSONAL CARE FACILITY
A premise operated by a legal entity holding a certificate
of compliance document issued by the Pennsylvania Department of Health
(license) permitting the operation of a personal care home (PCH),
at the location of said premise, according to appropriate Pennsylvania
Department of Health program licensure or approval regulations, in
which food, shelter and personal assistance or supervision are provided
for a period of at least 14 days for four or more aged adults who
do not require hospitalization or skilled or intermediate nursing
care, or the services in or of a Pennsylvania Department of Health
licensed long-term-care facility, but who do, because of their advanced
age, require assistance or supervision in matters such as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self-administration.
This term shall include "assisted living facility."
[Added 3-24-1997 by Ord. No. 2-1997;
amended 6-16-1998 by Ord. No. 4-1998]
PERSONAL SERVICES
Establishments primarily engaged in providing services involving
the care of a person or a person’s goods or apparel, such as
barbershops, beauty salons, a fitness center or similar facility,
photographic studios, laundromats, radio and television repair, repair
shops for home appliances and tools, bicycles, locks, shoes and watches;
tailor and dressmaking shops; and pet grooming with no overnight boarding.
[Added 10-22-2007 by Ord. No. 8-2007]
PIPELINE
As defined by Title 49, CFR 195.2 and 192.3.
[Added 12-15-2014 by Ord. No. 8-2014]
POWER AND ELECTRIC GENERATION FACILITIES
Any facility for the regional generation, transmission, distribution
or storage of electric or other power. This use excludes the storage
or disposal of hazardous or radioactive materials or wastes.
[Added 1-24-2011 by Ord. No. 2-2011]
PRIME AGRICULTURAL LAND
Land used for purposes of agriculture that contains prime
agricultural soils of the first, second or third class, as defined
by the United States Department of Agriculture, National Resources
Conservation Service County Survey, and shown on Figure 3 of the Willistown
Township Open Space, Recreation and Environmental Resources Plan.
[Added 6-25-2001 by Ord. No. 4-2001]
PROFESSIONAL OFFICE
Professional, governmental or business office or building
for the practice of any of the following professions: physician, dentist,
veterinarian (no boarding), engineer, attorney, accountant, planner
or architect. Such offices or buildings shall not include a store
or personal service shop, except such store or shop designed for and
used primarily by occupants of the building in which it is located;
furthermore, any retail commercial characteristic which detracts materially
from the character of the district or the surrounding neighborhood
shall be prohibited.
[Added 6-23-2003 by Ord. No. 1-2003]
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days, prior to the date of the hearing.
[Added 10-27-1992 by Ord. No. 1-1992]
PUBLIC SPACE
Space devoted to uses for public enjoyment consisting of
elements, such as, but not limited to, green areas, plazas, walks,
promenades, arcades, and fountains. Areas devoted to this purpose
shall be easily and readily accessible to the public. Such space shall
not permit parking or maneuvering for vehicles.
[Added 10-22-2007 by Ord. No. 8-2007]
QUARRY
A tract of land from which stone or minerals or other natural
resources are mined or extracted from the earth.
[Added 1-24-2011 by Ord. No. 2-2011]
RECREATION, ACTIVE
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts,
golf courses and swimming pools.
[Added 6-28-1999 by Ord. No. 2-1999]
RECREATION, PASSIVE
Those recreational pursuits which can be carried out with
little alteration or disruption to the area in which they are performed.
Such uses include, but are not limited to, hiking and picnicking.
[Added 6-28-1999 by Ord. No. 2-1999]
RECREATIONAL STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, pursuant to the definition of "structure," as intended
for community recreational purposes. Such structures shall not include
facilities intended for the private use and benefit of individual
property owners (patios, decks, outdoor kitchens, etc.)
[Added 6-28-1999 by Ord. No. 2-1999;
amended 3-14-2016 by Ord. No. 5-2016]
REDEVELOPMENT
Any regulated activity that proposes or consists of demolition
or removal of existing structures or impervious surfaces and replacement
with new impervious surfaces; or construction on existing impervious
surfaces, as determined by the Township (this does not include Township
road maintenance activities, such as top-layer grinding and repaving,
which may be exempt from stormwater standards).
[Added 7-18-2011 by Ord. No. 7-2011]
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or nontower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 1-25-2016 by Ord. No. 2-2016]
RELIGIOUS USE
Use of land or a building or buildings as and for a convent,
monastery, church or similar institution, including rectory or parish
house, not for profit and not including use for a purpose not otherwise
permitted by an organization organized solely or primarily as a religious
institution for the purpose of evading this chapter.
RESTAURANT
An establishment where food and drink are prepared, served
and offered for sale to customers, primarily for consumption at tables
inside or outside the building, but on the same lot as the principal
building.
[Added 10-22-2007 by Ord. No. 8-2007]
RETAIL
Establishments engaged in the selling or rental of goods
or merchandise to the public generally for personal use or household
consumption (although they may also serve business and institutional
clients) and in rendering services incidental to the sale of such
goods, and including the processing or manufacturing of some of the
products sold on the premises so long as those processing and manufacturing
activities are incidental or subordinate to the selling activities.
[Added 10-22-2007 by Ord. No. 8-2007]
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township or Commonwealth has ownership,
or interest as a trustee for the public, as such ownership and/or
interests now or hereafter exist, including, but not limited to, all
streets, highways, avenues, roads, alleys, crosswalks, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the Township or Commonwealth, and
any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township. The phrase "in
the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way.
[Added 1-25-2016 by Ord. No. 2-2016]
SCHOOL, TECHNICAL
A school conducted for profit for such instruction as business,
computers, art, music, trades, handicraft, dancing or riding.
[Added 10-22-2007 by Ord. No. 8-2007]
SCREENING
The creation of a visual barrier through some combination of plantings, fences and walls, pursuant to the requirements of Chapter
73, specifically Article
X; in no case shall combinations of plantings, fences and walls be used as a method to reduce or eliminate the requirements of Chapter
73, Article
X, unless specifically permitted otherwise or by approval of the Board.
[Added 3-14-2016 by Ord. No. 5-2016]1
SEWAGE FACILITIES
A.
INDIVIDUAL SYSTEMThe disposal of sewage by use of cesspools, septic tanks or other safe and healthful means, approved by the Chester County Health Department generally within the confines of the lot on which the use is located.
B.
COMMUNITY SEWAGE COLLECTION, TREATMENT AND/OR DISPOSAL SYSTEMA sanitary sewage system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on-site or off-site.
C.
PUBLIC SEWAGE SYSTEMAn off-site system for the 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 Resources.
SHARED PARKING
Parking for uses is open to the public or in common with
other property owners rather than on individual lots restricted to
customers or clients of each individual use.
[Added 10-22-2007 by Ord. No. 8-2007]
SIDEWALK
An improved all-weather paved area parallel to and separate
from the street which is used as a pedestrian walking area.
[Added 10-22-2007 by Ord. No. 8-2007]
SIGN
A structure that is arranged, intended, designed or used
as an advertisement, announcement, direction or identification or
posted, painted or placed in some fashion on any surface of a building
for such purpose.
SOLAR ENERGY
Radiant energy (direct, diffuse, and/or reflected) received
from the sun.
[Added 6-20-2011 by Ord. No. 6-2011]
SOLAR ENERGY SYSTEM
An energy conversion system, including but not limited to
a solar panel array, docking station and other appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user.
[Added 6-20-2011 by Ord. No. 6-2011]
SOLAR PANEL ARRAY
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy, including but not
limited to photovoltaic and concentrated solar power collectors.
[Added 2-14-2011 by Ord. No. 1-2011]
SPECIAL EXCEPTION
Permission or approval granted by the Zoning Hearing Board, in accordance with Article
XX hereof, in situations where provision therefor is made by the terms of this chapter.
STANDARDS FOR REHABILITATION
Standards promulgated by the Secretary of the Interior to
guide and evaluate the rehabilitation of historic buildings.
[Added 7-8-1986 by Ord. No. 7-1986]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flag poles, farm silos, and light poles.
[Added 1-25-2016 by Ord. No. 2-2016]
STREET
A right-of-way intended for the general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "road," "highway," "thoroughfare" and "way."
A.
ARTERIALA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
(1)
PRINCIPALAn arterial serving the heaviest volumes of traffic in the Township, providing the highest degree of vehicular mobility, and involving controls on access.
(2)
MINORAn arterial serving high volumes of traffic, providing a high degree of mobility and involving some controls of access.
B.
COLLECTORA street designed and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
(1)
MAJORA collector serving moderate levels of traffic within the Township, providing a mix of access and mobility and linking neighborhoods.
(2)
MINORA collector serving lower amounts of traffic, providing relatively more access than mobility, and serving as a major road through identifiable neighborhoods.
C.
CUL-DE-SAC STREETA local street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
D.
LOCAL STREETA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
E.
MARGINAL ACCESS STREETA local street, parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and controls intersections with major streets.
F.
PRIVATE STREETA local street, serving only abutting lots, that is not offered or required to be offered for dedication.
G.
SINGLE-ACCESS STREETA local street or streets, including but not limited to cul-de-sac and loop designs, which has only one point of intersection with an existing Township or state road or with a proposed road having more than one access point.
STREET LINE
The line defining the edge of the legal width of the right-of-way
for a street, provided that where a future right-of-way for a street
has been officially established, then the right line shall be the
side line of the future right-of-way so established.
STREETSCAPE
A design term referring to all the elements that constitute
the physical makeup of the street and that as a group define its character,
including street trees, lighting, sidewalks and crosswalks.
[Added 10-22-2007 by Ord. No. 8-2007]
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including any assembly of materials having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, including but not limited to any building, sign, fence,
wall over four feet in height, aerial, antenna, platform, pier, pipeline,
paddle tennis court, shell, mobile home, shelter, swimming pool, tent,
tower, trestle, tank, tennis court or telephone pole.
STRUCTURED PARKING
A covered structure or portion of a covered structure that
provides parking areas for motor vehicles, including parking areas
within the footprint of a permitted building.
[Added 10-22-2007 by Ord. No. 8-2007]
SUBDIVISION
The division or redivision of a single 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. 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 residential dwellings shall not be included within the definition of subdivision for the purpose of this chapter. Any subdivision of land for mortgage purposes only shall nevertheless comply with all of the requirements of this chapter and of Chapter
123, Subdivision and Land Development.
[Amended 10-27-1992 by Ord. No. 1-1992]
SUBSTANTIALLY CHANGE
Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless communications facility may exceed the size limits set forth
in this chapter or the WBCA if necessary to avoid interference with
existing antennae; or any further increase in the height of a wireless
support structure which has already been extended by more than 10%
of its originally approved height or by the height of one additional
antenna array.
[Added 1-25-2016 by Ord. No. 2-2016]
SURFACE LAND USES AFFILIATED WITH TRANSMISSION PIPELINES
Above-ground transmission pipeline facilities, including,
but not limited to, compressor stations, pumping stations, regulator
stations, launcher/receiver stations, and other surface pipeline appurtenances.
[Added 12-15-2014 by Ord. No. 8-2014]
SURFACE PARKING
A parking area for motor vehicles where there is no building
above or below the parking area.
[Added 10-22-2007 by Ord. No. 8-2007]
TOTAL PROTECTED LAND
The sum of the acreage of natural resource land requiring protection pursuant to Chapter
73, §
73-11.1.
[Added 6-28-1999 by Ord. No. 2-1999]
TOURIST, BOARDING, LODGING OR ROOMING HOUSE
A private dwelling in which at least two but not more than
six rooms are offered for lodging for compensation, whether or not
table board is furnished to lodgers, and in which no public restaurant
is maintained.
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 and DAS hub facilities mounted to the ground are considered
to be tower-based WCFs.
[Added 1-25-2016 by Ord. No. 2-2016]
TRACT AREA, GROSS
The area of land contained within the title lines of the
tract.
[Added 6-28-1999 by Ord. No. 2-1999]
TRANSIT-ORIENTED DEVELOPMENT
A development approach locating higher-density mixed uses
at locations along a regional transit system incorporating a mix of
uses with a pedestrian-friendly design and which supports the use
of public transportation.
[Added 10-22-2007 by Ord. No. 8-2007]
TRANSMISSION PIPELINES
Transmission pipelines include, but are not limited to, pipelines
designed for the transmission of a gas or petroleum gas, except a
service line, as those terms are defined by 49 CFR 192.3; also included
are pipelines designed for the transmission of a hazardous liquid,
as defined by 49 CFR 195.2.
[Added 12-15-2014 by Ord. No. 8-2014]
TRUCK TERMINAL
Any property that is the origin and/or destination point
of short- and long-distance hauling and is used for the purpose of
storing, transferring, loading, and unloading, in addition to truck
parking. This would also include solid waste disposal vehicles, tank
trucks, and livestock trucks.
[Added 1-24-2011 by Ord. No. 2-2011]
ULTRALIGHT AIRCRAFT
A vehicle that is used or intended to be used for manned
operation in the air by a single occupant for recreation or sport
purposes only, does not have any U.S. or foreign airworthiness certificate;
and, if unpowered, weighs less than 155 pounds; or, if powered, 1)
weighs less than 254 pounds empty weight, excluding floats and safety
devices which are intended for deployment in a potentially catastrophic
situation; 2) has a fuel capacity not exceeding five U.S. gallons;
3) is not capable of more than 55 knots calibrated airspeed at full
power in level flight; and 4) has a power-off stall speed which does
not exceed 24 knots calibrated airspeed.
[Added 11-8-2004 by Ord. No. 11-2004]
UNIFIED OWNERSHIP AND CONTROL
As applied to multifamily use, this term shall be deemed
to require that all buildings, grounds and improvements comprising
a multifamily development or complex be owned by a single entity (corporation,
partnership or individual) or maintained by a single managing entity
which, if not the owning entity, shall be responsible for it, and
that occupancy shall be by leasehold and not through condominium or
any form of subdivided ownership.
VARIANCE
A waiver from the strict terms of this chapter, by order
of the Zoning Hearing Board, after public hearing, when authorized
by law.
VERGE
A planting or landscape area or brick paving area between
the curbline of a street or cartway and the sidewalk running along
a street which may contain streetlights or signage.
[Added 10-22-2007 by Ord. No. 8-2007]
WALL
See "fence."
[Added 6-4-2004 by Ord. No. 5-2004]
WATER SUPPLY
A.
INDIVIDUAL SYSTEMA safe and healthful supply of water to a single user from a private well on the lot of the user.
B.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et. seq.)
[Added 1-25-2016 by Ord. No. 2-2016]
WELLNESS CENTER
Establishments primarily engaged in operating fitness and
physical therapy facilities featuring exercise, physical fitness conditioning,
and other therapeutic or rehabilitative activities, preferably under
a doctor's orders. Such establishments are not permitted to operate
spectator sports events; with the exception of walking trails or sidewalks
internal to any tract on which such building is located, all activities
must be held indoors.
[Added 6-23-2003 by Ord. No. 1-2003]
WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics intended
to primarily reduce on-site consumption of utility power.
[Added 9-27-2010 by Ord. No. 4-2010]
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 1-25-2016 by Ord. No. 2-2016]
WIRELESS COMMUNICATIONS EQUIPMENT BUILDING
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 7-21-1998 by Ord. No. 6-1998]
WIRELESS COMMUNICATIONS FACILITY
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 7-21-1998 by Ord. No. 6-1998;
amended 1-25-2016 by Ord. No. 2-2016]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 1-25-2016 by Ord. No. 2-2016]
WOODED LOT
Any lot having more than one viable tree of a caliper of
six inches or greater per 1,500 square feet of lot area. A wooded
lot is a lot that has woodland.
[Added 6-25-2001 by Ord. No. 4-2001]
WOODLAND
Generally, an ecosystem characterized by a more or less dense
and extensive tree cover. More particularly, a plant community predominantly
of healthy trees and other woody vegetation, well-stocked and growing
more or less closely together.
YARD
An open area around the inner periphery of each lot, extending along the lot lines and street lines and inward to a structure, in which no buildings or structure shall be erected, except as provided in §
139-95 of this chapter. The size of a yard shall be measured as the shortest distance between the structure and lot line or street line.
A.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards, and the remaining yards shall include a rear yard, opposite the street to which the principal building is generally faced, and a side yard, opposite the other street. In the case of a reverse frontage lot, the yard extending along the street to which access is provided is the front yard. In the case of a lot which does not, except for its accessway, front on a street, the lot line located closest to the street to which the accessway is connected shall be designated as the front lot line, from which the depth of the front yard shall be measured.
B.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
C.
YARD, SIDEA yard between a structure and a side lot line, extending the entire length of the side lot line.