Chadds Ford Township, PA Definitions

This facility shall not include outdoor ancillary uses such as athletic fields, athletic courts, and/or game areas. Outdoor passive uses may be allowed as permitted by conditional use.

BASE FLOOD ELEVATION (BFE)

Assisted living residences do not include facilities which provide any type of goods or services of any kind to any persons not then resident at the facility.

BASE FLOOD

A flood which has a one-percent change of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent annual chance flood").

[Added 8-26-2015 by Ord. No. 140]

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

[Added 8-26-2015 by Ord. No. 140]

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

[Added 8-26-2015 by Ord. No. 140]

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BED-AND-BREAKFAST INN

A building or group of buildings containing less than 10 guest rooms, converted or designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind. Such establishments shall furnish to the occupants lodging services, such as maid service and the furnishing and laundering of linen, and typically do provide accessory eating and drinking facilities for serving morning breakfast and/or afternoon tea. Such establishments are typically converted from single-family residences, schools, churches and the like, and are occupied by resident innkeepers.

BILLBOARDS and OFF-PREMISES SIGNS

Any sign, as defined herein, which advertises an establishment, person, activity, product, event or service which is unrelated to or not available on the premises where the sign is located. Each face of a billboard shall constitute a separate billboard.

[Added 6-1-2011 by Ord. No. 64-S]

BOARD

The Board of Supervisors of Chadds Ford Township, Delaware County, Pennsylvania.[2]

BUFFER AREA

An area as regulated by § 135-160 adjacent to a property boundary which is landscaped and maintained for a width as required in certain districts of this chapter, and in a manner as required in § 135-161.

BUFFER PLANTING STRIP

A strip of land within the required buffer area which shall be landscaped and maintained for a width as required in certain districts of this chapter, and in a manner as required in § 135-161.

BUILDING

Any roofed structure supported by walls or columns which is intended or used for the shelter, housing or enclosure of any individual(s), animal, process, equipment, goods, or materials of any kind. Included shall be all manufactured homes and trailers to be used for human habitation.

BUILDING LINE

That line beyond which no portion of a structure or building may be erected toward the sides, front or rear of any lot. The building line shall coincide with the internal measurements of the open spaces for the front, side and rear yards.[3]

CERTIFICATE OF OCCUPANCY

A statement signed by the Code Enforcement Officer setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CERTIFIED HISTORIC DISTRICT

A historic district which has been delineated by Chadds Ford Township and certified for historical significance by the Pennsylvania Historical and Museum Commission in accordance with Act 167.

CERTIFIED HISTORIC STRUCTURE

A building or structure identified by Chadds Ford Township and listed in the National Register of Historic Places or located within a registered historic district and certified by the Secretary of the U.S. Department of the Interior as being of historical significance to the district.

COLLOCATION

The mounting of one or more antennas on an existing tower, or on any structure, that has been approved by the Township to support at least one antenna.

[Added 8-2-2017 by Ord. No. 152]

COMMERCIAL RECREATION FACILITY

A facility operated as a business, and open to the public for a fee, for the purposes of health and fitness, exercise, racquetball, swimming and like sports and activities.

[Added 6-7-2017 by Ord. No. 151]

COMMERCIAL VEHICLE

A vehicle which is registered by the state for commercial use or ostensibly displays a commercial related identity by virtue of lettering, signs, ladder racks, tool racks, and the like.

COMMON OPEN SPACE

As required in a planned residential development, that area of land and water to be maintained for the use and enjoyment of the residents of the planned residential development. It shall consist of landscaped or natural terrain, including lakes and streams, and may include such buildings as are necessary to fulfill its permitted functions, but the area of common open space shall not include street rights-of-way, off-street parking areas required for residential or other uses permitted by this chapter, and areas set aside for public facilities.

COMMUNICATIONS ANTENNA

Any antenna and related equipment attached to a wireless support structure. A communications antenna shall not include support structures or any related equipment that is mounted to the ground or at ground level.

[Added 8-2-2017 by Ord. No. 152]

COMMUNICATIONS APPLICANT (APPLICANT)

Any entity or person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way, Township-owned land, or other property.

[Added 8-2-2017 by Ord. No. 152]

COMMUNICATIONS TOWER

Any structure that is constructed for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. A "tower" as defined herein shall not include towers and supportive structures for amateur purposes, including but not limited to ham and citizens band radios maintained and/or utilized by federally licensed amateur radio operators.

[Added 8-2-2017 by Ord. No. 152]

COMMUNITY CENTER

A building which houses various community activities through meeting rooms, assembly rooms, and areas for dining, recreation, fitness and the like.

COMMUNITY FACILITIES

Facilities which serve to support the needs of the residents of the planned residential development, such as community centers, outdoor recreation areas, and maintenance buildings.

COMMUNITY SEWER

A community sewage disposal system consisting of approved sanitary sewage disposal structures which serve more than one lot or one building, which along with its appurtenant facilities is administered and maintained by an organization or other entity having the right and obligation to administer and maintain such system in accordance with federal, state, county and Township regulations.

COMMUNITY WATER

A community water supply system consisting of a well or series thereof with facilities serving more than one lot or one building, which along with its appurtenant facilities is administered and maintained by an organization or other entity having the right and obligation to administer and maintain such system in accordance with federal, state, county and Township regulations.

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.

COMPREHENSIVE PLAN

The Comprehensive Plan for Chadds Ford Township.

CONDITIONAL USE

A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain locations within the district only when specific standards, criteria, and conditions are met in accordance with § 135-164 herein. Conditional uses, and applications for permits therefor, are allowed or denied by the Board of Supervisors after recommendations are provided by the Planning Commission.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.

CONTIGUOUS LOTS

Contiguous lots shall have a common property line of 100% of one side of the smaller tract, which common property line shall not be less than 50 feet. Contiguous lots shall not be separated by a public street or way.

[Added 6-7-2017 by Ord. No. 151]

CONTINUOUS VISUAL BUFFER

A visually impenetrable screen created through the effective use of plant materials, fencing, walls and/or earthen berms.

CONTRIBUTING RESOURCE(S)

A resource in a registered historic district which is filed with the National Register as supporting the district's historical significance through location, design, setting, workmanship, feeling and association.

CRT

Cathode ray tube.

[Added 6-1-2011 by Ord. No. 64-S]

DEVELOPER

Any landowner, equitable owner, or authorized agent of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.

DWELLING or DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities for occupancy by only one family (including any domestic employees living or employed on the premises), with no enclosed space (other than vestibules, entrance or other hallways or porches) in common with any other dwelling unit. Dwellings or dwelling units may be classified, but not limited to the following:

[Added 6-7-2017 by Ord. No. 151]

SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open spaces on all sides.

SINGLE-FAMILY SEMIDETACHED (TWIN)A building containing two dwelling units, separated by a party wall, each having independent outside access and open space on three sides.

TWO-FAMILY DETACHEDA building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.

ELIGIBLE FACILITIES REQUEST

SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building containing at least three but not more than six dwelling units, each of which is separated by a party wall on opposite sides, and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open areas to the front and rear (internal units) or front, rear and one side (end units). Each unit can be referred to as a single-family attached unit, particularly when separately owned.

(5)

MULTIFAMILYA building containing three or more dwelling units, including townhouses (single-family attached) and apartments.

(6)

APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways.

DYNAMIC MESSAGE DISPLAY

A sign incorporating LCD, LED, plasma, CRT, pixelized lights, other video-like displays which are used to change sign messaging on a regular basis.

[Added 6-1-2011 by Ord. No. 64-S]

A term defined by the FCC in its October 2014 Report and Order, as amended. More specifically, any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: i) collocation of new transmission or related equipment; ii) removal of transmission or related equipment; or iii) replacement of transmission or related equipment.

[Added 8-2-2017 by Ord. No. 152]

ENLARGEMENT

An addition to the floor area of any existing building, an increase in size of another existing structure, or an increase in that portion of the tract of land occupied by an existing use.

ENVIRONMENTAL CONTROLS

The performance standards set forth in § 135-162 pertaining to environmental quality and environmental degradation.

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.

FAMILY

[Added 6-7-2017 by Ord. No. 151]

One or more individuals living together in a dwelling unit as a single housekeeping unit and doing their cooking on the premises when said individuals are related by blood, marriage, foster relationship, or adoption; or

Not more than three unrelated individuals living together in a dwelling unit as a single nonprofit housekeeping unit and doing their cooking on the premises; or

A group of individuals with disabilities (as defined by applicable law) living together as the functional equivalent of a family and entitled to a reasonable accommodation to allow the equal opportunity to use or occupy a dwelling under applicable law.

FLOOD INSURANCE RATE MAP (FIRM)

This definition does not include or apply to the residents or employees of a club, fraternity house, lodge, or lodging house, boardinghouse or rooming house or other facility in which lodging is provided for compensation.

FCC

Federal Communications Commission.

[Added 8-2-2017 by Ord. No. 152]

FLOOD

A temporary inundation of normally dry land areas.

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

[Added 8-26-2015 by Ord. No. 140]

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

[Added 8-26-2015 by Ord. No. 140]

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.

FLOODPLAIN MANAGEMENT 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 8-26-2015 by Ord. No. 140]

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.

FLOODWAY

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.

[Amended 8-26-2015 by Ord. No. 140]

FORMAL FILING

The filing of an application for tentative or final plan approval, along with the required number of copies and amount of fees, at least 10 days prior to the regularly scheduled monthly public meeting of the Board of Supervisors.

FRONT STREET

The public street or road or private street or road over which two or more dominant estates have the right-of-way, upon which a lot abuts. If a plot abuts on more than one street, it means the one upon which the main building fronts or it is wished to have it front.

GARAGE

PRIVATE GARAGEA building used for storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.

MINOR GARAGEA building not a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto.

PUBLIC GARAGEA building other than a private or minor garage, one or more stories in height, used for the storage, maintenance and repair of automobiles.

GREEN AREA

The area of a lot which is not covered by impervious surfaces, and which is preserved in its natural vegetated state and/or is landscaped with plant materials and other natural materials.

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building, as the case may be, measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

HARB

Historical and Architectural Review Board; The board, referred to as the "HARB," which conducts reviews of proposed building construction and/or alteration work within the historic districts, and performs other duties as set forth in this chapter.

[Amended 9-1-2010 by Ord. No. 64-R]

HEALTH AUTHORITY

The Chadds Ford Township Sewage Enforcement Officer and the Pennsylvania Department of Environmental Protection.

HEIGHT OF A TOWER

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower, including antennas mounted on the tower and any other appurtenances.

[Added 8-2-2017 by Ord. No. 152]

HEIGHT OF BUILDING

A vertical distance measured from the average elevation of the finished grade along the exterior walls of the structure to the highest point of the roof in the case of a flat roof, or to the mean height between the eaves and the ridge in the case of a pitched roof.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

[Added 8-26-2015 by Ord. No. 140]

HISTORIC RESOURCE(S)

All certified buildings, sites and structures within the boundaries of the historic overlay districts.

HISTORIC STRUCTURE(S)

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

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;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

IDENTIFIED FLOODPLAIN AREA

Directly by the Secretary of the Interior in states without approved programs.

HOTEL or MOTEL

A building or group of buildings containing 10 or more guest rooms, or a group of such buildings especially designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind. Such establishment shall furnish to the occupants customary hotel services such as maid service, and the furnishing and laundering of linen. Eating and drinking facilities may be accessory to the hotel or motel.

This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 135-95A and B for the specifics on what areas the community has included in the identified floodplain area.

[Amended 8-26-2015 by Ord. No. 140]

IMPERVIOUS SURFACE

A surface which has materials that do not normally absorb rainfall, such as buildings, streets, parking areas and walks, and similar surfaces and structures.

INTERNAL STREET

As applied in the mobile home park provisions, a street privately owned, constructed and maintained, which functions only to provide direct access to individual mobile home lots.

LAND DEVELOPMENT

Any of the following activities:

The improvement of one lot or two or more contiguous lots or tracts of land for any purpose involving:

A group of two or more residential or nonresidential buildings whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure;

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.

MODULAR SINGLE-FAMILY DETACHED DWELLING

A subdivision of land.

LANDOWNER

The record holder of legal title to land; the rightful holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); a lessee if he is authorized expressly under the lease to exercise the rights of the owner, of the land which is the subject of an application for subdivision and/or land development.

LANDSCAPED AREA

That portion of a tract or lot in which plantings have been installed in accordance with the special provisions for landscaping in § 135-161. The landscaped area includes the buffer planting strip, as well as plantings which serve a functional and/or aesthetic purpose when located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and the like.

LCD

Liquid crystal display.

[Added 6-1-2011 by Ord. No. 64-S]

LED

Light emitting diode.

[Added 6-1-2011 by Ord. No. 64-S]

LOT

An area of land established by plat or otherwise as permitted by law and to be used, developed or built upon as a unit and which conforms to the provisions of this chapter and all other Township ordinances, codes and regulations.

[Amended 6-7-2017 by Ord. No. 151]

LOT AREA

The area of land contained within the property lines of a parcel of land, excluding the following features (NOTE: This definition shall apply equally to all districts.):

[Amended 10-8-2015 by Ord. No. 141]

	Feature	Percent of Feature to be Excluded
	Area within any utility easements and utility rights-of-way	100%
	Area within road rights-of-way or easements for public or private access	100%
	Area within one-hundred-year floodplains	85%
	Area of watercourses and surface water bodies	85%
	Area within wetlands	85%
	Area of very steep slopes	70%
	Area within wetland/watercourse margins	50%

LOT LINE

A property boundary line of any lot held in single and separate ownership. In the case of any lot abutting a street, including shared driveways, the lot line for such portion of the lot as abuts such street, including shared driveways, shall be deemed to be the same as the street line, and shall not be the center line of the street, or any other line within the street line.

[Added 6-7-2017 by Ord. No. 151]

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including the basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, office, or place or assembly, contained in one or more sections, built on a permanent chassis, 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 with or without a permanent foundation. The term includes park trailers, travel trailers, and recreational and other similar vehicles which are placed on site for more than 180 consecutive days.

[Amended 8-26-2015 by Ord. No. 140]

MANUFACTURED HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

MESSAGE DISPLAY CYCLE

That unit of time in which one complete message is displayed upon a sign incorporating a dynamic message display.

[Added 6-1-2011 by Ord. No. 64-S]

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 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, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME

A transportable, single-family detached dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

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, which is leased by the mobile home park owner to the occupants of the mobile home erected on the lot.

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.

MOBILE HOME STAND

That part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.

A dwelling which is detached and intended for occupancy by one family and is constructed using prefabricated parts or modules that are assembled to form the dwelling unit.

MOTOR VEHICLE SERVICE STATION

A building or place of business where gasoline and automobile accessories are dispensed directly to the motor vehicle trade, and/or where automotive repair service may be rendered.

NATIONAL REGISTER

The 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.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective start date of the Floodplain Management Ordinance[4] and includes any subsequent improvements to such structures. Any construction started after September 5, 1979, and before the effective start date of the 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.

[Amended 8-26-2015 by Ord. No. 140]

NOISE

Any sound which annoys or disturbs humans or animals or which causes or tends to cause an adverse psychological or physiological effect on humans or animals.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs and buildings.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

OFFICE BUILDING

A building designated or used primarily for office purposes, no part of which is used for manufacturing or dwelling purposes.

ONE-FAMILY DETACHED DWELLING

A house accommodating but a single domestic or social body and having no party wall or walls in common with an adjacent house or houses, provided that in a business district a single-family dwelling may be attached to a store or other permitted business use.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

OUTDOOR DINING

Any outdoor eating area with waitressed food service to more than 12 seats accessory to a restaurant that has indoor seating.

[Added 11-2-2016 by Ord. No. 147]

PARCEL

See "lot" definition.

[Added 6-7-2017 by Ord. No. 151]

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. A parking space shall be considered an impervious surface, and may include either covered garage space(s) or uncovered space located off the street right-of-way. The size of parking spaces shall be as required in this chapter.

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.

PLAN

The proposal for development of a planned residential development, including a plan of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities and such other information as required hereunder.

PLANNED RESIDENTIAL 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 the provisions of this chapter.

PLANNING COMMISSION

The Chadds Ford Township Planning Commission.

PLASMA

A video display technology that relies upon the electric excitation of phosphors to emit light.

[Added 6-1-2011 by Ord. No. 64-S]

POST-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM), dated September 5, 1979, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

[Added 8-26-2015 by Ord. No. 140]

PRE-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM), dated September 5, 1979, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

[Added 8-26-2015 by Ord. No. 140]

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

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 be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC SEWER (PUBLIC SEWERAGE SYSTEM)

An off-site system in which sewerage is collected, conveyed, treated and disposed by means approved by the Pennsylvania Department of Environmental Protection; in accordance with a sewage facilities plan approved by the Township; and administered, operated and maintained by a governmental agency, authority or commission.

PUBLIC STREET OR WAY

A paved accessway which is manifest in one or more of the following: all state roads and highways; all dedicated roads maintained by the Township; all roads for which the offer of a deed of dedication has been made; and all private roads over which the general public has the right of access.

PUBLIC WATER (PUBLIC WATER SYSTEM)

An off-site system in which water is distributed and supplied by means approved by the state and the Township, and administered, operated and maintained by an organization which is regulated by a governmental agency, authority or commission.

RECREATION

[Added 6-7-2017 by Ord. No. 151]

ACTIVE RECREATIONRecreational activities that involve athletic and/or rigorous physical exertion. Such activities involve individual or team sports, running, biking, boating/canoeing, swimming and horseback riding.

ACTIVE RECREATION FACILITYA recreational area and supporting infrastructure designed specifically for active recreation that can have a significant impact on the surrounding environment. Such facilities generally require development and alteration of an area, including the construction of supporting infrastructure. Active recreation facilities include, but are not limited to, football fields, baseball fields, basketball courts, soccer fields, swimming pools, golf courses, playgrounds, tennis courts, skating and roller rinks. Active recreation facilities do not include community centers or commercial recreation facilities.

PASSIVE RECREATIONRecreational activities that are low impact, usually quiet and not rigorously athletic. Such activities may include, but are not limited to, walking, picnicking, bird watching and wildlife observation, and fishing.

REGISTERED HISTORIC DISTRICT

PASSIVE RECREATION FACILITYAn open space site supporting passive recreation activities that generally requires little or no development or alteration of the site. Passive recreation facilities include, but are not limited to, trails for walking/jogging, nature trails, wildlife observation areas, public gardens, memorial parks and picnic areas.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis; 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; not designed for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.

A historic district listed in the National Register of Historic Places, or a state or local historic district whose status has been certified by the Secretary of the Interior and which is certified as meeting substantially all the requirements for National Register listing.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

[Amended 8-26-2015 by Ord. No. 140]

REHABILITATION

The process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historical, architectural and cultural values.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for, the operation of a tower or antenna. By way of illustration, not limitation, related equipment includes generators and base stations.

[Added 8-2-2017 by Ord. No. 152]

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

[Added 8-26-2015 by Ord. No. 140]

RESTAURANT

An establishment where food and drink are prepared, offered for sale to customers, and/or served by waiters and/or waitresses primarily for consumption on the premises and within the building.

[Added 11-2-2016 by Ord. No. 147]

RETIREMENT RESIDENCE

A dwelling unit in a retirement residence community which may be in the form of a single-family detached conventional dwelling, a modular detached or attached dwelling, or other type of dwelling which meets the Township building code requirements.[5]

RETIREMENT RESIDENCE COMMUNITY

A planned community that is composed of dwelling units which are occupied by adult individuals or families of a particular age group and family size that includes facilities to meet various recreational and personal service needs of the residents. Such communities are typically inhabited by adult individuals or families without children, and must have at least one householder of the age of 55 years or older in a minimum of 80% of the dwelling units.

[Amended 6-7-2017 by Ord. No. 151]

SERVICE OR RECREATION BUILDING

A structure housing operational, office, recreational, maintenance, and other facilities in a mobile home park built to conform to local standards.

SEWER CONNECTION

The sewer connection of a mobile home consists of all pipes, fittings, and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe.

SEWER RISER PIPE

The sewer riser pipe of a mobile home is that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home space.

SIGN

Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface, that shall display or include any letter, work, insignia, flag, or representation, used as, or which is in the nature of, an advertisement, announcement, visual communication, direction, or is designed to attract the eye, or bring the subject to the attention of the public. Flags of the United States of America, the Commonwealth of Pennsylvania, the County of Delaware or Chadds Ford Township, no larger than those flying at the county seat, signs inside a building which are not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a wall of a building are excluded. In addition to the above, internally lighted building decoration, e.g., lighted building wrap, shall be considered to be an illuminated sign (see "sign, illuminated").

SIGN, ACCESSORY

Any sign which specifically relates to the permitted use of the premises on which said sign is erected and which serves as a further description of products available to, or services provided for, the general public.

SIGN AREA

For signs not involving illuminated facades, translucent awnings or translucent weather covers: The area of such a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle, including the sign background, which encompasses all of the letters and symbols, including all enclosed and open areas of the background.

For signs involving illuminated facades, translucent awnings, or translucent weather covers: When lettering, wording, logos, or accompanying designs or symbols are attached to or displayed from or with illuminated facades, translucent awnings, or translucent weather covers, in addition to the area described in Subsection (1) above, the entire illuminated structure shall also be considered to be sign area.

SINGLE AND SEPARATE OWNERSHIP

For internally lighted building decoration, e.g., lighted building wrap: In the case of internally lighted building decoration, e.g., lighted building wrap, the sign area shall be deemed to be the greater of the actual square footage of said decoration or one square foot per linear foot of said decoration.

SIGN, CANOPY OR AWNING

Any sign that is part of, hangs from, is attached to, painted on or affixed to a structure made of cloth, canvas, metal, wood, plastic, or similar material, over a door, entrance, window or outdoor service area. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building.

[Added 6-1-2011 by Ord. No. 64-S]

SIGN, FLASHING

A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature, or date information shall not be considered flashing signs.

SIGN, FREESTANDING

A sign not attached to a building. This category includes signs with any support structure independent of a building, including but not limited to columns, poles, posts or masonry structures.

SIGN, GROUND

Any sign, other than a pole sign, placed upon or supported by the ground independent of any structure.

SIGN, ILLUMINATED

A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign or a sign with illumination derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source to areas other than the sign being illuminated. Internally lighted building decoration, e.g., lighted building wrap, shall be considered an illuminated sign.

SIGN, INCIDENTAL

A sign providing information about specific hours of operation, ownership, etc., as defined fully in the section covering such signs and distinguishing them from accessory signs.

SIGN, OFF-PREMISES

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

SIGN, ON-PREMISES

A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-premises signs do not include signs erected by outdoor advertising industry in the conduct of the outdoor advertising business.

SIGN, PARALLEL

A sign which is mounted parallel to a wall or other vertical building surface, not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 15 inches from the wall surface.

SIGN, POLE

A sign that is mounted on a freestanding pole or other support.

SIGN, PROJECTING

A sign which is attached directly to the structure wall and which extends more than 15 inches from the face of such wall.

SIGN, REAL ESTATE

A sign pertaining to the sale or lease of the premises on which the sign is located.

SIGN, TEMPORARY

A sign designed and designated for use during a specific time period. Such sign may require a permit under the circumstances set forth in Article XVIII.

SIGN, WINDOW

A temporary or permanent accessory sign which is oriented to the public right-of-way, is legible to persons in vehicles, and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.

The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.

SITE

A tract of land, or a combination of contiguous lots on a tract which form an area for a development project.

SLOPE, STEEP

Those areas of land which are characterized by a change in elevation of 15% up to 25% based on three consecutive two-foot contours, which is six cumulative vertical feet of grade change.

[Added 10-8-2015 by Ord. No. 141]

SLOPE, VERY STEEP

Those areas of land which are characterized by a change in elevation in excess of 25% based on three consecutive two-foot contours, which is six cumulative vertical feet of grade change.

[Amended 10-8-2015 by Ord. No. 141]

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this chapter.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

[Added 8-26-2015 by Ord. No. 140]

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 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 8-26-2015 by Ord. No. 140]

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications 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, flagpoles, and light poles.

[Added 8-2-2017 by Ord. No. 152]

STORY

That part of a structure included between any floor and the floor or roof next above. When applied to the permissible height of buildings, the term "story" shall not include a basement if the basement is not designated for living quarters and if the floor thereof is more than five feet below the average ground level.

STREET

A public (dedicated) or private (undedicated) right-of-way, serving as a means of vehicular and pedestrian circulation to furnish access to abutting lots and used to provide space for installation of improvements such as sewers, other utilities, street trees and sidewalks.

STREET LINE

The dividing line between a lot and the right-of-way line of a public street, road, or highway legally open, or between a lot and a privately owned street or road over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right of access.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured homes, and other similar items.

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, conveyance or other 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 of any residential dwelling, 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.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

Before the improvement or repair is started; or

If the structure has been damaged, and is being restored, before the damage occurred.

The term does not, however include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Code Enforcement and Zoning Officer and which are the minimum necessary to assure safe living conditions; or

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

This term is defined by the FCC in its October 2014 Report and Order, as amended, and the Township hereby adopts that definition.

[Added 8-2-2017 by Ord. No. 152]

TELEPHONE CENTRAL OFFICE

A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone messages between subscribers, and other business of the telephone company.

TOP OF BANK

That point along either side of a stream at which the slope change in the natural topography defines a channel capable of containing the flow in a natural watercourse during normal flow conditions.

TOURIST CAMP

One or more buildings or structures intended for the accommodation of transient guests, not including automobile courts and motels.

TOURIST HOUSE

A single-family dwelling in which overnight accommodations are offered for transient guests for compensation.

TOWER

Any other pole, telescoping mast, monopole, tower, tripod, or any other structure to be erected within the Township.[6]

TOWNSHIP SECRETARY

The Secretary of Chadds Ford Township, Delaware County, Pennsylvania.

TRACT

A parcel of land intended for development as a planned residential development under terms of this chapter. A tract may consist of one or more lots held in single and separate ownership at the time of application and developed pursuant to a common plan by agreement of the owners. The holder of an option or contract to purchase, a lessee who is authorized by the terms of the lease to develop the tract with a lease for a remaining term of not less than 40 years, or other persons having an enforceable proprietary interest in such land shall be deemed owners for the purposes of this chapter.

TRAILER CAMP

A premises designed for and offered to the use of one or more trailers or other vehicles used for living or sleeping purposes.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to time, and incorporated herein by reference as the municipal building code of this municipality, adopted by Chadds Ford Township to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101 through 7210.1103, as amended from time to time, and its regulations.

UNIFORMITY RATIO

A measurement that compares the brightest single location with the darkest single location, upon the face of a sign or some other designated surface.

[Added 6-1-2011 by Ord. No. 64-S]

USABLE SITE AREA

The usable site area of a mobile home park is that portion which is free of water surfaces, wetlands (as defined by the appropriate federal and state authorities or agencies), floodplains, severe high water table areas, quarries and slopes over 20%, utility and other rights-of-way and easements and structures or obstructions unrelated to the mobile home park usage.

VARIANCE

Relief granted pursuant to the provisions of this chapter.

WATER CONNECTION

The water connection of a mobile home consists of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.

WATERCOURSE

A stream with year-round or substantially year-round flow, such as a creek, run, river, or like moving water channel.

WATER RISER PIPE

The water riser pipe of a mobile home is that portion of the water service pipe which extends vertically to the ground elevation and terminates at the designated point on each mobile home lot.

WATER SERVICE PIPE

The water service piping of a mobile home consists of all pipes, fittings, valves, and appurtenances from the water main of the park distributing system to the water outlet of the distributing system within the mobile home.

WETLAND

An area with hydric soils that are inundated or saturated by surface water and/or groundwater which supports hydrophytic vegetation such as swamps, bogs, marshes and the like, such areas being regulated by the U.S. Army Corps of Engineers and/or the PA DEP.

WETLAND/WATERCOURSE MARGIN

Any area located within 25 feet of any wetland or any watercourse, measured horizontally on a line perpendicular to the edge of the wetland or, in the case of a watercourse, to the edge of the water at bank-full flow.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, microwave, satellite, or radio signals.

[Added 8-2-2017 by Ord. No. 152]

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. This is a general term to refer to a communications tower and/or communications antenna and/or related equipment.

[Added 8-2-2017 by Ord. No. 152]

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a communications tower or any other support structure that could support the placement or installation of a wireless communications facility, if approved by the Township.

[Added 8-2-2017 by Ord. No. 152]

YARD

FRONT YARDThe required open space between the nearest point of any structure on the lot and the front street.

SIDE YARDThe required open space from the nearest point of any structure on the lot extending along that portion of the side lot line along the depth of the lot parallel to the side building line.