As used in this chapter, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The word "may" is permissive; the words "shall" and "will" are mandatory.
Unless otherwise expressly stated, the following words and phrases throughout these regulations shall have the meanings indicated in this section:
AGRICULTURE
The cultivation of the soil, the raising of livestock and poultry, and the harvesting of the products of the soil, including but not limited to nurseries, horticulture and forestry.
ALLEY
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
ALLUVIAL (FLOODPLAIN) SOILS
See "soils, alluvial."
APPLICANT
A landowner or developer, as herein defined, who has filed an application for subdivision or land development, including his heir, successors and assigns or the equitable owner of property with the owner's permission.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit, for the approval of a Subdivision Plan, or for the approval of a Land Development Plan.
APPROVAL, TOWNSHIP
A vote of the North Coventry Township Board of Supervisors to approve without conditions; or after a vote by the Township Board of Supervisors to approve with conditions, acknowledgment by the Township Board of Supervisors that all conditions of approval have been met; or deemed approval.
AUTHORITY, MUNICIPAL
The North Coventry Township Municipal Authority, created pursuant to the Municipality Authorities Act of 1945.[1]
BASEMENT
Any area of the building having its floor below ground level on all sides.
BEST MANAGEMENT PRACTICES (BMPs)
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts, to provide water quality treatment, infiltration, volume reduction, and/or peak rate control, to promote groundwater recharge, and to otherwise meet the purposes of Chapter 194 Grading, Erosion and Sediment Control; Stormwater Management. Stormwater BMPs are commonly grouped into one of two broad categories or measures, structural or nonstructural. Nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices from large-scale retention ponds and constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the site. The primary reference for implementation of BMPs in the Township shall be the Pennsylvania Stormwater Best Management Practices Manual of December 30, 2006, or as amended.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other similar barriers to the continuity of development.
BOULEVARD ISLAND
Similar to a parkway, but located in the center of a street, effectively dividing the street into two streets of opposite directions. Boulevard islands typically contain planting areas running the full length of the island. Boulevards may or may not include curbs.
BOUNDARY SURVEY
See "survey, boundary."
BUFFER
An area which provides a year-round visual and/or sound attenuation between uses, through the application of such means as plantings, earthen berms, depressions, fences and walls.
BUILDING
Any structure having enclosed walls and roof, permanently located on the land, and shall be construed to include the phrase "any part thereof."
BUILDING COVERAGE
The ratio of the total ground floor area of all buildings on the lot to the total area of the lot on which they are located.
BUILDING SETBACK LINE
The line established within a lot, measured from the street or right-of-way and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of an existing interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way measured from the property interior line nearest the street, defining the minimum distance in which no building may be constructed.
CALIPER
The diameter of a tree trunk measured at a point six inches above the ground.
CANOPY TREE
A deciduous tree which, when mature, yields a significant amount of shade during summer and a colorful autumn spectacle. Their winter silhouettes provide passages for sunlight.
CARTWAY or ROADWAY
The paved or improved portion of a street or alley intended for vehicular use.
CLEAR CUTTING
The felling of all trees on a tract of land, or any portion thereof, at one time.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at given distance from the intersection down the center lines of the street.
CLUSTER DEVELOPMENT
An arrangement of residential structures that allows for grouping the structures by reducing lot area and yard requirements and incorporating the remaining area as open space.
COMPREHENSIVE PLAN
The Comprehensive Plan of North Coventry Township, as adopted and amended from time to time.
CONSERVATION AREAS, PRIMARY
Floodplains, wetlands, wetland margins, watercourses, lakes and ponds, hydric soils, riparian buffers and prohibitive steep slopes.
[Added 2-13-2006]
CONSERVATION AREAS, SECONDARY
Woodlands, precautionary steep slopes, agricultural soils of national or statewide significance, historic resources identified in the Open Space Plan, and the Scenic Overlay District defined in Chapter 370, Zoning.
[Added 2-13-2006]
CONSTRUCTION
The erection, rebuilding, renovation, repair, extension, expansion, alteration, demolition, or relocation of a building or structure, including the placement of mobile homes.
CONVERSION
An alteration of a building, structure or land by change of an existing use to a new use which imposes other special provisions of applicable regulations governing building, construction, equipment, exits, or zoning regulations.
COUNTY PLANNING COMMISSION
Chester County Planning Commission, Chester County, Pennsylvania.
CUL-DE-SAC
A paved circular turnaround area situated at the dead end of a cul-de-sac street. (See "street, cul-de-sac.")
CUL-DE-SAC STREET
See "street, cul-de-sac."
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk(s) measured at a point 4 1/2 feet above ground level at the base of the tree or by other established methods that may apply and are approved by the Township.
DENSITY, GROSS
The total number of dwelling units divided into the total land area to be housed thereon, expressed in dwelling units per acre (DU/AC).
DENSITY, NET
The number of dwelling units per acre of land devoted to any one particular housing type. This includes yards, off-street parking and driveway facilities directly serving those particular dwelling types, but excludes common open spaces, permitted commercial uses, public streets, and other public grounds and rights-of-way.
DEPARTMENT OF HEALTH
The Department of Health of the Commonwealth of Pennsylvania or Chester County, or their representative having jurisdiction in the Township.
DETENTION BASIN
A facility designed to detain surface water runoff for a period of time sufficient to cause the deposit of sediment and to reduce the velocity and/or volume of surface flows leaving a site, thus controlling erosion, reducing flood potential and promoting groundwater recharge.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made an application for subdivision or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage for equipment or materials; and the subdivision of land.
DEVELOPMENT AGREEMENT
A written contract between an applicant or applicant's agent, and the Township, specifying the conditions of final approval by the Township and providing for the completion and dedication of public improvements.
DEVELOPMENT PLAN
The design or site layout plan required for certain land uses and development design options which cover the entire property.
DRAINAGE AREA
That land area contributing runoff to a single point (including, but not limited to, the point/line of interest used for hydrologic and hydraulic calculations) and that is enclosed by a natural or man-made ridge line.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer, or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface water off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision, land development or contiguous area.
DRIVEWAY
A private means of vehicular access between a public or private street to a single lot.
DWELLING UNIT
A single living space for one family, including apartments, but excluding individual rental units in a motel, hotel, rooming house, bed-and-breakfast, tourist home, institutional home, dormitory and the like.
EARTHMOVING ACTIVITY
Activity resulting in the movement of the surface of the land or stripping of vegetative cover from the land.
EASEMENT
An interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.
ENGINEER
An individual licensed and registered under the laws of the Commonwealth to engage in the practice of engineering, and having training and experience in the specific field in which he or she is practicing.
EROSION
The process by which the surface of the land, including water/stream channels, is worn away by water, wind, or chemical action.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
EVERGREEN TREE
Coniferous trees having dense, green foliage that makes them well-suited to group planting for privacy screens, windbreaks, or backdrops for flowering trees and shrubs, yet they are handsome enough to stand alone. They hold their needles to provide year-round shelter and color.
EXCAVATION
Any activity that results in earth, sand, gravel, rock or other similar materials being dug, cut, quarried, uncovered, removed, displaced, relocated or moved, including the condition resulting from such activity.
FILL
Materials such as soil or gravel, placed and compacted to form an embankment, to raise the surface elevation of the land, or to fill a trench.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD, ONE-HUNDRED-YEAR
The highest level of flooding that, on the average, is likely to occur once every 100 years; that is, that has a one-percent chance of occurring each year, as delineated by the Federal Flood Insurance Maps developed in the Flood Insurance Program.
FRONTAGE
The length of a front lot line coinciding with street line.
GRADE
The slope of the ground measured as a percentage (rise over run times 100).
GROUNDWATER RECHARGE
The replenishment of water in an aquifer, by the percolation of precipitation, streams, lakes, or other water sources.
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this chapter, hedgerows are considered woodlands and regulated as such regardless of area or tree size.
HISTORIC RESOURCE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without an approved program.
HOMEOWNERS' ASSOCIATION
A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property. This term is synonymous with property owners' association.
HALF OR PARTIAL STREET
See "street, half or partial."
HYDRIC SOILS
See "soils, hydric."
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, tennis or other paved courts, or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this chapter, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case by case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
IMPROVEMENTS
Changes made to the natural state of the ground and anything that is man-made or constructed on land or underground, including, but not limited to, grading, paving, curbing, sidewalks, fire hydrants, water mains, sanitary sewers, storm sewers, catch basins, culverts, gutters, monuments, planting screens, landscaping and any underground electric or other utilities. For purposes of this chapter, the terms "improvements" and "public improvements" may be used interchangeably.
INSPECTION
The act of monitoring compliance with applicable provisions contained in this chapter or other applicable regulations, as undertaken by authorized representatives of North Coventry Township and in the manner specified herein.
INVASIVE PLANT SPECIES
Predominantly nonnative, nonindigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species. Invasive trees, shrubs, vines, or herbaceous species include, but are not limited to: Norway Maple (Acer platanoides), Tree-of-Heaven (Ailanthus altissima), Paper Mulberry (Broussonetia papyrifera), White Mulberry (Morus alba), Empress Tree (Paulownia tomentosa), White Poplar (Populus alba), Multiflora Rose (Rosa multiflora), Japanese Barberry (Berberis thunbergii), European Barberry (Berberis vulgaris), Autumn Olive (Eleagnus umbrella), Border Privet (Ligustrum obtusifolium), Common Privet (Ligustrum vulgare), Morrow's Honeysuckle (Lonicera morrowii), Tartarian Honeysuckle (Lonicera tatarica), Japanese Honeysuckle (Lonicera japonica), Common Buckthorn (Rhamnus cathartica), Wineberry (Rubus phoenicolasius), Japanese Spiraea (Spiraea japonica), Linden Viburnum (Viburnum dilatatum), Guelder Rose (Viburnum opulus), Oriental bittersweet (Celastrus orbiculatus), Leatherleaf Climatis (Clematis terniflora), Mile-a-Minute Weed (Polygonum perfoliatum), Kudzu (Pueraria lobata), Garlic Mustard (Alliaria pertiolata), Canada Thistle (Cirsium arvense), Crown Vetch (Coronilla varia), Tall Fescue (Festuca elatior), Purple Loosestrife (Lythrum salicaria), Sweet Clover (Melilotus afficinalis), Japanese Stilt Grass (Microstegium vimineum), Reed Canary Grass (Phalaris arundinacea), and Johnson Grass (Sorghum halepense).
ITE TRIP GENERATION RATES
Vehicle trips generated for a particular size of land use published by the Institute of Transportation Engineers, ITE Trip Generation Manual, the most current edition.
LAKES AND PONDS
Natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams, or result from excavation. Lakes are bodies of water two or more acres in area. Ponds are bodies of water less than two acres in area.
LAKE AND POND SHORELINES
The land side edges of lakes and ponds from established shoreline to an upland boundary. For the purposes of this chapter, such boundary shall be equivalent to that required for a wetland margin.
LAND DEVELOPMENT
[Amended 7-25-2005]
A. 
Shall include the following:
(1) 
The improvement of one or two or more contiguous lots, tracts or parcels for any purpose involving:
(a) 
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
(b) 
The division or allocation of 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.
(2) 
A subdivision of land.
(3) 
Any change in use of the property or any structures thereon that create any impacts relating to stormwater management, erosion, grading, sedimentation control, sanitary sewer facilities, traffic impacts, lighting, noise, and/or any other impact to neighboring or adjacent property. A change in the nature of the use shall presumptively be a land development.
B. 
The definition of land development shall not include the following activities:
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than two residential units, unless such units are intended to be a condominium;
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(3) 
The addition or conversion of buildings or rides within the confines of an enterprise which constitutes an amusement park. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
LAND DEVELOPMENT PLAN, MAJOR
See § 320-10.
LAND DEVELOPMENT PLAN, MINOR
See § 320-10.
LAND DISTURBANCE
Any activity which exposes soils, alters topography and/or alters vegetation, except for removal of a safety hazard, diseased trees, or invasive vegetation.
LANDOWNER
The legal or beneficial owner or owners of land, including, for purposes of this chapter, the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if s/he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPING
The planting of turf-grass or other appropriate groundcover and the planting of evergreen and deciduous trees and shrubs, including the maintenance thereof.
LOT
A parcel of land which is occupied or to be occupied by one principal building or other structure or use, together with any accessory buildings or other structures or uses customarily incidental to such principal building, structure, or use, and such open spaces as are arranged or designed to be used in connection with such principal building, structure, or use.
LOT AREA, GROSS
The area of land contained within the limits of the legally described property lines bounding the lot.
LOT AREA, NET
The area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any streets, rights-of-way, easements for purpose of access, stormwater management, sewer or water service or other infrastructure, and common open space, all of which presently exist or shall exist as a result of the development of such lot for the purpose and use allowed under Chapter 370, Zoning, and Chapter 320, Subdivision and Land Development, of North Coventry Township. Additionally, in determining and establishing the net lot area, exclude any area that has prohibitively steep slopes, that is in the Floodplain Conservation District, is within the Zone-One Riparian Buffer, and/or is within the wetlands, as defined by Chapter 370, Zoning. For lots requiring a minimum lot area of less than one acre, the minimum lot area shall equal the net lot area consisting of contiguous land, undivided by streams, wetlands, floodplains, prohibitive steep slopes, existing or proposed streets or rights-of-way, or existing or proposed easements. For lots requiring a minimum lot area of one acre or more, the minimum lot area shall include within its boundary a minimum net lot area of at least one acre of contiguous land, undivided by streams, wetlands, floodplains, prohibitive steep slopes, existing or proposed streets or rights-of-way, or existing or proposed easements.
[Amended 1-22-2007]
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the latter.
LOT LINE
The ownership of property by any person, partnership, or corporation, in which ownership is separate and distinct from that of any adjoining property. In cases where the property boundary is shown on the deed to be the center line of a street, for purposes of this chapter, the right-of-way line rather than the center line of the street shall be considered as the property boundary.
MAINTENANCE GUARANTEE
Any security which may be required by the Township of a developer, after final acceptance by the Township of improvements installed by the developer. Such security may include, but is not limited to, federal or commonwealth lending institution irrevocable letter of credit or restrictive or escrow account.
MARKER
A metal pipe or pin at least 1/2 inch in diameter and at least 24 inches in length.
MONUMENT
A stone, marble or concrete monument with a flat top at least four inches across and at least 24 inches in length, to the top of which is permanently affixed a brass or copper marker or on top of which is permanently inscribed a center mark.
OFFICIAL MAP
The Official Map of North Coventry Township and accompanying Official Map ordinance,[2] as may be amended from time to time, adopted in accordance with Article IV of the MPC.
[Added 4-7-2014 by Ord. No. 10]
OPEN SPACE, COMMON
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site, designed and intended for the use and enjoyment by residents of such development and possibly the general public. Common open space shall be substantially free of structures, but may contain such improvements as are in the finally approved development plan, and shall not include individually owned private yards, streets, and off-street parking areas unless provided in conjunction with a recreational facility.
OPEN SPACE PLAN
The North Coventry Township Open Space, Recreation and Environmental Resources Plan, as amended from time to time.
[Amended 2-13-2006]
OPEN SPACE, USABLE
Open space as defined under "open space, common" but excluding area covered by buildings, parking areas, rights-of-way, required yard setbacks, easements, floodplain, wetlands, slopes 15% and greater, public facilities such as school and churches, sewage treatment and disposal area and stormwater retention area, but including impervious surfaces associated with recreational site improvements such as bicycling and walking trails, game courts and open sided shelters.
ORNAMENTAL/FLOWERING TREE
Usually a deciduous tree selected for its perceived beauty and ability to add color to the landscape.
PARKWAY
A planting area parallel or adjacent to the cartway designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a pleasing view from the road. Parkways may or may not include curbs. They can include or be bordered by sidewalks but need not be.
PERFORMANCE GUARANTEE
An acceptable bond or funds in escrow sufficient to cover cost of required improvements, estimated in accordance with the provisions of this chapter.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Act 247 of 1968 as amended.[3]
PLAN
Any one or more of the following:
A. 
EXISTING FEATURESA plan to accompany preliminary and final application submissions that includes the property boundaries, a natural features inventory, and a man-made features inventory as required in this chapter.
B. 
FINALAn accurate and complete Site Design and Layout Plan, and Construction Improvements Plan prepared and sealed by a registered engineer, surveyor or landscape architect to be recorded upon approval.
C. 
GRADINGA plan graphically illustrating all earthmoving activities and the timing of such activities in accordance with the provisions of this chapter.
D. 
CONSTRUCTION IMPROVEMENTSA component of the Preliminary and Final Plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements required, including a Horizontal Plan, profiles and cross-sections.
E. 
LAND DEVELOPMENTA sketch, Preliminary or Final Plan, including written and graphic material, showing the provisions for development of a subject tract when a Subdivision Plan is not applicable.
F. 
LIGHTINGA plan that shows the type, location and intensity of site lighting as required by this chapter.
G. 
NATURAL RESOURCES PROTECTIONA plan addressing the requirements contained in the Natural Resource Conservation Overlay District and other requirements of this chapter.
H. 
PRELIMINARYA preliminary Site Design and Layout Plan showing the subdivision or land development proposed for a specific site containing the information required of such a plan by this chapter.
I. 
RECORDEDA Final Plan, with accompanying documents as required by this chapter, that has been recorded by the applicant in the Office of the Recorder of Deeds, Chester County, Pennsylvania.
J. 
SITE DESIGN AND LAYOUTA plan submitted that includes the layout and dimension of all proposed lots, location of all proposed streets, and the location of other sight features as required by this chapter.
K. 
SKETCHA plan submitted, at the applicant's option, for review and discussion prior to application for Preliminary Plan approval, including the information suggested for such plans by this chapter.
L. 
STORMWATER MANAGEMENT, AND SEDIMENT AND EROSION CONTROLSeparate or combined plans that contain all proposed stormwater management, and sedimentation and erosion control measures, as required by this chapter.
PLANNING COMMISSION
North Coventry Township Planning Commission.[4]
PLANTING SCREEN
Evergreen plantings, or a combination of evergreen and deciduous plantings, intended to provide an effective screen throughout the year.
RECREATION, ACTIVE
Those recreational uses which typically require significant physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to playgrounds, ball courts and swimming pools, excluding amusement parks.
RECREATION, PASSIVE
Recreational uses which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include, but are not limited to hiking, biking and picnicking.
RESERVE STRIP
A parcel of land separating a street from adjacent properties.
RETENTION BASIN
An impoundment that is designed to temporarily detain a certain amount of stormwater from a catchment area and which may be designed to permanently retain stormwater runoff from the catchment area; retention basins may always contain water.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic street and a minor street, with vehicular access only from the minor street.
RIGHT-OF-WAY
Land reserved or dedicated for use as a street, alley, interior wall, or for other public or private purpose.
RIGHT-OF-WAY, FUTURE OR REQUIRED
The right-of-way deemed appropriate to provide adequate width for future street improvements, as specified in this chapter.
RIGHT-OF-WAY, LEGAL
The existing right-of-way of dedicated streets as established by the Commonwealth of Pennsylvania or other appropriate governing authority.
RIPARIAN BUFFER
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer provides the following benefits: reduces the amount of nutrients, sediments, pesticides, and other harmful substances that reach watercourses, wetlands, and other surface water bodies; provides for shading of the aquatic environment to moderate temperatures and protect fish habitat; provides organic matter which provides food and habitat for bottom dwelling organisms essential to the food chain; increases streambank stability and reduces streambank erosion and sediment production; conserves natural features important to land and water features (e.g., headwater areas, groundwater recharge zones, streams, and prime wildlife habitat); and conserves natural, scenic, and recreation areas and promotes the functioning of greenways. For the purposes of this chapter, the riparian buffer shall be divided into two zones:
A. 
Zone One: Inner Riparian Buffer - This zone begins at the top of each streambank of an identified watercourse and occupies a margin of land with a minimum width of 35 feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank (at bankfull), as reviewed and approved by the Township Engineer. Where prohibitive slopes (+25%) are located within 35 feet of a watercourse, Zone One shall extend the entire distance of this sloped area.
B. 
Zone Two: Outer Riparian Buffer - This zone begins at the outer edge of Zone One and occupies a minimum width of 65 feet in addition to Zone One.
(1) 
In cases where Zone One extends beyond 35 feet due to the presence of prohibitive slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a total width of 100 feet.
(2) 
Where the Zone Two riparian buffer is not wooded, it shall be maintained as a filter strip of dense grass and forbs or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow. (See Chapter 370, Zoning, § 370-29B(4)(b)[5] for requirements in buffer areas without preexisting vegetation.)
[Amended 9-10-2007 by Ord. No. 135]
SANITARY SEWAGE
The water-carried domestic waste, e.g., wash water and household toilet wastes, from residences, business establishments, institutions, and industrial establishments as classified by the discharge criteria adopted by the North Coventry Municipal Authority. Hazardous, radioactive and toxic wastes are not domestic wastes.
SANITARY SEWERS
Any pipe, conduit, or appurtenance which conveys sewage, constitutes a part of the sewer system, or is used for collection purposes. Stormwaters, surface waters and groundwaters are excluded and prohibited from sanitary sewers.
SEDIMENT
Mineral or organic material which is being transported, or has been moved from its site of origin by wind, water, or gravity.
SEWAGE DISPOSAL FACILITIES
A. 
INDIVIDUALThe disposal of sewage from one dwelling unit by a septic tank or system, or other safe and healthful means, approved by the Chester County Health Department.
B. 
CENTRAL/COMMUNITY COLLECTION AND TREATMENT (CENTRALIZED)A sanitary sewage system which carries sewage from individual discharge points by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site and approved by the Pennsylvania Department of Environmental Protection.
C. 
PUBLIC SEWER SYSTEM (CENTRALIZED)An off-site system for collection, treatment, and disposal of sewage in which sewage is conveyed to the treatment facility by the North Coventry Municipal Authority, and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SIGHT DISTANCE
The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street. At street intersections, sight distance is measured from a point set back 15 feet from the intersection pavement edge or a street controlled by a stop sign or signal.
SOILS, ALLUVIAL (FLOODPLAIN)
Areas subject to periodic flooding and listed in the Soil Survey of Chester and Delaware Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, May 1963. Alluvial soils include, but are not limited to:
Bowmansville silt loam (Bo)
Chewacla silt loam (Ch)
Congaree silt loam (Cr)
Rowland silt loam (Ro, Rp)
Wehadkee silt loam (We)
SOILS, HYDRIC
A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. For the purposes of this chapter, hydric soils include any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). In North Coventry Township, hydric soils shall include, but are not limited to:
Soils with Major Hydric Components
Soils with Hydric Inclusions and
Hydric Component of the Inclusions
Bowmansville silt loam (Bo)
Chewacla silt loam (Ch) - Wehadkee (We)
Croton silt loam (Cr)
Congaree silt loam (Cn) - Wehadkee (We)
Wehadkee silt loam (We)
Readington silt loam (Rd) - Croton (Cr)
Worsham silt loam (We)
Rowland silt loam (Ro, Rp) - Bowmansville silt loam (Bo)
Where site conditions indicate that the location of hydric soils or the hydric inclusions differ from locations indicated by the SCS the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the SCS information shall be presumed to be accurate. Where the applicant seeks reclassification of hydric soils and their location such reclassification shall be undertaken by a Certified Soil Scientist or other similarly qualified professional.
SPECIMEN VEGETATION
Individual trees or other vegetation determined to be of specimen quality as determined by a registered landscape architect or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree and is not considered all inclusive.
Examples of Specimen Trees
Species
Minimum Size
(dbh)
(inches)
Species
Minimum Size
(dbh)
(inches)
Species
Minimum Size
(dbh)
(inches)
Apple
24
Locust
30
Sassafras
20
Ash
32
Maple
32
Spruce
30
Beech
32
Sycamore
36
Cherry
24
Oak
32
Tulip Poplar
36
Elm
30
Osage Orange
20
Walnut
30
Hemlock
30
Pine
30
Hickory
32
STEEP SLOPES
A. 
Those areas of land where the grade is 15% or greater. For the purposes of this chapter, steep slopes are divided into two categories:
(1) 
Precautionary slopes are those areas of land where the grade is 15 to 25%.
(2) 
Prohibitive slopes are those areas of land where the grade is 25% or greater.
B. 
Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For this chapter, slope shall be measured over three two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.[5]
STORMWATER MANAGEMENT FACILITY
Any feature, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff quality, rate, or quantity. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, and infiltration facilities.
[Amended 1-27-2014; 4-7-2014 by Ord. No. 10]
STREET
A public (dedicated) or private (undedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, road, or similar terms. The following terms and definitions shall apply to public streets:
A. 
ARTERIAL STREETThose streets serving large volumes of comparatively high-speed and long distance traffic and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation; existing arterial streets are identified as such in the Comprehensive Plan.
B. 
COLLECTOR STREETThose streets which, in addition to giving limited access to abutting property, intercept local or minor streets and provide routes, carrying considerable volumes of traffic to community facilities and to major traffic streets; existing collector streets are identified as such in the Comprehensive Plan.
C. 
CUL-DE-SAC STREETA street intersecting another street at one end and terminated at the other by a cul-de-sac.
D. 
HALF OR PARTIAL STREETA street generally parallel and adjacent to a property line, having a right-of-way width less than normally required for a satisfactory improvement and use of the street.
E. 
LOCAL STREETThose streets used primarily to provide access to abutting properties. New or proposed residential streets shall be further classified under the following subcategories of local streets.
(1) 
LOCAL ACCESS STREETThe lowest order street in the local residential street hierarchy. It is intended to carry the least amount of traffic at the lowest speed and provide the safest and most desirable environment for a residential neighborhood. Developments should be designed so that all, or the maximum number possible, of homes front on this class of street.
(2) 
SECONDARY DISTRIBUTOR STREETThe middle order street in the local residential street hierarchy. It is intended to carry more traffic than the local access street and should provide an acceptable if not optimum environment for a residential neighborhood.
(3) 
PRIMARY DISTRIBUTOR STREETThe highest order of street that can be classified as a local residential street. It is intended to carry the largest volume of neighborhood traffic at higher speeds and may also be necessary to carry traffic from one neighborhood to another. Direct access to homes should be limited from this type of street.
F. 
MARGINAL ACCESS STREETLocal streets, parallel and adjacent to abutting properties with controlled access points onto the collector or arterial street.
STREET TREE
A tree, shrub, bush or other woody vegetation growing within a public right-of-way along a street, in a median, in a boulevard, in a sidewalk tree well or median tree well, or in a similar area in which the public right-of-way borders areas owned by private individuals.
STRUCTURE
Any form or arrangement of building materials, on or in water or land, involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements and having a permanently fixed location. Structures include, but are not limited to buildings, sheds, mobile or manufactured homes, signs, fences or walls over six feet in height, aerials and antennae, porches, platforms, tennis courts, swimming pools, tents, tanks, and towers.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels of land, including changes in existing lot lines or street lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. Provided however, 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 and not involving any residential buildings, shall be exempted.
SUBDIVISION CHAPTER
The North Coventry Township Subdivision and Land Development Chapter, as amended from time to time.
[Added 2-13-2006]
SUBDIVISION PLAN, MAJOR
See § 320-10.
SUBDIVISION PLAN, MINOR
See § 320-10.
SUBSOIL
Clay, sand, gravel, or other natural earth material below the surface soil and containing little organic matter.
SUBSTANTIAL IMPROVEMENT
A substantial improvement includes any repair, reconstruction, rehabilitation, addition, or other improvement of a structure to an extent or amount equaling 50% or more of the market value of the structure before the start of construction of the improvement. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either of the following:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SUPERVISORS
The North Coventry Township Board of Supervisors.
SURFACE RUNOFF
That part of the precipitation that passes over the surface of the soil.
SURVEY, BOUNDARY
The determination of the boundaries of a tract of land as certified by a registered land surveyor.
SURVEYOR
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying or to perform engineering land surveys. A licensed land surveyor.
TIMBER HARVESTING OPERATION
The uprooting or removal of more than four trees per acre from any lot for the purpose of allowing or encouraging the natural regeneration or preservation of a tree stand, on a lot which has a gross area prior to any subdivision or land development of more than three acres and which is undertaken in compliance with a Township approved Timber Harvesting Plan.
TIMBER HARVESTING PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a forester with demonstrable expertise in forest management, and shall document measures to be taken to: protect water quality; minimize impacts from skid trails and logging roads and the tree removal process; minimize destruction of habitat; and ensure site restoration. The Timber Harvesting Plan shall include the minimum contents requirements (Section 5) and be consistent with the minimum forest practices (Section 6) of the Pennsylvania Model Forestry Regulations published by the Penn State School of Forest Resources.[6]
TOPSOIL
Natural and friable loam containing sufficient nitrogen, phosphorus and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
TOWNSHIP
North Coventry Township, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
The duly designated representative employed by North Coventry Township to perform the duties of the engineer as herein specified.
TRACT AREA OR SIZE, GROSS
The total amount of land contained with the limits of the legally described property lines bounding the tract.
TRACT AREA OR SIZE, NET
[Amended 1-22-2007]
A. 
The area of land contained within the limits of the legally described property lines bounding the tract, exclusive of any streets, rights-of-way, easements for purpose of access, stormwater management, sewer or water service or other infrastructure, and common open space, all of which presently exist or shall exist as a result of the development of such tract for the purpose and use allowed under Chapter 370, Zoning, and Chapter 320, Subdivision and Land Development, of North Coventry Township. Additionally, in determining and establishing the net tract area, exclude any area that has prohibitively steep slopes, that is in the Floodplain Conservation District, is within the Zone-One Riparian Buffer, and/or is within the wetlands, as defined by Chapter 370, Zoning.
B. 
Unless otherwise specified, where the term "tract area" or "tract size" is used in this chapter, it shall be interchangeable and construed to mean "net tract area" as defined herein.
UTILITY FACILITY
Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations, telephone exchanges and repeater stations, and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.
WALKWAY, PUBLIC
Any place designed or maintained for public pedestrian use, without regard to ownership.
WATERCOURSE
A watercourse is a channel or conveyance of surface water, such as a stream, creek, or run, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this chapter, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.
WATER SUPPLY
A. 
INDIVIDUALA supply of water to a single use or dwelling from a private well located on the lot on which the use is located and which does not fall under the definition of "community water supply."
B. 
COMMUNITYA system for supplying water from a common source or source to more than one dwelling and other buildings within a development. The water supply source may be located on-site or off-site and may be publicly or privately owned.
C. 
PUBLICA system for supplying water in sufficient quantities to more than one dwelling or other buildings of a development, which is administered by the municipal authority or by a municipality or public utility as defined and regulated by the Pennsylvania Public Utility Commission.
WATER TABLE
The upper surface of a zone of saturation, except where that surface is formed by an impermeable body.
WETLAND MARGIN
The transitional area extending from the outer limit of the wetland. For the purposes of this chapter, the wetland margin shall extend 100 feet from the wetland boundary or to the limit of hydric soils or hydric soil inclusions, whichever is less. Where precautionary or prohibitive slopes are located adjacent to the wetland boundary, the wetland margin shall extend to the limit of such slopes or 100 feet, whichever is less. In no case shall the wetland margin be less than 50 feet in width. The limit of the hydric soils shall be as defined in this chapter unless reclassified by a certified soil scientist. (See also "soil, hydric")
WETLANDS
Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.
WOODLANDS
A. 
A tree mass or plant community in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (i.e., larger than six inches dbh) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than six inches dbh, shall be considered a woodland. For the purposes of this chapter, the extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the community.
B. 
Woodlands do not include orchards or oldfields (former agricultural fields or pastures where natural succession has been allowed to occur, but where most trees are smaller than six inches dbh). Woodlands shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of woodland prior to timbering or disturbance.
WOODLAND DISTURBANCE
Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and herbaceous woodland floor species. Any activity which constitutes a land disturbance within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See also "invasive plant species.")
YARD
An open area around the inner periphery of a lot; a yard extends parallel to lot lines and street lines, and is measured as a distance perpendicular to lot and street lines.
ZONING MAP
The Official Zoning Map of North Coventry Township, as adopted or amended from time to time.
ZONING CHAPTER
Chapter 370, the Zoning Chapter of North Coventry Township, as adopted and amended from time to time.
[1]
Editor's Note: The Municipality Authorities Act of 1945 was repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See Ch. 240, Official Map.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See Ch. 61, Planning Commission.
[5]
Editor’s Note: The former definition of “storm event (return frequency storm),” which immediately followed this definition, was repealed 1-27-2014.
[6]
Editor's Note: A copy of the Model Forestry Regulations is available at the Township Building.