As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONMENT
The relinquishment of a use without intention to resume the said use as established under Article
XV.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
ACCESS ROAD
A roadway, normally designed and intended for use by motor
vehicles, which provides access to or into the forest land.
[Added 5-26-2009]
ACT 247
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.
ADAPTIVE REUSE
The development of a new use for a building originally designed
or used for another purpose.
ADMINISTRATIVE OFFICE
An establishment primarily engaged in management and general
administrative functions such as executive, personnel, finance, and
sales activities.
ADULT COMMERCIAL USE
Adult commercial uses shall include the following:
A.
A store or shop where the principal use is devoted
to the display and selling of pornographic materials which are pictures,
drawings, photographs, films, or other depictions or printed matter
and paraphernalia which, if sold knowingly to an individual under
the age of 18 years of age, would violate the criminal laws of the
Commonwealth of Pennsylvania in effect at the time thereof.
B.
Adult entertainment establishments such as cabarets,
nightclubs, movie theaters, bars or similar establishments providing
live or media entertainment.
C.
Any other business, establishment, or club which
offers its patrons services, entertainment, or retail goods or commercial
services characterized by an emphasis on activities or matter depicting,
describing, relating to, or displaying sexual or erotic activities.
AGRICULTURAL RELATED BUSINESS
An establishment primarily engaged in the following activities:
soil preparation services, crop services, landscaping, horticultural
services, veterinary or other animal services, farm labor and management
services, feed, seed and fertilizer stores, sale and repair of farm
machinery and farm vehicles, stables, aquaculture, or apiaries.
AGRICULTURE
The cultivating of soil, the raising of livestock or poultry,
and the harvesting of products of the soil, including but not limited
to nurseries, horticulture, and forestry.
AGRICULTURE, INTENSIVE
Agricultural uses involving the processing or production
of agricultural products which are likely to emit frequent, reoccurring
odors or noises considered obnoxious to a residential environment,
including but not limited to mushroom production, feedlots, mink farm,
commercial piggeries, and poultry houses.
AGRICULTURE, NONINTENSIVE
The cultivation of soil and the raising and harvesting of
products of the soil, including nurseries, horticulture, commercial
greenhouses, forestry, and the raising of animals and poultry not
to exceed a combined total of 1,000 pounds per acre, but excluding
intensive agriculture.
AIRPORT, COMMERCIAL
An area for landing and takeoff for aircraft where commercial
flight operations are permitted. Such use shall not be permitted within
the Township.
AIRPORT, PERSONAL USE
An area for landing and takeoff for aircraft (including ultralights
and balloons, but not including helicopters) which is restricted solely
to private use, is not maintained for financial return, and at which
commercial flight operations are not conducted. Such use shall only
be permitted as specified in this chapter.
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
ALLUVIAL (FLOODPLAIN) SOILS
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)
|
ALTERATION
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, or girders,
as well as any change in exterior doors or windows, or any enlargement
to or diminution of a building or structure, whether horizontally
or vertically, or moving of a building or structure from one location
to another.
AMUSEMENT PARK
A recreational use involving permanent structures or buildings
where there are various devices for entertainment, including rides,
booths for the conduct of games or sale of items, and buildings for
shows or entertainment.
ANIMAL HOSPITAL/VETERINARY OFFICE
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
ANIMAL SHELTER
The keeping of more than 10 dogs or more than 20 cats, or
a combination of dogs and cats equaling more than 15 animals, which
are lost, strays, unwanted, unlicensed or unowned, whether or not
the shelter is for the purpose of eventual adoption of the animals
or whether the shelter is run as a for-profit or nonprofit operation.
ANTENNA, COMMERCIAL COMMUNICATIONS
A structure that includes a transmitting, receiving, or relay
tower and support structures and accessory buildings that is licensed
by the Federal Communications Commission for the specified purpose
of television, radio or telephone communications or other wireless
communications beyond that which would be used for normal personal
or residential use. Such uses shall include a cellular, television,
radio or microwave tower.
[Amended 5-23-2005]
ANTENNA HEIGHT
The vertical distance measured from grade to the highest
point of the support structure or antenna, whichever is higher. If
the support structure is on a sloped grade, then the lowest grade
shall be used in calculating the height.
ANTENNA, MICROWAVE DISH
A parabolic earth based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish antenna," used or intended to receive microwaves, radio
waves, or electromagnetic waves from an overhead satellite.
ANTENNA, RADIO OR TELEVISION
A device, either freestanding or attached to a building,
used for receiving frequency signals, including television and radio
antennae and which is not used for commercial purposes. Such devices
shall also include ham and citizen band radio antennae used by amateur
radio operators.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
APPLICANT
A landowner or developer, as herein defined, who has filed
an application for development, including his heirs, 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 plat or plan, or for the approval
of a development plan.
AQUACULTURE
The controlled cultivation of aquatic plant and animal species.
AUTOMOBILE SALES
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreation vehicles and including any warranty repair
work and other repair service conducted as an accessory use.
AUTOMOBILE SERVICE/GAS STATION
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of motor vehicle fuel and
which may or may not include facilities for lubricating, washing,
or otherwise servicing motor vehicles, but which shall not include
painting or body and fender repairs, or the storage for sale of new
or used motor vehicles.
AUTOMOTIVE REPAIR FACILITIES
Establishments engaged in furnishing automotive repair services
to the general public and which may include painting or body and fender
repairs.
BANKING OR FINANCIAL INSTITUTION
Any building wherein the primary occupation or use is concerned
with such businesses as banking, savings and loan associations, credit
unions, loan companies, mortgage companies, or investment companies.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
BED-AND-BREAKFAST
A building occupied by a resident innkeeper containing eight
or fewer guest rooms for the temporary lodging of guests for compensation
and providing to the guests such lodging services as maid service
and accessory eating and drinking facilities limited to the serving
of breakfast.
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]
BIKE POD
A bicycle storage apparatus, similar to a bike rack, that
includes enclosures for individual bicycles.
[Added 6-23-2014]
BILLBOARD
A sign which directs attention to a business, commodity,
service or entertainment not conducted, sold or offered upon the premises
where such sign is located.
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 barrier to the continuity of development.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of North Coventry,
Chester County, Pennsylvania.
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.
BUFFER ZONE
An area of variable width and length, in which forest practices
are restricted and that is intended to provide a natural visual screen,
prevent damage to adjoining properties or to protect environmental
features.
[Added 5-26-2009]
BUILDING
Any structure having enclosed walls and roof, permanently
located on the land.
BUILDING, ACCESSORY
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
BUILDING COVERAGE
The ratio of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located.
BUILDING HEIGHT
The vertical measurement of a building from the mean level
of finished grade surrounding the building, to the point midway between
the highest and lowest points of the roof, excluding the chimney and/or
mechanical equipment above the roof, such as stair or elevator penthouse
and water towers.
BUILDING, PRINCIPAL
A building in which is conducted, designed to be conducted
or intended to be conducted, the primary use of the lot on which it
is located.
BUILDING SETBACK LINE
The line established within a lot, measured from the street
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.
BUILD-TO LINE
A line parallel to the front property line and measured from
the street right-of-way, which defines the placement of the building
facade on the lot.
[Added 6-23-2014]
BULK REGULATIONS
Standards that control the height, density, intensity and
location of structures, i.e., setbacks or yard requirements.
BUSINESS OFFICE
An office where a particular kind of business is transacted
or a service supplied and shall be limited to offices for management,
consulting, recordkeeping, and clerical work of a commercial, industrial,
mercantile, or service enterprise.
CALIPER
The diameter of a tree trunk measured at a point six inches
above the ground.
CANOPY OR FOREST CANOPY
The aerial cover formed by the outermost leaves and branches
on the tree within any woodland area.
[Added 5-26-2009]
CARTWAY
The paved portion of a street or right-of-way intended for
vehicular use.
CELL SITE
A tract or parcel of land that contains the commercial communication
antenna, its support structure, accessory building(s), and parking,
and may include other uses associated with, and ancillary to, commercial
communication transmission.
CEMETERY
Land used or intended to be used for burial of the deceased,
including columbariums, mausoleums, and mortuaries when operated in
conjunction with the cemetery and within the boundaries.
CLEAR-CUTTING
The removal of essentially all trees from a stand.
[Amended 5-26-2009]
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection;
defined by lines of sight between points at a given distance from
the intersection down the center lines of the street.
CLUB or LODGE
A building utilized as a private club or social organization
offering restaurant or bar privileges for members.
CLUSTER DEVELOPMENT
An arrangement of residential structures that allows for
grouping the structure by reducing lot area and yard requirements
and incorporating the remaining area as open space.
COMMERCIAL
A use of land, or improvements thereto, for the purpose of
engaging in retail, wholesale or service activities for profit.
COMMERCIAL PIGGERY
The raising of hogs or pigs on a commercial basis as the
principal use on the lot where the animals are fed garbage or other
edible waste.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antenna,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such devices. This definition
shall be interchangeable with definition of "antenna, commercial communications."
This definition shall not include private residence mounted satellite
dishes or television antenna or amateur radio equipment, including,
without limitation, ham or citizen ban radio antennas.
[Added 5-23-2005]
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 350 square feet.
[Added 5-23-2005]
COMMUNICATIONS TOWER
A structure other than a building, such as a lattice tower,
monopole tower, or other self-supporting tower, designed and used
to support communications antennas, not to exceed 150 feet in height.
[Added 5-23-2005]
COMMUNICATIONS TOWER REBUILD
A structure other than a building, such as a lattice tower,
monopole tower, or other self-supporting tower, designed and used
to support communications antennas, that is constructed in the general
location of an existing communications tower, is designed to carry
new communication antennae and the communications antennae from the
existing communications tower, and not to exceed the height of the
existing communications tower.
[Added 5-23-2005]
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.
[Added 9-25-2005]
COMPREHENSIVE PLAN
The Comprehensive Plan of North Coventry Township, as adopted
and amended from time to time.
CONDOMINIUM
A type of ownership, and not a type of use, wherein each
apartment or dwelling unit is owned in fee by its occupant, while
the land and such appurtenances as driveways, parking areas, sidewalks,
landscaping, swimming pools and other recreation facilities, streetlighting,
heating facilities, entrance lobbies, halls, elevators and on-site
utilities, remain under the ownership, with full responsibility for
maintenance, in the developer or any organization holding title to
such land and appurtenances.
CONSERVANCY LOT
A large, privately owned lot comprised primarily of open
land. The purpose of the conservancy lot is to provide surrounding
residents with visual access to open space land, while keeping the
land under private ownership and maintenance. Except for the portion
of the lot specifically designated for the house, yard, and related
accessory uses, the remainder must be deed restricted and used in
conformance with the standards for open space as set forth in this
chapter. Public access to conservancy lots is not required.
CONSTRUCTION
The erection, rebuilding, renovation, repair, extension,
expansion, alteration, demolition, or relocation of a building or
structure, including the placement of mobile homes.
CONSTRUCTION, NEW
Structures for which the start of construction commenced
on or after July 8, 1974, and includes any subsequent improvements
thereto.
CONVENIENCE STORE
A retail activity designed to serve a local market which
involves a delicatessen, small food, and sundries market. These uses
may also be accompanied by video tape sales and/or the sale of automotive
fuels, subject to the applicable zoning district ordinance provisions.
CONVERSION
An alteration of a building, structure or land by change
of use, theretofore existing, to a new use which imposes other special
provisions of a law governing building construction, equipment, exits
or zoning regulations.
CUL-DE-SAC
A single access street intersecting another street at one
end and terminated at the other by a vehicular turnaround, built to
Township public street standards for vehicular traffic flow.
DAY CARE
B.
COMMERCIAL CHILD DAY-CARE CENTERA facility which exclusively provides supplemental parental care and/or instruction to children who are not related to the caregiver or operator; where tuition, fees, or other forms of compensation are charged; and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
C.
HOME DAY CAREA major home occupation in which a private residence is used for the care and supervision of between four to six children or adults, not related to the caregiver.
DBH
The diameter of a tree at breast height, measured at 4.5
feet from the ground surface at the point of the highest elevation
in contact with the trunk of such tree.
[Amended 5-26-2009]
DENSITY, GROSS
The total land area divided by the total number of dwellings
to be housed thereon, expressed in dwelling units (DU) per acre.
DENSITY, NET
The number of dwelling units per acre of land devoted to
any one particular housing type, including yards, off-street parking
and driveway facilities directly serving those particular dwelling
types, but excluding 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 of Chester County, or their representative having jurisdiction
in the Township.
DEVELOPER
Any landowner, agent of such landowner, tenant with permission
of such landowner, or equitable owner, who makes or causes to be made
an application for a subdivision or 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 of equipment or materials; and the subdivision of land.
DEVELOPMENT PLAN
The design or site layout plan required for certain land
uses and development design options which cover the entire property.
DISCONTINUANCE
The cessation of the use of property evident from the continuous
lack of maintenance or occupancy.
DISTRICT
A geographically definable area possessing a significant
concentration, linkage, or continuity of sites, buildings, structures,
or objects for the purpose of establishing zoning regulations.
DRAINAGE
The movement of water from an area by stream or sheet flow,
and removal of excess water from soil by downward flow.
DRINKING ESTABLISHMENT
Any inn, tavern, restaurant, club or lodge in which alcoholic
beverages are consumed on the premises.
DRIPLINE
The line extending vertically from the exterior edge of the
outermost leaves and branches on the tree to the ground.
[Added 5-26-2009]
DWELLING
Any building or other structure designed for, and occupied
exclusively for, residential purposes, including an apartment and
mobile home, but excluding rental units in a motel, rooming house,
tourist home, institutional home, dormitory, and the like. It is the
intention to include within the definition of dwelling all recognized
housing types, architectural types or styles, or combinations thereof,
whether such housing units are for lease or for sale. Dwelling types
include, but are not limited to, the following:
A.
SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence, containing one dwelling unit and having no common or party wall with an adjacent dwelling, and having yards on all sides. Where a private garage is structurally attached to such building, it shall be considered as part thereof.
B.
SINGLE-FAMILY SEMIDETACHED (TWIN)A building designed for and occupied exclusively as a residence, containing two dwelling units separated by a vertical common or party wall and having yards on all but one side.
C.
DUPLEXA building designed for and occupied exclusively as a residence, containing two dwelling units, in an "over and under" arrangement, separated by a horizontal common or party wall and having yards on all sides.
D.
SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building designed for and occupied exclusively as a residence, containing three but not more than eight dwelling units each accommodating one family and which are attached by a vertical common party wall and which have side yards adjacent to each end unit.
E.
MULTIFAMILYA building designed for and occupied exclusively as a residence, containing three or more dwelling units, but which does not meet the definition of a "townhouse."
DWELLING UNIT
A single living space for one family, excluding individual
rental units in a motel, rooming house, tourist home, institutional
home, dormitory, and the like.
EASEMENT
An interest in land owned by another that entitles the holder
of the easement to a specific use or enjoyment of the land.
EATING ESTABLISHMENT
A place of business open to the public which dispenses prepared
food and nonalcoholic drink.
EDUCATIONAL USE
Use of land or building(s) for the establishment and maintenance
of a public or private college, secondary or elementary school, or
other educational institution for the primary purpose of instruction
and learning.
EFFECTIVE DATE OF THE CHAPTER
The date upon which this chapter officially comes into effect,
except that with respect to the subject matter of any amendment, said
date shall mean the date upon which the particular amendment became
or becomes effective.
EFFECTIVE SCREEN
A wall, fence, plantings, earth works, or combinations thereof,
which are arranged or placed so as to divert attention from, or obstruct
at least 50% of an otherwise clear view of a use or activity during
all seasons of the year, as outlined by this chapter. (See also "planting
screen.")
ELECTRIC SUBSTATION
Buildings or structures and equipment erected and used for
the purposes of transmission, switching or transforming of electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities or housing
of repair crews.
ENGINEER, TOWNSHIP
A professional engineer, licensed by the Commonwealth of
Pennsylvania, and duly appointed as the engineer for the Township
of North Coventry, Chester County.
ENVIRONMENTALLY SENSITIVE AREAS
Those areas of land the disturbance of which would contribute significantly to the degradation of environmental conditions or amenities. Environmentally sensitive areas include, but are not limited to, those resources protected in §
370-29 of this chapter.
EROSION
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
[Added 5-26-2009; amended 1-27-2014]
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.
[Added 9-25-2005]
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 9-11-2017 by Ord.
No. 30]
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added 9-11-2017 by Ord.
No. 30]
FAMILY
A single housekeeping unit functioning as a family and:
[Amended 11-14-2005]
B.
Is not a residential use that is institutional
in character, in form or function; and/or
C.
Is not a use otherwise permitted under this
Zoning Chapter as a nursing home, convalescent home or institutional
use; and/or
D.
Is not an alcohol or drug treatment facility,
a work release facility for convicts or ex-convicts; and/or
E.
Is not a housing facility serving as an alternative
to incarceration; and/or
F.
Is a dwelling for no more than five unrelated
individuals living together and doing their cooking on the premises.
FELLING
The act of cutting a standing tree so that it falls to the
ground.
[Added 5-26-2009]
FENCE OR WALL
Any freestanding and uninhabited structure erected to secure
or divide a property from another, or part of a property from the
remaining part of the same property.
FILL
Material, exclusive of structures, placed or deposited so
as to form an embankment or to raise the surface elevation of the
land.
FLAGPOLE
A pole or staff from which a flag or flags are flown, together
with apparatus for raising and lowering the flag or flags, and a decorative
finial, and which pole serves no other ancillary purpose.
FLOOD ELEVATION, BASE
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Amended 7-10-2017 by Ord. No. 30-01]
FLOOD ELEVATION, REGULATORY
The base flood elevation, plus a freeboard safety factor
of 1 1/2 feet.
[Amended 7-10-2017 by Ord. No. 30-01]
FLOOD, BASE
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
[Amended 7-10-2017 by Ord. No. 30-01]
FLOOD FRINGE
The remaining portions of the one-hundred-year floodplain
in those areas in the Flood Insurance Study where a floodway has been
delineated. The basis for the outermost boundary of this area shall
be the one-hundred-year-flood elevations as shown in the flood profiles
contained in the Flood Insurance Study.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added 9-11-2017 by Ord.
No. 30]
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 9-11-2017 by Ord.
No. 30]
FLOOD, ONE-HUNDRED-YEAR
The highest level of flooding that, on the average, is likely
to occur every 100 years; that is, that has a one-percent chance of
occurring each year as delineated by the Flood Insurance Rate Maps
(FIRMs) developed as issued by the Federal Emergency Management Agency
(FEMA) (see also "base flood").
[Amended 9-11-2017 by Ord. No. 30]
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream,
or watercourse, which is subject to partial or complete inundation
from an adjoining or nearby stream, river or watercourse; and/or any
area subject to unusual and rapid accumulation or runoff of surface
waters from any source.
[Amended 9-11-2017 by Ord. No. 30]
FLOODPLAIN, APPROXIMATED
The areas identified as Zone A in the FIS for which the base flood elevations have not been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the base flood elevation, as well as a floodway area, if possible. When no other information is available, the base flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. (See §
370-28 for additional information pertaining to this definition.)
[Amended 9-11-2017 by Ord. No. 30]
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.
[Added 9-11-2017 by Ord.
No. 30]
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. The areas identified as "floodway" in the Flood Insurance
Study (FIS) prepared by FEMA. The term shall also include floodway
areas which have been identified in other available studies or sources
of information for those floodplain areas where no floodway has been
identified in the Flood Insurance Study. In an area where neither
FEMA maps or studies or other available studies or sources of information
have defined the boundary of the one-hundred-year floodway, it is
assumed, absent evidence to the contrary, that the floodway extends
from the center line of the stream and to 50 feet beyond the top of
the bank of the stream on both sides.
[Amended 1-27-2014; 9-11-2017 by Ord. No. 30]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of the wall separating two buildings, but not including
interior parking spaces, interior loading space for motor vehicles,
or any interior space where the floor-to-ceiling height is less than
six feet.
FLOOR AREA, GROSS USABLE
That floor area within a building, on all floors of such
building which are used for or related to the business or use conducted
within the building, including all lavatory areas, corridors, storage
areas and other areas used to keep stock and inventory, but exclusive
of the following areas: elevator shafts, stairwells, first floor lobby,
storage area in the basement, and any room or area dedicated to the
heating plant, air-conditioning equipment or other utility areas necessary
for the operation of the building.
FLOOR AREA, HABITABLE
The floor area within exterior walls designed for year-round
human occupancy, excluding such spaces as garages, accessory buildings,
basements, attics, patios and porches.
FOREST MANAGEMENT
The practical application of biological, physical, quantitative,
managerial, economic, social and policy principles to the regenerations,
management, utilization and conservation of forests to meet specified
goals and objectives while maintaining the productivity of the forest.
Note: Forest management includes management for aesthetics, fish,
recreation, urban values, water, wilderness, wildlife, wood products
and other forest resource values.
[Added 5-26-2009]
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
FREEBOARD
A dimension or distance above a floodplain or flood hazard
area, utilized as a margin of safety. (See also "flood elevation,
regulatory.")
FRONTAGE
The length of a front lot line coinciding with a street line.
FUELING POSITION
At an automobile service or gas station, the location adjacent
to a fuel dispensing pump capable of dispensing fuel to a single vehicle.
Each side of the pump that is capable of dispensing fuel to a vehicle
shall be considered a separate fueling position. For example, a facility
with two pumps, but where four vehicles can be fueled simultaneously,
has four fueling positions.
GARAGE, PRIVATE
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC PARKING
A building other than a private garage, one or more stories
in height, used solely for the commercial storage or parking of motor
vehicles.
GARAGE/YARD SALE
The temporary display and sale of goods and craft items on
a residentially used property.
GOLF COURSE
An organized, unlighted playing area containing a minimum
of nine holes, constructed according to PGA and USGA Standards and
excluding miniature golf courses and driving ranges.
GREEN
An informally landscaped public open space.
[Added 6-23-2014]
GREEN AREA
That portion of a tract or lot maintained in its natural
state or landscaped with shrubs, trees, and lawn, which is not occupied
by any buildings, paved surfaces or man-made structures.
GREENHOUSE, COMMERCIAL
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
or humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale.
GREENWAY
A corridor of undeveloped land preserved for recreational
use or environmental protection.
[Added 6-23-2014]
GROUNDWATER RECHARGE
The replenishment of water, contained in interconnected pores
located below the water table in an aquifer, from the infiltration
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 or 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.
[Amended 5-26-2009]
HEIGHT OF COMMUNICATIONS TOWER
The vertical distance measured from the based of the tower
to the highest point of the tower structure, including any antenna
affixed thereto.
[Added 5-23-2005]
HELIPORT
An area of land or a structural surface which is designed,
used, or intended to be used for the landing and takeoff of helicopters,
and which includes appurtenant areas which are designed to be used
for helicopter support facilities such as maintenance, refueling,
and hangars. Such use shall not be permitted within the Township.
HELISTOP
An area of land or a structural surface which is designed,
used, or intended to be used for the landing and takeoff of helicopters,
but which is restricted in use to the persons authorized by the owner
of the facility. Such use shall only be permitted as an accessory
use as specified in this chapter.
HIGH-VALUE SPECIES
Any tree(s) of the following species that is greater than
or equal to 12 inches in diameter at breast height (DBH):
[Added 5-26-2009]
|
Botanical Name
|
Common Name
|
---|
|
Acre saccharium
|
Sugar Maple
|
|
Carya cordiformis
|
Bitternut Hickory
|
|
Carya glabra
|
Pignut Hickory
|
|
Carya ovata
|
Shagbark Hickory
|
|
Carya tomentosa
|
Mockernut Hickory
|
|
Fagus grandifolia
|
American Beech
|
|
Fraxinus americana
|
White Ash
|
|
Juglans nigra
|
Eastern Black Walnut
|
|
Quercus alba
|
White Oak
|
|
Quercus bicolor
|
Swamp White Oak
|
|
Quercus coccinea
|
Scarlet Oak
|
|
Quercus montana
|
Chestnut Oak
|
|
Quercus palustris
|
Pin Oak
|
|
Quercus rubra
|
Northern Red Oak
|
|
Quercus velutina
|
Black Oak
|
HIGHWAY ACCESS POINT
The location or place of egress and ingress to a street or
highway created by a driveway, alley, or other street.
HIGHWAY COMMERCIAL DEVELOPMENT
A commercial establishment located on a contiguous lot area
of 10 acres or more which includes at least five retail stores and
in which stores have a combined floor area of at least 100,000 square
feet.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
C.
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 approved programs.
HOME OCCUPATION
An activity conducted for profit by persons residing on the
premises, which is clearly subordinate to the residential use of the
property. Home occupations are further divided into two categories,
major and minor, as defined below:
A.
MINOR HOME OCCUPATION or NO-IMPACT HOME BASED BUSINESSA business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that does not involve customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with a residential use. The business or commercial activity shall also satisfy the criteria of §
370-50A of this chapter in order to qualify as a minor home occupation.
B.
MAJOR HOME OCCUPATIONA home occupation which requires additional review and regulation because of its potential impact on the area in which it is located. A major home occupation is specifically defined as a home occupation that does not meet one or more of the criteria of a minor home occupation as outlined in §
370-50A of this chapter.
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.
HORTICULTURE
The cultivation of fruits, vegetables, flowers, or ornamental
plants. A form of agriculture.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, or other abnormal physical or
mental conditions, and including as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
HOTEL
An establishment open to transient guests and in which lodging
with or without meals is offered for compensation and in which access
to guest rooms is from an interior lobby, corridor or hallway accessed
from a common entrance.
HYDRIC SOILS
A.
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)
|
B.
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.
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]
INDUSTRIAL PARK
A grouping of two or more industrial establishments which
are subdivided and developed according to a unified plan that includes
the common use of streets and utilities.
INSTITUTIONAL HOME OR USE
A building, structure or use that houses more than five individuals
that are not related and would be a building, structure or use regulated
as an institutional use under the Uniform Building Code or any Pennsylvania
State health, welfare or safety act, statute or code classifying such
home, structure, building or use as an institutional use for purposes
of health, safety or welfare regulation, permitting or classification
of the use or structure.
[Added 2-26-2007]
INTERSECTION
All of the area comprising where two or more streets, roads
or rights-of-way meet.
[Added 11-14-2005]
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).
[Amended 5-26-2009]
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, 4th or later editions.
JUNKYARD
Any area or structure used for the collecting, storage and/or
sale of waste paper, rags, scrap metal, or discarded material, or
for the collecting, dismantling, storage, or salvaging of machinery
or wrecked, disabled, or unregistered vehicles. The collecting, dismantling,
deposit, storage and/or salvaging of two or more vehicles which are
wrecked, disabled, currently unregistered or without a current inspection
sticker, shall constitute a junkyard. Toxic wastes, radioactive materials,
poisons, and other substances which are potentially harmful to man
are excluded from this definition.
KENNEL
The use of land, building or structure for the purpose of
breeding, boarding, training or grooming customary household pets
for compensation, or the maintenance of four or more dogs that are
more than six months old on a single lot or contiguous lots under
single ownership or lease.
LABORATORY
A building or group of buildings in which are located facilities
for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
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.
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.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants; or
(2)
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.
C.
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 three 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;
(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 DISTURBANCE
Any activity which exposes soils, alters topography and/or
alters vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
LANDING
A place where logs, pulpwood or firewood are assembled for
transportation to processing facilities.
[Added 5-26-2009]
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he 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 ground cover
in all open areas of the lot, and in addition, the planting of evergreen
and deciduous trees, and shrubs, including the maintenance thereof,
for the control of erosion, retention of precipitation, protection
against the elements, promotion of human comfort, and otherwise protecting
the public health, safety and welfare.
LAUNDROMAT
An establishment providing washing and drying machines or
dry-cleaning services on the premises for rental use to the general
public for laundering of clothing or dry-cleaning purposes.
LEGAL HOLIDAY
The term "legal holiday," as used in this chapter, shall
mean and include New Year's Day, birthday of Martin Luther King, Jr.,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
[Added 5-26-2009]
LITTER
Discarded items not naturally occurring on the site such
as tires, oil cans, equipment parts and other rubbish.
[Added 5-26-2009]
LOADING SPACE
A space, accessible from a street or accessway, in a building
or on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
LOP
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
[Added 5-26-2009]
LOT
A parcel of land which is occupied or to be occupied by one
principal building or use, together with any accessory buildings or
other structures or uses customarily incidental to such principal
buildings or other structure or use, or such other uses specifically
authorized herein to be combined with said principal use, and such
open spaces as are arranged or designed to be used in connection with
such principal building or other structure or use, such open spaces
and the area and dimensions for such lot being not less than the minimum
required by this chapter.
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 right-of-ways, or existing or proposed easements.
[Amended 2-26-2007]
LOT AVERAGING
Development design option which allows flexibility in lot
size, provided the average lot size as is required within the district
is maintained.
LOT, CORNER
A lot bounded by two or more intersecting streets, or at
the point of abrupt change in direction of a single street, the interior
angle of which is not greater than 135°.
LOT COVERAGE
The ratio of the total ground floor area of all impervious
surfaces to the total area of the lot on which they are located.
LOT LINE
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street deemed
to be the same as the street line, the lot line shall not be the center
line of the street, or any other line within the street line even
though such may be on the property boundary line in a deed.
LOT LINE, FRONT
The lot line abutting a street and coinciding with the street
line; in the case of a corner lot, each street on which the corner
lot abuts shall be considered a front lot line.
LOT LINE, REAR
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
possible distance from the front lot line. In the case of a corner
lot, see "yard, front."
LOT, MOBILE HOME
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.
LOT, REVERSE OR DOUBLE FRONTAGE
A lot extending between and having frontage on two generally
parallel streets with vehicular access only from the minor street.
LOT WIDTH
The distance, in feet, between the two opposite side lots,
or between the side lot line and the front lot line in the case of
a corner lot, measured at either the building line or the street line,
and parallel to the street line.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for the parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added 9-25-2005]
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.
[Added 9-25-2005]
MEDICAL CENTER
A building containing establishments dispensing health care
services, including services for health maintenance and the treatment
of mental and physical conditions where such services are provided
on an outpatient basis.
MINIMUM BUILDABLE AREA
That area of a lot that has no development restrictions. The minimum buildable area shall not include the area of any required setbacks (except driveways which cross yards), buffer yards, natural features with 100% protection as specified in §
370-29, and the portion of other protected natural features that may not be developed or intruded upon.
MINI-WAREHOUSE
Storage units provided for lease to the public for the purpose
of storage of personal property generally stored in residential structures
and in which each storage unit has direct access from the outside.
MIXED USE
The use of a building or a lot for two or more principal
uses.
MOBILE HOME
A transportable, single-family 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, including any
addition or accessory structure, such as porches, sheds, decks or
additional rooms. The term includes park trailers, travel trailers,
recreational, and other similar vehicles which are placed on a site
for more than 180 consecutive days.
MOBILE HOME PAD
A concrete pad for the purpose of supporting a mobile home.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more manufactured or mobile home lots.
MOBILE HOME PARK OPERATOR
The owner of a mobile home park, or his authorized agent,
who is duly licensed for maintaining a mobile home park in the Township.
MOTEL
An establishment open to transient guests and in which lodging
with or without meals is offered for compensation and which has a
parking space for each guest facility and access directly from the
outside.
MUNICIPAL USE
Any building, structure, facility, complex, area or use,
provided, constructed, or maintained by the municipal government of
North Coventry Township, the North Coventry Municipal Authority, or
the North Coventry Water Authority, Chester County, Pennsylvania.
NEIGHBORHOOD COMMERCIAL USE
Commercial uses intended primarily for the use of local residential
neighborhoods within the Township and its immediate vicinity. Neighborhood
commercial uses include retail businesses for the sale of food, drugs,
flowers, household goods, newspapers, stationary, art supplies, fine
art sales, and tobacco; and personal service uses, including barber
or beauty shops, tailor shop, photographic studios, shoe repair, and
similar types of businesses, but shall not include convenience stores
as defined elsewhere in this chapter.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective start date of the floodplain management
article and includes any subsequent improvements to such structures.
Any construction started after August 15, 1978, and before the effective
start date of the floodplain management article 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 9-11-2017 by Ord. No. 30]
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Added 9-11-2017 by Ord.
No. 30]
NONCONFORMING LOT
A lot or site which does not comply with the applicable dimensional
regulations, including those related to site area, lot area, and lot
width, in this chapter or amendments hereafter enacted where such
lot was lawfully in existence prior to enactment of this chapter or
amendments.
NONCONFORMING SIGN
Any sign lawfully existing at the time of the passage of this chapter that does not conform in use, location, height, or size to the regulations of Article
XIII, Signs.
NONCONFORMING STRUCTURE
A structure which does not comply with the applicable dimensional
regulations, including those relating to density, impervious surfaces,
building coverage, building height, and setbacks in this chapter or
amendments hereafter enacted where such structure was lawfully in
existence prior to enactment of this chapter. Such structures include,
but are not limited to, buildings, fences, and swimming pools.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such chapter or amendment, or prior to the
application of such chapter or amendment to its location by reason
of annexation.
NURSERY
Land or greenhouses used to raise flowers, shrubs, trees,
and/or other plants for commercial purposes.
NURSING HOME OR CONVALESCENT HOME
A building or series of buildings for the housing and care
of persons in need of specialized care and attention, but which does
not necessarily meet hospital level of services.
OFFICE BUILDING
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or similar
activity and where no goods, merchandise, or materials are stored
for sale, exchange, or delivery on the premises.
OFFICE PARK
A grouping of two or more office buildings which are subdivided
and developed according to a unified plan involving the layout of
several lots, buildings, access streets, landscaping, and other improvements
typically in a campus-like setting.
OFFICIAL MAP
The Official Map of North Coventry Township and accompanying Official Map Ordinance, as may be amended from time to time, adopted in accordance with Article
IV of the MPC.
[Added 4-7-2014]
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, USABLE
Open space as defined under "open space, common," but excluding
area covered by buildings, parking areas, rights-of-way, private yards,
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 bicycle and walking trails, game courts and open-sided shelters.
OWNER; LANDOWNER
The individual, partnership, company, firm, association or
corporation which holds title to standing timber and to the land on
which it is situated, including his agents or subcontractor or employees.
[Added 5-26-2009]
PARKING SPACE
A space located off the public right-of-way designed and
designated for parking a motor vehicle.
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
PARTY WALL
A common shared wall between two separate structures, buildings,
or dwelling units.
PERSONAL SERVICE ESTABLISHMENT
A building in which limited services consistent with neighborhood
needs are offered to the general public. Examples of such services
include, but are not limited to: barber and beauty shops, pharmacies,
dry-cleaning and tailoring shops, shoe repair shops, travel agencies,
or photocopy shops.
PLANNING COMMISSION
The Planning Commission of North Coventry Township, Chester
County, Pennsylvania.
PLANTING SCREEN
A combination of deciduous (leaf-shedding) and evergreen
plantings intended to provide an effective screen throughout the year.
(See also "effective screen.")
PLAT
The map or plan of a subdivision of land, whether preliminary
or final.
PLAT, RECORDED
The final plat, or engineering layout of streets and lots,
easements, common open space and public grounds, which has been duly
approved by all necessary officials and bodies, and recorded in the
Office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.
PREMISES
A separate lot, tax parcel, tract, or plot of land together
with the buildings and structures thereon. Premises may include more
than one occupant on a lot or parcel, such as an office building or
planned commercial center.
PROCESSING
A function involved in the manufacturing of materials, goods
or products in which they are not physically changed except for packaging
or sizing.
PROFESSIONAL CONSULTING FORESTER
A forester who has obtained the professional certification
of Certified Forester®, by the Society of American Foresters (SAF)
or full membership in the Association of Consulting Foresters of America
(ACF), for the purposes of this chapter, shall be considered a professional
consulting forester. Alternatively, and prior to filing any permit
application, an individual can petition the Board of Supervisors to
qualify as a professional consulting forester under this chapter by
submitting his or her educational and professional qualifications,
samples of previous timber harvest plans and references from Pennsylvania
townships/boroughs for review. The minimum requirements of a person
for consideration are:
[Added 5-26-2009]
A.
A Bachelor of Science degree in Forestry from a college accredited
by the Society of American Foresters;
B.
Engagement in forestry consulting work to the general public
on a fee or contractual basis;
C.
No economic interest in timber purchasing or procurement entities;
and
D.
Preparation of a minimum of five approved Timber Harvesting
Plans within the state.
PROFESSIONAL OFFICE
The office of a member of a recognized and lawful profession
maintained for the conduct of that profession, including, but not
limited to, dentists, doctors, chiropractors, attorneys, and accountants.
PUBLIC GROUNDS
Includes parks, playgrounds and other public areas, and the
sites for schools, sewage treatment, refuse disposal and other publicly
owned or operated facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, intended to inform and obtain public comment prior to taking
action.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in North Coventry 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 be not less than seven days from the date of the hearing.
PUBLIC SERVICE FACILITIES
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.
PUBLIC USE
Any building, structure, facility, complex, or area used
by the general public or which provides a service to the public, whether
constructed by a state, county, or municipal government agency, or
any private individual, partnership, association, or corporation.
PUBLIC WATER SYSTEMS (PWS)
A system that provides piped water for human consumption
to at least 15 service connections or serves an average of at least
25 people for at least 60 days each year. PWSs can be community, nontransient
noncommunity, or transient noncommunity systems. Community water systems
(CWS) provide water to the same population year round. Examples of
CWSs are municipal systems, authorities, and residential developments
having a community water system and water source. Nontransient noncommunity
water systems (NTNCWS) are PWSs that are not CWSs, but that regularly
serve 25 of the same people at least six months of the year. Examples
of NTNCWSs are schools, factories and hospitals that have their own
water system and water source. Transient noncommunity water systems
(TNCWS) are public water systems that provide water to transitory
customers in nonresidential areas such as campgrounds, motels, and
restaurants having their own water system and water source.
[Added 3-10-2008]
Q7-10 FLOW
A statistical estimate of the lowest average flow that is
experienced during a consecutive seven-day period with a recurrence
interval of 10 years. Because the flow is estimated to recur on an
average of only once in 10 years, it is usually an indicator of low
flow, stressed stream conditions during drought.
[Added 3-10-2008]
QUARRYING/MINING
Removal of sand, clay, gravel, topsoil, or similar extractive
operations, including borrow pits (excavations for removing material
for fill operations).
RADIO, TELEVISION, OR MICROWAVE TRANSMITTER OR TOWER
A structure that includes a transmitting, relay, or antenna
tower, and support structures and accessory buildings that is licensed
by the Federal Communications Commission for the specified purpose
of transmitting or receiving television, radio, or telephone communications.
RARE SPECIES SITE
Any area which has been identified as possessing floral or
faunal species of concern or sites in which federally and/or state-recognized
rare, threatened or endangered species of flora and/or fauna are present.
[Added 5-26-2009]
RECREATION, ACTIVE
Those recreational uses which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to playgrounds, ball courts
and swimming pools, excluding amusement parks.
RECREATIONAL EQUIPMENT, MAJOR
Major recreation equipment shall include boats and boat trailers,
travel trailers, pickup campers or coaches (designed to be mounted
on automotive vehicles), tent trailers, snowmobiles, and apparatus
used for transporting recreational equipment, whether occupied by
such or not, and any other similar equipment or apparatus.
RECREATIONAL FACILITY
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational
activities.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the
largest horizontal projections;
C.
Designed to be self-proposed or permanently
towable by a light-duty truck;
D.
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
RECREATION, OUTDOOR
A recreational use and associated facilities designed and
equipped for the conduct of sports and leisure time activities, including
swimming, tennis and other court games, baseball and other field sports,
playground and other outdoor activities, but excluding amusement parks,
go-cart tracks, shooting ranges and other activities which generate
noise objectionable to a residential environment.
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.
RECREATION USE, INDOOR
The use of a building or part thereof for indoor sports such
as bowling, tennis, racquetball, squash, indoor basketball, indoor
swimming, and those sports activities usually conducted indoors, but
excluding target shooting or any other activities that create loud
noises or may be dangerous or disturbing to surrounding residents.
RECYCLING CENTER
A business that accumulates material such as paper, glass,
aluminum, and plastic that is no longer useful for its original purpose.
The materials are then transported off the premises to be manufactured
into a new product. A place for the collection and storage of materials
suitable for recycling into usable products of the like, kind and
quality of the materials collected.
REFORESTATION
The restocking of an area with forest trees, including natural
regeneration, as well as tree planting.
RELIGIOUS USE
A nonprofit use of land or a building primarily as a place
of worship. The definition shall not include any nursing, convalescent
or transition use. The definition shall also not include a residential
use other than a rectory and parish house that is not a primary but
ancillary use. A school that is ancillary to the religious use shall
be considered a permitted accessory and educational use.
[Amended 11-14-2005]
RENTAL UNIT
An individual space offered for rent or lease within a motel,
hotel, rooming house, tourist home, institutional home, dormitory,
or in a professional or commercial office building.
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 flood.
[Added 9-25-2005]
RESORT
A facility for transient guests where the primary attraction
is health and/or recreational features or activities.
RESTAURANT
A place of business serving food and beverages prepared for
consumption on the premises, and providing table or sit-down service,
but not including outdoor curb service.
RESTAURANT, FAST-FOOD
An eating establishment where customers place their orders
at a service area located indoors, but separate from any seating facilities,
and where food is either consumed at seating facilities or is taken
out for consumption.
RESTAURANT, FAST-FOOD WITH DRIVE-THROUGH SERVICE
A fast-food restaurant as described above, but which also
provides service to customers who remain seated in automobiles where
customers are served either through an exterior window in the establishment,
or directly to parked automobiles on the premises.
RETAIL SERVICES
Establishments providing services or entertainment, as opposed
to products, to the general public, real estate and insurance, personal
service establishments, motion pictures, amusement and recreation
service, educational and social services, museums and galleries.
RETAIL STORE/TRADE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods, such as, but not limited
to hardware store, pharmacy, magazine or book store, florist, or clothing
store.
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.
[Added 1-27-2014]
RETIREMENT COMMUNITY
A.
A development of individual or multiple dwelling
units which is designed for adults and which meets the definition
of "housing for older persons" as set forth in the Fair Housing Amendments
Act of 1988, as amended.
B.
Exclusively for adult individuals and/or couples
who are at least 55 years of age and includes facilities or services
specific to the population.
RIGHT-OF-WAY
Land that is reserved or dedicated for use as a street, alley,
walkway, intersection or the area relating thereto comprising the
intersection for any public or private purpose.
[Amended 11-14-2005]
RIGHT-OF-WAY, FUTURE
The right-of-way deemed appropriate to provide adequate width
for future street improvements.
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 thirty (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 (more
than 25%) are located within thirty (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
Subsection b(5) below for requirements where vegetation does not exist
in the buffer prior to proposed development.)
ROAD
Shall have the same meaning as "street" as defined hereunder.
[Added 11-14-2005]
ROOMING HOUSE
A dwelling in which weekly or monthly sleeping accommodations
are provided for rent to more than two but less than 10 persons, whether
or not the serving of meals is included.
SANITARY LANDFILL
An approved site licensed by the Commonwealth of Pennsylvania
for solid waste disposal where the solid waste is spread in thin layers,
compacted to the smallest practical volume and covered with soil at
the end of each working day.
SECONDARY FARM FAMILY BUSINESS
An agricultural accessory use, such as repair of agricultural
equipment, butcher shop, or processing of local agricultural products,
which provide a secondary source of income to the primary agricultural
use.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
[Added 5-26-2009]
SELECTIVE CUTTING
The felling of certain, but not all trees in an area for
the purposes of: (1) removing dead, diseased, damaged, mature or marketable
timber; (2) improving the quality of a tree stand or species; or (3)
meeting personal domestic needs. (See also "clear cutting.")
SEWAGE
Any substance that contains any of the waste products or
excrementitious matter or other discharge from the bodies of human
beings or animals and laundry, bathroom, and kitchen waste water.
SEWAGE DISPOSAL SYSTEM
A.
INDIVIDUALThe disposal of sewage from one dwelling unit by use of septic tanks 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 dischargers 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 of the North Coventry Municipal Authority, and disposed of through means and approved by the Pennsylvania Department of Environmental Protection.
SHOPPING CENTER
A group of two or more commercial establishments planned,
constructed, and managed as a total entity with customer and employee
parking provided on-site, and with provision for goods delivery separated
from customer access and which does not meet the definition of "highway
commercial development." For the purposes of this chapter, shopping
centers shall also include any single commercial use with a gross
floor area of 20,000 square feet or greater.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a vertical
or horizontal plan) along a street from a vehicle located at any given
point on the street.
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 displays or includes any letter, word, insignia, flag, or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction, or which is designed to attract the eye or bring the subject to the attention of the public. (See Article
XIII, Signs, for definitions of specific sign types.)
SIGN AREA
(See Article
XIII, Signs, for the calculation of sign area.)
SIGN HEIGHT
The distance from the existing ground elevation at the base
of, or immediately below the sign, to the highest point of the sign
structure.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, partnership, or
corporation, in which ownership is separate and distinct from that
of any adjoining property.
SITE RESTORATION
Measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize possible erosion
or sedimentation.
SOIL MOTTLING
A soil irregularly marked with spots or patches of different
colors, usually indicating poor aeration or lack of good drainage.
SOLID WASTE
All refuse, including garbage and trash, and all solid material
which is putrescible and originating from the preparation, cooking
and consumption of food and market produce.
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 9-11-2017 by Ord.
No. 30]
SPECIAL PROTECTION WATERS
Those surface waters having quality which satisfies the criteria
cited in 25 Pa. Code, Chapter 93, as amended, by PA Department of
Environmental Protection (PA DEP), for special protection and water
use designation of high quality waters (HQ) or exceptional value waters
(EV). All North Coventry Township stream water quality designations
shall be as listed in 25 Pa. Code § 93.9, as amended.
[Added 3-10-2008]
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 are 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
|
SQUARE
A formally landscaped public open space.
[Added 6-23-2014]
STAND
A contiguous group of trees, sufficiently uniform in species
composition, arrangement of age classes, and condition to be a homogeneous
and distinguishable unit.
[Added 5-26-2009]
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 9-11-2017 by Ord.
No. 30]
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.
STORAGE
The keeping of new or used products, merchandise, materials,
equipment or vehicles for a continuous period greater than eight hours.
Excluded from this definition are the following:
A.
Equipment, vehicles and materials which are
used in connection with a construction project during the period of
construction.
B.
The unloading or loading of vehicles which are
parked against a building so that all activity occurs within the building.
STORAGE, OUTDOOR
The keeping of goods or materials for present or future use
in an area unprotected from the elements.
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.
[Added 1-27-2014]
STREAM
My channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
[Added 5-26-2009]
B.
INTERMITTENT STREAMA stream whose water flow normally occurs in the wetter part of the year (October through April) or following major storm events.
STREAM BASE FLOW
The portion of stream flow that is not runoff and results
from seepage of water from the ground into a channel slowly over time.
The primary source of running water in a stream during dry weather
would constitute the stream base flow.
[Added 3-10-2008]
STREAM ORDER
A stream’s order is its rank, or relative position,
within the network. A first-order stream is a channel with no tributaries,
that is, a channel at its upper reaches and near its source. A second-order
stream is a channel fed by at least two first-order tributaries. The
joining of two second-order streams forms a third-order stream. Stream
ranking continues in this manner until the highest-ordered channel
is reached. First-order streams are located in the headwater areas
of watersheds and typically convey small volumes of water draining
from springs or seeps in the valley hillsides. These streams are vulnerable
to pollution because such streams are unable to dilute contaminants,
assimilate much organic waste, or remove sediments deposited on channel
bottoms.
[Added 3-10-2008]
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, right-of-way, intersection, and/or similar terms.
The word "street" shall also include and encompass such intersections
that are directly related to or affected by the right-of-way intended
for use as a means of vehicular and/or pedestrian circulation providing
access to more than one lot. Streets are further classified within
the North Coventry Township Comprehensive Plan:
[Amended 11-14-2005]
B.
COLLECTOR STREETThose streets which, in addition to giving limited access to abutting properties, intercept local or minor streets and provide routes, carrying considerable volumes of traffic to community facilities and to major traffic streets, and are identified as such in the Comprehensive Plan of North Coventry Township.
C.
ARTERIAL OR MAJOR 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 State Highway Department and are identified as arterial streets in the Comprehensive Plan of North Coventry Township.
D.
MARGINAL ACCESS STREETLocal or minor streets, parallel and adjacent to abutting properties with controlled access points onto the collector or arterial street.
STREET, CENTER LINE
A line which is an equal distance from both street lines
unless officially designated otherwise.
[Amended 11-14-2005]
STREET LINE
The legal right-of-way of a street dividing a lot from the
boundary of a public street legally open or officially plotted.
[Amended 11-14-2005]
STREET, PRIVATE
A thoroughfare serving not less than two nor more than three
lots held in single and separate ownership and not deeded or dedicated
to the Township.
[Amended 11-14-2005]
STREET, PUBLIC
A public thoroughfare which has been dedicated and deeded
to the Township and which affords the principal means of access to
the abutting property.
[Amended 11-14-2005]
STREET, SINGLE ACCESS
A street which has access to an existing public road and
circulation system only at one point. A single access street includes
culs-de-sac, loop roads, and dead-end streets.
[Amended 11-14-2005]
STREETWALL
A continuous wall formed along one or both sides of a street
by the positioning of buildings in close proximity to the street edge.
[Added 6-23-2014]
STRUCTURAL ALTERATION
Any change in, or addition to, the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders, or any change which could convert
an existing building or other structure into a different structure,
or adapt it to a different use, or which, in the case of a nonconforming
building or other structure, would prolong the life of such building
or other structure.
STRUCTURAL UNIT
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
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.
STRUCTURE, TEMPORARY
A structure without foundation or footings which is removed
when the designated time period, activity, or use for which the temporary
structure was erected has ceased.
SUBBASIN
A drainage basin is the topographic region from which a stream
receives runoff through surface flow and groundwater flow. The drainage
area for each of the stream’s tributaries is divided into a
basic hydrologic unit termed a subbasin.
[Added 3-10-2008]
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means, into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development: provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street, easement of access or residential dwellings
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
As it applies to the Flood Hazard District, 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 assure
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.
SURFACE RUNOFF
That part of the precipitation that passes over the surface
of the soil.
SUSTAINABLE WATERSHED MANAGEMENT PROGRAM AND PLAN
Refers to the Sustainable Watershed Management for Northern
Chester County Watersheds (January 2000, or as amended), prepared
by Green Valleys Association with technical assistance from Cahill
Associates and Brandywine Conservancy
[Added 3-10-2008]
SWIMMING POOL
An enclosure, designed to be filled with water, permanently
constructed or portable, with sides having a depth of more than 18
inches below the level of the immediate surrounding grade, or an above
surface pool having a depth of more than 30 inches, designed, used,
and maintained for swimming and recreation.
TELEPHONE EXCHANGE OFFICE
A building and its equipment used for the transmission and
exchange of telephone or radio telephone messages between subscribers
and other business of a telephone company providing that in residential
districts, a telephone exchange office shall not include public business
facilities, storage or materials, trucks, or repair facilities, or
housing of repair crews. (See also "public service facilities.")
TEMPORARY SHELTER
A building or part thereof operated, without charge to the users thereof, as a temporary shelter for persons who lack fixed, regular, and/or adequate nighttime residences, operating from 10:00 p.m. through 8:00 a.m., during periods of inclement weather conditions. Such use shall only be permitted as an accessory use by special exception pursuant to §
370-36D.
[Added 12-28-2009]
TIMBER HARVESTING PLAN
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land.
[Amended 5-26-2009]
TIME OF TRAVEL (TOT)
Refers to the approximated amount of time required for pollutants
to move both on the surface and underground to the respective well
head being regulated. Considering the North Coventry Township hydrogeology,
estimated times of travel include a short-term TOT which is approximately
a radius of 400 feet in Well Head Protection Zone 1, an intermediate
TOT is approximately a half-mile radius for Well Head Protection Zone
2, and a long-term TOT is approximately a radius of 4,000 feet for
Well Head Protection Zone 3.
[Added 3-10-2008]
TOPS
The upper portion of a felled tree not merchantable because
of small size, taper or defect.
[Added 5-26-2009]
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
The Township of North Coventry, Chester County, Pennsylvania.
TRACT
An area of land, parcel, or property which is the subject
of a development application.
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 2-26-2007]
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 the Zoning Chapter.
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.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)
An area of land typically developed for a compatible mixture
of residential units for various income levels and nonresidential
commercial and workplace uses, including some structures that provide
for a mix of uses within the same building. Residences, shops, offices,
workplaces, public buildings and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact and oriented toward
pedestrian activity. It has an identifiable center and discernible
edge. The center of the neighborhood is in the form of a public park,
commons, plaza, square or prominent intersection of two or more major
streets. Generally, there is a hierarchy of streets laid out with
an interconnected network of streets and blocks that provides multiple
routes from origins to destinations and is appropriately designed
to serve the needs of pedestrians and vehicles equally.
[Added 6-23-2014]
TRAIL
A right-of-way containing a marked or beaten path, either
paved or unpaved, for pedestrians, equestrian or bicycle use.
TRAILER
A drawn vehicle, not self propelled, which is permitted on
the highways when properly licensed.
TRANSFER STATION
A facility where municipal solid waste is delivered for the
purpose of consolidating the material into larger vehicles for transport
to a final disposal site or processing facility.
TRANSITIONAL HOUSING
Living arrangements for up to five unrelated individuals
that do not meet the definition of "family" or "group home." Transitional
housing may include a licensed community-based facility which provides
lodging, habilitative services, or meals to clients where supervision
is provided seven days a week, 24 hours a day, or is staffed continuously
by the provider whenever the structure is occupied.
TREE DRIPLINE
The line marking the outer edges of the branches of the tree.
TREE PROTECTION ZONE
The area radial to the trunk of a tree in which no construction
activity shall occur. The tree protection zone shall be 15 feet from
the trunk of the tree to be retained or the distance from the trunk
to the drip line, whichever is greater. Where there is a group of
trees or woodlands, the tree protection zone shall be the aggregate
of the protection zones for the individual trees. (See Figure 9-2.)
[Amended 5-26-2009]
TURF GRASS
Cultivated lawn grasses capable of being mowed to form a
dense matting of roots and stems, other than the native, wild grasses
or weeds.
UNIFIED RESIDENTIAL DEVELOPMENT
An area of minimum contiguous size to be planned, developed,
operated, and maintained as a single entity and containing one or
more residential clusters and areas of permanently maintained open
space.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and IBC.
[Added 9-25-2005]
USES
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business, or operation carried on in
a building or other structure on a tract of land.
USE, BY-RIGHT
A use which is permitted in a zoning district without the
need for a special exception, variance, or conditional use permit.
USE, CONDITIONAL
A use which is generally not appropriate to a particular
zoning district as a whole, but which may be suitable in certain localities
within the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the Board of Supervisors after a public hearing
and review and comments from the Planning Commission.
USE, SPECIAL EXCEPTION
A use which is not permitted as a right, but which, when
deemed suitable, with or without the imposition of conditions or restrictions
under applicable standards, may be allowed by the Zoning Hearing Board
after public hearing.
VARIANCE
A modification of the regulations of this chapter granted
by the Zoning Hearing Board on grounds of physical conditions or unnecessary
hardship, not self-imposed, pursuant to the provisions of this chapter
and Act 247.
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 9-11-2017 by Ord.
No. 30]
WALKWAY, PUBLIC
Any place designed or maintained for public pedestrian use,
without regard to ownership.
WAREHOUSE
A building used primarily for the indoor storage of goods
and materials.
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.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, lakes, rivulets, dammed
water, ponds, springs, and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of the Commonwealth of Pennsylvania.
WATER SUPPLY
A.
INDIVIDUALA supply of water to a single use or dwelling from a private well located on the lot in 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 sources 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 a 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 "hydric soils.")
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.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional,
or professional business users, or to other wholesalers; or establishments
acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
WHOLESALING
A commercial activity comprising the sale of commodities
in large quantities or in bulk to retailers or jobbers, rather than
to consumers directly, including the warehousing, loading and unloading,
and shipping of such commodities.
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, woody and herbaceous woodland floor species. Woodland disturbance also includes any activity which constitutes a land disturbance (exposes soils, alters topography, destroys habitat) within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See definition in Article
II for examples of invasive plants.)
[Amended 5-26-2009]
WOODLANDS
A tree mass or plant community in which tree species are dominant or co-dominant 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. Woodlands do not include commercial horticulture enterprises, such as orchards, Christmas tree farms and commercial nurseries, which hold a valid permit from the Pennsylvania Department of Agriculture. Any area, grove or stand of trees which has been harvested in accordance with silvaculture principles and/or is the subject of a Forest Management Plan, including the forestry activities of development, cultivation, harvesting and regeneration, regardless of the current condition or density of aerial canopy shall be considered a woodland for the purpose of this chapter. When determining the extent of woodland disturbance for the purpose of calculating the applicable tree replacement standards for §
370-29B(7)(d), woodlands shall include any area where timber has been harvested within the previous 10 years and/or woodland disturbance has occurred within the previous 10 years which would have met the definition of "woodlands" prior to the timbering or disturbance.
[Amended 5-26-2009]
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.
YARD, FRONT
A yard between and parallel to a street line and building
setback line from which the lot has access or which abuts the lot,
and extending the entire width of the lot. In the case of a corner
lot, the yards extending along all streets are front yards and the
remaining yards shall include a rear yard, opposite the street to
which the front of the principal building is predominantly faced,
and a side yard, opposite the other street.
YARD, REAR
A yard extending the full width of the lot along the rear
lot line at a specified depth from such rear lot line.
YARD, SIDE
A yard extending the full depth of the lot along a side lot
line extending a specified depth from such side lot line.
ZONING, BASE
The basic system of zoning, which, under the Township Zoning
Chapter, as amended, divides all land in the Township into separate,
distinct zoning district classes, and sets limits and requirements
for land use in each of these base zoning districts.
ZONING CHAPTER
Chapter
370, the Zoning Chapter of North Coventry Township, as adopted and amended from time to time.
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of North Coventry,
Chester County, Pennsylvania.
ZONING MAP
The official Zoning Map of North Coventry Township, as adopted
and amended from time to time.
ZONING OFFICER
The officer charged with the enforcement of the provisions
of the Township Zoning Chapter.
ZONING, OVERLAY
Regulations which apply in addition to the base zoning of
the underlying districts. Where conflicts exist between the overlay
and base zoning, the most restrictive provision applies.