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Township of West Whiteland, PA
Chester County
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Table of Contents
Table of Contents
Unless otherwise expressly stated, the following shall be construed throughout this chapter to have the meaning set forth in this article:
A. 
Words used in the present tense include the future.
B. 
The singular includes the plural and the plural the singular.
C. 
The words "shall" or "must" are mandatory.
D. 
The words "district" and "zone" shall be synonymous.
E. 
The word "person" includes an individual, corporation, partnership, incorporated association or other similar entity.
[Amended 3-10-2004 by Ord. No. 310[1]]
[1]
Editor's Note: This ordinance repealed original Subsection E, regarding the terms "building" and "structure," and redesignated subsequent subsections.
F. 
The word "includes" or "including" shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character.
G. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for."
H. 
The specification of particular agencies, statutes, ordinances regulations, or other sources of governing authority shall, unless the context clearly indicates otherwise, mean and refer to the same as it shall be from time to time amended, supplemented, or replaced by similar governing authority over the same subject matter.
[Added 3-10-2004 by Ord. No. 310]
For the purposes of this chapter certain words and phases shall have the following meanings. Words and phrases not included in this section shall have their common meanings:
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.
ACT 247
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as now and hereafter amended.[1]
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADMINISTRATIVE OFFICE
An establishment primarily engaged in management and general administrative functions such as executive, personnel, finance and sales activities.
AGRICULTURE
The cultivation of the soil and the raising and harvesting of the products of the soil including, but not limited to, nurserying, horticulture, forestry, and the commercial breeding and raising of customarily domesticated animals.
ALTERATION
As applied to building, structure or sign means a change, rearrangement, renovation, relocation or enlargement in the structural or supporting parts, exterior or which would change its use classification.
AMATEUR RADIO SERVICE COMMUNICATIONS
A radiocommunication service owned and operated by an amateur radio operator licensed by the Federal Communications Commission solely with a personal aim and without pecuniary interest.
[Added 3-31-2015 by Ord. No. 422]
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
[Added 3-31-2015 by Ord. No. 422]
APPLICANT
A landowner or developer, herein defined, who has filed an application for development, including heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, which is required by the Township to be filed and approved prior to start of construction or development including, but not limited to, an application for zoning use approval, an application for a building permit, for approval of a subdivision plan or for the approval of a development plan.
AUTOMOBILE SALES AND SERVICE
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.
AUTOMOTIVE REPAIR FACILITIES
Establishments engaged in furnishing automotive repair services to the general public.
BASE FLOOD
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 8-23-2017 by Ord. No. 438]
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
[Added 8-23-2017 by Ord. No. 438]
BASE FLOOD ELEVATION ("BFE")
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Amended 8-23-2017 by Ord. No. 438]
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BIOLOGICALS
Preparations made from living organisms and their products, including vaccines, cultures and the like, intended for use in diagnosing, immunizing or treating humans or animals or in research pertaining thereto.
BOARD
The Board of Supervisors of West Whiteland Township.
[2]
BUFFER, PERIMETER
See Figure 1.
[Amended 3-10-2004 by Ord. No. 308;3-10-2004 by Ord. No. 310]
BUFFER, SCREENING
See Figure 1.
[Amended 3-10-2004 by Ord. No. 308;3-10-2004 by Ord. No. 310]
Figure 1
[Amended 3-10-2004 by Ord. No. 308]
BUILDING
A combination of materials to form a structure or appendage to a structure which is permanently affixed to the land and is used for human, animal or chattel enclosure, or in the case of a manufactured home, connected in any fashion to any source of electricity, gas, heating, fuel, telephone or to a sewage disposal or water system of any type.
BUILDING AREA
The area of land occupied by the foundations of a building plus areas covered by building and roof extensions, including but not necessarily limited to eaves, carports, portes-cocheres, coverings over drive-through service areas, and all decks regardless of whether or not the deck has a roof.
[Added 5-30-2012 by Ord. No. 399]
BUILDING COVERAGE
The ratio of the total building area of all buildings on a lot to the developable acreage of the lot on which they are located.
[Amended 3-10-2004 by Ord. No. 310; 5-30-2012 by Ord. No. 399]
BUILDING HEIGHT
The vertical distance measured from average finished grade at all foundation corners of the building or structure, or at not less than 10 equidistant points in the case of a circular structure, to a point midway between the highest and lowest points of the roof excluding the chimney or any mechanical equipment above the roof such as stair or elevator bulkheads, water towers, etc.
BUILDING, PRINCIPAL
A structure 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 or other structure may be constructed. See Figure 2.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 2
BULK
A term used to describe the size of building or other structures and their relationship to each other, to open areas such as yards and/or lot lines and includes the size, height and floor area of a building or other structure; and the relation of the number of dwelling units or nonresidential units in all buildings to the area of the lot (density).
[Amended 3-10-2004 by Ord. No. 310]
CALIPER
The diameter of a tree trunk measured at a point 12 inches above grade for trees of six-inch caliper or less. Caliper measurement shall apply to newly installed trees.
[Amended 3-10-2004 by Ord. No. 308]
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 3
CANOPY
A roof-like cover, open to the elements on all four sides, e.g., a cover which is used to protect outdoor equipment such as gasoline pumps.
CARBONATE
A sedimentary rock formed by the organic or inorganic precipitation of mineral compounds characterized by the fundamental chemical ion CO3, e.g., limestone and dolomite.
CARTWAY
The paved surface of a street available for vehicular traffic.
CERTIFIED HISTORIC DISTRICT
An historic district which has been delineated by West Whiteland Township and certified for historical significance by the Pennsylvania Historical and Museum Commission in accordance with PA Act 167, 37 Pa.C.S.A. § 101 et seq.
CERTIFIED HISTORIC STRUCTURE
A building or structure identified by West Whiteland Township and listed in the National Register of Historic Places or located within a registered historic district and certified by the Secretary of the US Department of the Interior as being of historic significance to the district.
CHEMOTHERAPEUTIC WASTE
Municipal and residual waste resulting from the production or use of antineoplastic agents used for the purpose of inhibiting or stopping the growth of malignant cells or killing malignant cells.
CLEAR CUTTING
The felling of all mature trees within a stand or woodland during a consecutive twelve-month period. The twelve-month period shall be rolling and shall begin each time any tree cutting occurs on the property.
[Amended 3-10-2004 by Ord. No. 308]
CLINIC
A facility that provides physical health care services to persons on principally an outpatient basis, although limited accommodations for overnight patient stays may be provided. Facilities commonly known as "urgent care centers" are included in this term. A medical laboratory may be included as an accessory use.
[Added 9-9-2015 by Ord. No. 426]
CLUB and/or LODGE
A building utilized as a private club or social organization offering restaurant and/or bar privileges for members.
CLUSTER DEVELOPMENT
A form of residential development wherein residential lots are allowed to be smaller than otherwise permitted in exchange for the permanent preservation of open space.
[Amended 5-30-2012 by Ord. No. 399]
CO-LOCATION
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
[Added 3-31-2015 by Ord. No. 422]
COMMERCIAL
A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.
COMMERCIAL INFECTIOUS OR CHEMOTHERAPEUTIC WASTE FACILITY
A facility that processes by combustion or other means infectious or chemotherapeutic waste not generated primarily on site.
COMMERCIAL LOGGING/LUMBERING
The cutting of 10 or more mature trees from wooded lands other than pursuant to a plan or program of woodland management designed and intended to produce a self-sustaining, healthy and diverse, multiple use woodland.
[Amended 3-10-2004 by Ord. No. 308]
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure being designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLAN
The Comprehensive Plan of West Whiteland Township, as adopted and amended from time to time.
COMPREHENSIVE SIGNAGE PACKAGE
A method of treating all signs within a planned town center mall as a unified group rather than individually, by aggregating all information on all signs within the planned town center mall by means of written, pictorial, design, geographic, engineering or other documentation.
[Amended 1-12-1999 by Ord. No. 279]
CONDITIONAL USE
A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.
CONDOMINIUM
A form of ownership of real property including an undivided interest in common in a portion of a parcel, together with a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980.[3]
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
CONTINUING EDUCATION FACILITY
A for-profit or not-for-profit operation that provides advanced or specialized instruction, whether academic, artistic, or in the trades. Such facilities include, but are not necessarily limited to, off-campus classroom facilities associated with an accredited college or university; community colleges; for-profit technical schools and institutes of higher education; facilities providing instruction in specialized skills such as the trades, information technology, nursing and medical technology, visual arts, or culinary arts; and private licensed schools, as that term is defined by the Pennsylvania Department of Education. Facilities, that provide training or instruction in athletic skills, dance, martial arts, or similar physical activities are considered a type of fitness facility and are excluded from this term.
[Added 9-9-2015 by Ord. No. 426]
CONTRIBUTING RESOURCE(S)
A resource in a registered historic district or historic complex which is filed with the National Register as supporting the district's or complex's historical significance through location, design, setting, materials, workmanship, feeling and association.
CONVENIENCE STORE
A type of retail store with 10,000 square feet or less of floor area in which the principal items for sale include food, beverages, and merchandise. This use may include automatic teller machines, electric vehicle charging stations, customer seating, and the preparation and consumption of food and beverages. This use may also include drive-through service and a vehicle fueling station, subject to compliance with the applicable provisions of this chapter.
[Added 5-22-2019 by Ord. No. 447]
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 law governing building construction, equipment, exits or zoning regulations.
CONVERSION, RESIDENTIAL
The change in density and dwelling type of an existing residence, resulting in the creation of party walls and independent working lavatory and sleeping facilities.
CRITICAL ROOT ZONE
An area of soil containing roots necessary to support a tree in good health. This area is to be protected from all construction activities, including earth disturbance, compaction, foot or vehicle traffic, and material stock piling. For tree protection measures during construction, the critical root zone is defined as a circular area with a radius equal to twelve times the tree's DBH, or to the limit of the dripline, whichever is greater. Thus, a tree of two feet DBH has a critical root zone with a minimum twenty-four-foot radius.
[Added 3-10-2004 by Ord. No. 308]
CUL-DE-SAC
The end of a street terminating in a vehicular turnaround.
CULTURAL FACILITIES
Establishments such as museums, art galleries, botanical and zoological gardens of an historic, educational or cultural interest which are not operated commercially.
CULTURAL STUDIO
A building or portion of a building used as a place of work by an artist, photographer, artisan, musician, dancer, etc.
CUMULATIVE SUBSTANTIAL DAMAGE
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
[Added 8-23-2017 by Ord. No. 438]
DAY-CARE FACILITY, ADULT
Any dwelling, building, or portion thereof, where supervisory services are provided to senior citizens and disabled adults on a daily basis. No living accommodations are contained in adult day care.
DAY-CARE FACILITY, CHILD
Any dwelling, building, or portion thereof, in which child day-care services are provided, including any on-site outdoor play area. Child day-care facilities shall be further differentiated by the following three classifications consistent with Pennsylvania Department of Public Welfare regulations on child day care.
A. 
Any premises or dwelling unit other than the child's own home where the child care areas are being used as a family residence in which child day care is provided at any one time on a regular basis to four, five or six children, who are not relatives of the caregiver.
B. 
A facility in which care is provided for more than six but fewer than 12 children, at any one time, where the child care areas are being used as a family residence
C. 
A facility which is licensed to provide care for seven or more children at any one time, where the child care areas are not being used as a family residence.
DBH
The diameter of a tree at breast height, measured 4.5 feet from the average level of ground surface. DBH measurement shall apply to existing trees on a site.
[Added 3-10-2004 by Ord. No. 308]
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
A form signed by the property owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and the regulations of Article XIII herebelow certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.
[Added 8-23-2017 by Ord. No. 438]
[Added 3-10-2004 by Ord. No. 310]
A. 
The failure to provide ordinary and necessary maintenance and repair to a building or structure designated as an historic resource on the Township Historic Resources Map,[4] except for ruins existing at the time of adoption of this section, whether by ordinary negligence or willful neglect, purpose or design, by the owner or any party in possession thereof, which results in the following conditions:
(1) 
The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
(2) 
The deterioration of exterior walls, roofs, chimneys, or windows; the lack of adequate waterproofing; or deterioration of the structural system or foundations which will or could result in permanent damage or loss of exterior features.
B. 
Demolition by neglect includes having a building or structure open or vulnerable to vandalism or decay by the elements. Unoccupied resources shall be securely sealed and barred off and the utilities turned off for safety as per the most current construction techniques for historic structures.
DENSITY, GROSS
The total number of dwelling units divided by the developable acreage, expressed in units per acre.
[Amended 3-10-2004 by Ord. No. 310]
DEPRESSION
A low place of any size on a plane surface, with drainage underground or by evaporation. A hollow completely surrounded by higher ground and having no natural outlet for surface drainage.
DETENTION BASIN
A structure designed to temporarily detain surface runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and rate of surface flows leaving a site. Detention basins drain fully after rainfall has ceased.
DETERMINATION OF ELIGIBILITY (DOE)
An historic resource determined by the Secretary of the Interior as meeting the National Register criteria, but not listed in the National Register.
DEVELOPABLE ACREAGE
The gross tract area of a tract less the area occupied by existing rights-of-way, easements, floodplain area, wetlands, and slopes with a gradient of 25% or more.
[Amended 5-22-2019 by Ord. No. 447]
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission from a landowner, who makes or causes to be made an application for approval of a subdivision and/or land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, modification, extension, 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; the subdivision of land; or any combination thereof.
[Amended 9-26-2006 by Ord. No. 339]
DIRECT ILLUMINATION
A means of lighting a sign or other object by means of a light source located within or directly on the object to be lit.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 3-31-2015 by Ord. No. 422]
DISTRICT
A geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development.
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 corresponding to the outermost extension of a tree's branches, as projected onto the ground.
[Added 3-10-2004 by Ord. No. 308]
DRIVE-THROUGH RESTAURANT
A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, which service to customers is either through an exterior window in the establishment or directly to parked vehicles on the premises.
DWELLING or DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping, kitchen, sleeping and lavatory facilities, for occupancy as a residence by only one family (including any domestic servants living or employed on the premises) with no enclosed space (other than vestibules, entrance or other hallways or porches) in common with any other dwelling unit. Dwelling units may be classified, but not limited to, the following:
A. 
A building having only one dwelling unit from ground to roof, independent outside access and open space on all sides. See Figure 4.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 4
B. 
A building containing two dwelling units; a twin (single-family semidetached) or duplex (two-family detached).
(1) 
A building containing two dwelling units, separated by a-party wall, each having independent outside access and open space on three sides. See Figure 5.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 5
(2) 
A building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.
C. 
A building containing three or more dwelling units including, but not limited to fourplex (quadraplex), townhouse (single-family, attached), apartment buildings, and other similar building types.
D. 
A building containing four dwelling units, each unit of which has open space on two nonparallel sides. Also called a "quadruplex." See Figure 6.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 6
E. 
A building containing not more than six dwelling units, each of which is separated by party walls on opposite sides (except end units), and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units (except end units), and open space to the front and rear (internal units) or front, rear and one side (end units). Each unit can be referred to as a single-family attached unit, particularly when separately owned. See Figure 7.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 7
F. 
A building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways. See Figure 8.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 8
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
Any form of restaurant open to the public and dispensing food and nonalcoholic drink.
EDUCATIONAL USE
A facility for the instruction of children operated by the West Chester Area School District or other agency authorized by the Pennsylvania Department of Education to provide such instruction; also, a college or university accredited by an agency approved by the United States Department of Education. This use shall be interpreted to include all ancillary and support facilities related to the educational function, including recreational, residential, and dining facilities restricted to use by students, guests, and employees of the educational use and their immediate families.
[Amended 5-30-2012 by Ord. No. 399; 9-9-2015 by Ord. No. 426]
ELECTRICAL TRANSMISSION STRUCTURE
A self-supporting structure comprised of a latticed steel tower or tubular steel monopole supporting an overhead electric supply line with a design voltage greater than 100,000 volts.
[Added 3-26-2008 by Ord. No. 359]
EMERGENCY
A condition that:
[Added 3-31-2015 by Ord. No. 422]
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
ESSENTIALLY DRY SPACE
A space which will remain totally dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
[Amended 9-26-2006 by Ord. No. 339]
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 the Township.
[Added 8-23-2017 by Ord. No. 438]
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 8-23-2017 by Ord. No. 438]
FAMILY
Any number of persons related by blood, marriage or adoption, including foster children under the care of foster parent(s), and maintaining a single household, or not more than three individuals, unrelated to each other maintaining a single household.
FAULT
A surface or zone of rock fracture along which there has been noticeable movement.
FCC
Federal Communications Commission.
[Added 3-31-2015 by Ord. No. 422]
FENCE
Any freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh, masonry or vegetation singly or in combination with other materials, 2 1/2 feet or higher, erected to secure or divide one property from another or part of a property from a remaining part, to assure privacy, to protect the property so defined, or to enclose all or part of the property, a freestanding masonry wall is considered a fence.
FILL
Material, exclusive of structures, placed or deposited so as to firm an embankment or raise the surface elevation of the land.
FISSURE
An extensive crack, break, or fracture in the rock.
FITNESS FACILITY
An operation designed and intended to provide indoor and/or outdoor space and equipment for physical exercise and training, typically but not necessarily on a membership basis, and may include related instruction to individuals and/or groups. This term shall include, but is not limited to, facilities that provide instruction in dance and martial arts. Physical therapy, changing rooms, and eating establishments may be provided as accessory uses.
[Added 9-9-2015 by Ord. No. 426]
FLOOD
A temporary inundation of normally dry land areas.
[Amended 9-26-2006 by Ord. No. 339]
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 Township.
[Added 8-23-2017 by Ord. No. 438]
FLOOD INSURANCE STUDY ("FIS")
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
[Added 8-23-2017 by Ord. No. 438]
FLOOD-FRINGE
That portion of the floodplain outside the floodway.
FLOOD, ONE-HUNDRED-YEAR
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
[Amended 9-26-2006 by Ord. No. 339]
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
[Amended 9-26-2006 by Ord. No. 339]
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
[Amended 8-23-2017 by Ord. No. 438]
FLOOR AREA
The total enclosed area in the horizontal planes of a principal structure, and all accessory structures containing more than 100 square feet measured from the face of exterior walls. Floor area includes each habitable floor as well as basement and attic areas as usable spaces wherein the headroom is, or is to be, six feet or more.
FLOOR AREA RATIO
The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any existing, proposed or future land development.
[Added 11-18-2009 by Ord. No. 367]
FUNERAL HOME
A building used for the preparation of the deceased for a burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARDEN SHED
An accessory structure for the storage of garden or lawn equipment, household goods or for use as a noncommercial workshop.[5]
GHOST LAKES
Transient surface water bodies formed in a depression after heavy precipitation, due to poor internal drainage, due to residual clay remaining after solution of limestone minerals or other causes.
GLARE
Distracting, blinding or harsh uncomfortably bright light or emanating from or reflected off of man-made objects such as lighting fixtures, automobiles, signs and structures.
GRADE
Grade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points in the perimeter of the building.
GREEN AREA
That portion of a tract or lot maintained in its natural state or landscaped with shrubs, trees, lawn and not occupied by any buildings, paved surfaces or man-made structures.
GREEN ROOF
That portion of the top horizontal surface of a building or portion of a building, open to the sky, that has been improved and is maintained with permanent vegetation and pervious materials.
[Added 9-9-2015 by Ord. No. 426]
GROSS LEASABLE AREA
The total floor area of any building or structure in which some or all spaces are leased.
GROUND-MOUNTED EQUIPMENT
Individual pieces of equipment mounted on the ground, rather than on the wireless support structure or tower-based WCF, and not housed in an accessory building. By way of illustration and not limitation, ground-mounted equipment includes electrical cabinets mounted on the ground adjacent to DAS facilities. It does not include equipment such as generators, which are generally housed in separate accessory buildings or on base pads.
[Added 3-31-2015 by Ord. No. 422]
GROUNDWATER RECHARGE
Replenishment of geologic structures and rock and soil interstices which have the capacity to store water.
GROUP HOME
A facility, sometimes referred to as a "community living arrangement" or a "community residential program" licensed by the Commonwealth of Pennsylvania, which provides residential services to not more than four handicapped individuals, excluding staff who do not reside on the property, who live and cook together as a single housekeeping unit. This definition shall not include a facility housing persons released from or under the jurisdiction of a government bureau of corrections or similar institution. "Handicapped" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802.
GUEST HOUSE
A single-family dwelling containing guest rooms available for short-term overnight rental.
HAIRPIN MARKING
A double painted line separating parking stalls. See Figure 9.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 9
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.
[Added 3-31-2015 by Ord. No. 422]
HELIPORT
An improved area either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and, including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HELISTOP
A heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
[Added 8-23-2017 by Ord. No. 438]
HISTORICAL COMMISSION
The Historical Commission of West Whiteland Township which advises the Township on matters concerning the preservation of historic resources, the members of which are appointed by the Board.
HISTORIC RESOURCE(S)
Within the context of this chapter, all buildings, sites, structures, objects and districts shown on the Historic Resources Map.[6]
HISTORIC RESOURCES MAP
A map adopted as part of this chapter showing historic properties identified by the West Whiteland Historical Commission and their respective classifications.[7]
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
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.
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 Secretary of the Interior.
(2) 
Directly by the Secretary of the Interior in states without approved programs.
E. 
A structure shown on the Township Historic Resources Map.[8]
HOME OCCUPATION
A use carried out for gain that is subsidiary to the residential function of a dwelling unit, conducted or administered within a dwelling and/or the lot upon which the dwelling is located and undertaken by one or more residents of that same dwelling.
[Amended 8-23-2017 by Ord. No. 437]
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."
HOSPITAL
A facility that provides health care services and offers medical, surgical, rehabilitative, and/or therapeutic care to persons, primarily on an inpatient basis. Ancillary uses may include, but are not limited to, facilities such as laboratories, outpatient facilities, training facilities, gift shops, and eating establishments.
[Amended 9-9-2015 by Ord. No. 426]
HOUSEHOLD PETS
Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family, such as dogs, cats, small birds, gerbils and other small pets normally sold by retail pet stores.
[Added 3-10-2004 by Ord. No. 310]
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the Township has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the Township. See § 325-62A and § 325-62B for the specifics on what areas the Township has included in the identified floodplain area.
[Amended 9-26-2006 by Ord. No. 339; 8-23-2017 by Ord. No. 438]
IMPERVIOUS
All materials and structures which are incapable of being penetrated by water, including but not limited to buildings, sidewalks, driveways, and bituminous surfaces. Eighty percent (80%) of gravel, stone, grass pavers, and similar surfaces shall be considered impervious.
[Added 3-10-2004 by Ord. No. 310]
IMPERVIOUS COVERAGE
The percentage of developable acreage of a lot or tract which is impervious.
[Added 3-10-2004 by Ord. No. 310]
IMPROVEMENT
The construction or placement of any type of structure, building facility, and/or impervious surface including but not limited to grading, paving, curbing, sidewalks, fire hydrants, water mains, sanitary sewers, storm sewers and other surface drainage facilities, retaining walls, traffic control devices, street signs, monuments, or the like.
[Amended 3-10-2004 by Ord. No. 310]
IMPROVEMENT, PRIVATE OR QUASI-PUBLIC
Improvements not intended for dedication to a duly constituted governmental body or utility company.
[Added 3-10-2004 by Ord. No. 310]
IMPROVEMENT, PUBLIC
Improvements intended for dedication to a duly constituted governmental body or utility company.
[Added 3-10-2004 by Ord. No. 310]
INDIRECT ILLUMINATION
A means of lighting a sign or other object by means of a light source which is located beyond the object to be lit but which is directed or reflected upon it.
INFECTIOUS WASTE
Municipal and residual waste which is generated in the diagnosis, treatment, immunization or autopsy of human beings or animals, in research pertaining thereto, in the preparation of human or animal remains for interment or cremation or in the production or testing of biologicals.
INN
A commercial facility for the housing and feeding of guests.
INSTITUTION
A building and grounds, a portion of which is used for the residence of more than three persons unrelated to each other who occupy the buildings for a common lawful purpose, to include hospitals, convents, school dormitories, nursing homes, etc.
INVASIVE PLANT
A species that grows aggressively and spreads, displacing other plants, disrupting natural succession and habitat.
[Added 3-10-2004 by Ord. No. 308]
JUNKYARD
An area of land, with or without buildings, used for outside storage of used and discarded materials including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall constitute a junkyard.
KENNEL (BOARDING KENNEL)
An establishment in which more than six dogs or other domesticated animals, more than one year old, are housed, groomed, bred, boarded, trained or sold.
[Amended 3-10-2004 by Ord. No. 310]
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
Any change of use of a building or lot which requires a public or private improvement.
[Added 3-10-2004 by Ord. No. 310]
D. 
Development of additional impervious surfaces greater than 2,000 square feet in area; development of any additional impervious surface not in compliance with or resulting in noncompliance with the maximum impervious coverage limitations of this Chapter 325; and development of any additional paved area in excess of the maximum permissible under a previously approved stormwater management plan.
[Added 3-10-2004 by Ord. No. 310]
E. 
Any earthmoving activity, clearing, grubbing, cutting or removal of viable trees, or grading for the purpose of layout or construction or in connection with any street, driveway, path or trail, impervious surfaces, utility main or facility, stormwater management facility, buffer screening or landscaping or other private, public or quasi-public improvement(s).
[Amended 3-10-2004 by Ord. No. 310]
LANDOWNER
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in the land.
LANDSCAPING
The planting of deciduous and evergreen trees and shrubbery or the planting of turf or other appropriate ground cover, including the maintenance and replacement thereof, for control of erosion, retention of precipitation, habitat enhancement, protection against the elements, and promotion of human comfort and welfare.
[Amended 3-10-2004 by Ord. No. 308]
LIFE-CARE FACILITIES
An age-restricted development, also referred to as a "continuing care retirement community," that provides a continuum of accommodations and care from independent living to long-term bed care and enters into contracts to provide lifelong care in exchange for the payment of periodic fees and an entrance fee in excess of one year of monthly fees.
[Amended 3-10-2004 by Ord. No. 310]
LINEAMENT
Any line, on an aerial photograph that is structurally controlled, including any alignment of separate photographic images such as stream beds, trees or bushes that are so controlled. The term is widely applied to lines representing beds, mineral bindings, veins, faults, joints, disconformities and rock boundaries.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
Same as "lot area, net."
[Amended 9-9-2015 by Ord. No. 426]
LOT AREA, GROSS
The total area contained within the limits of the property lines bounding a lot, including all easements, rights-of-way, and otherwise constrained areas as may be so contained.
[Added 9-9-2015 by Ord. No. 426]
LOT AREA, NET
The developable acreage contained within the limits of the property lines bounding a lot.
[Added 9-9-2015 by Ord. No. 426]
LOT AVERAGING
A means of developing single-family detached dwellings on lots, some of which are larger and some of which are smaller than is otherwise required, not incorporating areas of common open space within the development and all of which when combined represent the average lot size as is required within the district.
LOT, CORNER
A lot bounded on at least two sides by streets wherever the lines of such streets, extended, form an interior angle of 135° or less. Such lots shall have the prescribed front yard setback along each road and a corresponding rear and side yard
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street. Such lots shall have the prescribed front yard setback along the street which the lot accesses. The yard generally parallel to the front yard shall be considered the rear yard. See Figure 10.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 10
LOT, WIDTH
The distance between side lot lines at the building setback line, measured parallel to the street line. Where the street line is curved or angled, the lot width shall be measured as a straight line.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
[Amended 9-26-2006 by Ord. No. 339]
MANUFACTURED (MOBILE) HOME
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Amended 3-10-2004 by Ord. No. 310; 9-26-2006 by Ord. No. 339]
MANUFACTURED (MOBILE) HOME LOT
A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for erections thereon of a single manufactured home.
[Added 9-26-2006 by Ord. No. 339]
MANUFACTURED (MOBILE) HOME PARK OR SUBDIVISION
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
[Amended 9-26-2006 by Ord. No. 339; 8-23-2017 by Ord. No. 438]
MASSING
The three-dimensional shape and volume of a structure and its spatial relationship to ground topography and other nearby structures.
[Added 4-22-2020 by Ord. No. 453]
MASS TRANSIT STATION
A facility that accommodates the transfer of mass transit passengers onto and off of one or more specific modes of mass transit, including but not limited to bus and passenger rail services. Facilities and improvements that shall be permitted as part of a mass transit station include shelters, benches, signs (specifically including informational signage relative to the operation of the transit service), bicycle parking and storage, and buildings accommodating ticket sales and/or other operations directly related to the provision of the transit service.
[Added 12-10-2014 by Ord. No. 419]
MASTER DEVELOPMENT PLAN
A plan or plans accompanied by written materials where such are necessary to explicate, in graphic form and narrative form, the information required in a unified development area application under Article XI of this chapter.
MEDICAL SERVICES
A type of personal service dedicated to health care and healing, including related support facilities. Such uses include, but are not necessarily limited to, offices of medical professionals (e.g., medical doctors and specialists, dentists, orthodontists, psychologists, psychiatrists, ophthalmologists, optometrists, chiropractors), clinics, facilities for physical therapy and rehabilitation, medical testing centers, and medical laboratories. "Fitness facility," "hospital," and "veterinarian" are specifically excluded from this term and are defined elsewhere in this chapter; residential facilities for the treatment of drug and/or alcohol addiction are also excluded from this definition.
[Added 9-9-2015 by Ord. No. 426]
MICROWAVE ANTENNA
A parabolic ground based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a dish shaped antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite or other land based satellites.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements, nor shall minor repairs include addition to, alteration of, replacement or relocation of any stand pipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health of general safety.
MONOPOLE
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added 3-31-2015 by Ord. No. 422]
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, reenacted and amended by Act No. 170 of 1988, as subsequently amended.[9]
NATIONAL REGISTER CRITERIA
Standards promulgated by the Secretary of the Interior against which historic resources nominated to the National Register are evaluated.
NATIONAL REGISTER OF HISTORIC PLACES
A list maintained by the Secretary of the Interior composed of buildings, sites, structures, objects and districts of national, state or local significance in American history, architecture, archeology, engineering and culture.
NATIVE PLANT
A species existing in the mid-Atlantic region of the Eastern United States prior to European settlement.
[Added 3-10-2004 by Ord. No. 308]
NATURAL FEATURES
Components and processes present in or produced by nature including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life and wildlife.
NEIGHBORHOOD RESTAURANT
An establishment where food and drink is prepared, served and consumed primarily within the principal building. A neighborhood restaurant shall be permitted to have a maximum of 29 seats at tables. No outdoor seating and no drive-through service where food is sold directly to customers in cars shall be permitted in neighborhood restaurant.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the most recent amendment to Article XIII herebelow and includes any subsequent improvements to such structures. Any construction started May 2, 1977, and before the most recent amendment to Article XIII herebelow is subject to the floodplain regulations in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
[Amended 8-23-2017 by Ord. No. 438]
NEW MANUFACTURED (MOBILE) 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 the most recent amendment to Article XIII herebelow.
[Added 8-23-2017 by Ord. No. 438]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, nor any pickup, delivery, or removal functions to or from the premises in excess of those normally associated with residential use.
[Added 8-23-2017 by Ord. No. 437]
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGN
Any sign which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the present requirements of this chapter by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply with the applicable use and/or area and bulk regulations of this chapter or amendments thereto where such structure lawfully existed prior to the enactment of this chapter or amendments thereto.
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 thereto, where such use was lawfully in existence prior to the enactment of this chapter or amendments thereto.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
[Added 3-31-2015 by Ord. No. 422]
NURSING HOME
Any building which houses persons for care, treatment or nursing because of age, sickness, injury, infirmity or other disability; provided, such facility has obtained proper governmental licensure, not including hospital or skilled nursing facility.
OBJECT
A thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
OFFICE BUILDING
A building used primarily for conducting the affairs of a business, profession, service, industry or government or similar activity.
OPEN SPACE, COMMON
Area or areas of land and/or water, substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public, but not including, individually owned private yards.
OPEN SPACE, USABLE
Open space as defined above, but excluding area covered by buildings, parking areas, rights-of-way, private yards, required yard setbacks, easements, floodplain, slopes 15% and greater, public facilities such as schools 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.
OUTCROP
The exposure of bedrock or strata projecting through the overlying cover of detritus and soil.
PARK AND RECREATION COMMISSION
The Park and Recreation Commission of West Whiteland Township, the members for which are appointed by the Board.
PARKING SPACE
A space located off the public right-of-way designed and designated for parking a motor vehicle.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PASSENGER RAIL STATION
A type of mass transit station where the principal transit mode being accommodated is train service.
[Added 12-10-2014 by Ord. No. 419]
PERSONAL CARE FACILITY
A facility operated by a legal entity approved by all governmental authorities having jurisdiction to permit the operation of a personal care home at the location of the said premises according to appropriate and applicable Pennsylvania Department of Health program licensure or approval regulations in which food, shelter and personal assistance or supervision are provided for a period of at least 14 days for four or more aged adults who do not require the services in or of a Pennsylvania Department of Health licensed long-term care facility, but who do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of emergency or medication prescribed for self-administration.
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, small food markets, pharmacies, dry-cleaning and tailoring shops, shoe repair shops, real estate or travel agencies.
PERSONAL SERVICES
Establishments providing services, as opposed to products, to the general public where the customer must be physically present for the service to be rendered (see "retail services"). Such uses include, but are not necessarily limited to, medical services, counseling centers, hair and nail salons, and day spas. Facilities for elective tattooing and body piercing are specifically excluded from this term, as they are defined elsewhere in this chapter as sexually oriented businesses; residential facilities for the treatment of drug and/or alcohol addiction are also excluded from this definition.
[Added 9-9-2015 by Ord. No. 426]
PIPELINE
As defined by Title 49, Code of Federal Regulations, §§ 195.2 and 192.3.
[Added 3-11-2015 by Ord. No. 421]
PLANNING COMMISSION
The Planning Commission of West Whiteland Township.
PLANTING STRIP
A strip of land lying between the curbline, or edge of the paving of a street, and the sidewalk, or edge of parking lot paving.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or after May 2, 1977, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
[Added 8-23-2017 by Ord. No. 438]
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before May 2, 1977, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
[Added 8-23-2017 by Ord. No. 438]
PROCESSING
A function involved in the manufacture of materials, goods or products in which they are not physically changed except for packaging or sizing.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of that profession.
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing.
PUBLIC PLACE OF AMUSEMENT
A structure or space, typically but not necessarily indoors, providing entertainment or amusement to the public as a commercial operation.
[Amended 9-9-2015 by Ord. No. 426]
PUBLIC, QUASI-
Improvements and/or facilities of a type often owned and maintained by the public such as streets, water and sewer lines, and stormwater management facilities; but, in the particular instance, proposed to be owned and maintained by an owners' association such as a homeowners' or condominium association.[10]
PUBLIC UTILITY
A public utility as that term is defined in the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
[Added 3-11-2015 by Ord. No. 421]
RECREATION, ACTIVE
An outdoor activity that requires a specialized field, court, or other physical alteration to the area in which it is performed, including, but not limited to, playgrounds, ball courts, golf courses, and swimming pools. This use shall be interpreted to include buildings and structures ancillary to such activities.
[Amended 9-9-2015 by Ord. No. 426]
[Added 3-10-2004 by Ord. No. 310; amended 9-26-2006 by Ord. No. 339]
A. 
A vehicle which is i) built on a single chassis; ii) not more than 400 square feet, measured at the largest horizontal projections; iii) designed to be self- propelled or towable; iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; or
B. 
A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure-time or recreational use or for travel. Recreational vehicles or units include travel trailers, truck-mounted campers, motor homes, folding tent campers, and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers are also deemed recreational vehicles.[11]
RECREATION, PASSIVE
An outdoor activity that requires little or no alteration of the natural landscape, including, but not limited to, hiking, biking, equestrian activity, and picnicking.
[Amended 9-9-2015 by Ord. No. 426]
REFORESTATION
The restocking of an area with forest trees, including natural regeneration as well as tree planting.
REGISTERED HISTORIC DISTRICT
An historic district listed in the National Register or a state or local historic district whose status has been certified by the Secretary of Interior and which is certified as meeting substantially all the requirements for National Register listing.
REGULATORY FLOOD ELEVATION
The base flood elevation or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
[Amended 8-23-2017 by Ord. No. 438]
REHABILITATION
The process of returning a property to a state of utility through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historical, architectural and cultural values.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or Non-tower WCF. By way of illustration, not limitation, related equipment includes generators and base stations.
[Added 3-31-2015 by Ord. No. 422]
RELIGIOUS USE
A nonprofit use of land or a building as a place of worship, convent, monastery or similar religious institution, including rectory and parish house. Ownership by a religious organization is not sufficient to establish a use as "religious." The functional characteristics of the use shall control.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products.
RETAIL SERVICES
Establishments providing services, as opposed to products, to the general public. The defining characteristic of this class of uses is that the customer need not (but may) be physically present for the service to be rendered (see "personal services"). Such uses include, but are not necessarily limited to, banks and financial service offices, realty offices, offices of insurance providers, employment agencies, copy centers, repair services (but excluding automotive repair facilities), and retail laundries and dry cleaners.
[Amended 9-9-2015 by Ord. No. 426]
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/book store, florist or clothing store. This term shall exclude vehicle fueling stations.
[Amended 4-27-2011 by Ord. No. 386]
RETENTION BASIN
A reservoir, formed from soil or other material, which is designed to retain permanently a certain amount of stormwater form a catchment area and which also may be designed to detain temporarily additional stormwater runoff from the catchment area. Retention basins also may receive fresh water form year-round streams. Retention basins always contain water and thus may be considered man-made lakes or ponds.
RIGHT-OF-WAY
Area of land reserved or dedicated as a street or for any other public or private purpose.
SCREEN, LOW
A continuous planting of evergreen or dense deciduous shrubs, which shall reach a minimum height of three feet, after two years' growth; placed around the perimeters of all parking lots, or other similar vehicular use areas, and around trash enclosures or storage buildings, when decorative walls are proposed.
[Added 3-10-2004 by Ord. No. 310]
SCREEN, HIGH
A continuous planting of evergreen shrubs and/or trees, which shall reach a minimum height of height of six feet after five years' growth; placed adjacent to loading areas, transformers and around trash enclosures and storage buildings, when fencing or plain concrete masonry units are proposed.
[Added 3-10-2004 by Ord. No. 310]
SCREEN, SITE ELEMENT
Dense plantings placed around paving, accessory structures, or utility for the purpose of providing year-round screening of the element from views within or off tract. Site element screens may be further described as "low," "high" or " yard," depending on their height and use.
[Added 3-10-2004 by Ord. No. 310]
SCREEN, YARD
A continuous evergreen planting, which shall reach a minimum height of height of six feet after five years' growth; in addition to the greater of either: one shade or ornamental tree per 50 feet of length of enclosure, or one tree per side of enclosure; placed around vehicular storage areas, that are not used as parking lots or sales areas, and around utility towers and equipment yards.
[Added 3-10-2004 by Ord. No. 310]
SEASONAL MERCHANDISE
Commodities or goods that are typically bought and sold during the Christmas and Easter holidays such as trees, wreaths and flowers.
SELECTIVE CUTTING
The removal of certain trees on an individual basis, while leaving other trees, for the purpose of:
[Amended 3-10-2004 by Ord. No. 310]
A. 
Removing dead, diseased, damaged, undesirable or competitive trees, to improve the quality of a tree stand or species;
B. 
Removing marketable timber; or
C. 
To meet personal domestic needs.
A. 
The 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. Such system shall be totally within the confines of the lot on which the use is located, or shall be located within an easement designed for such purpose on another lot.
B. 
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. 
An off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to the treatment facility operated by or for the Downingtown Regional Municipal Authority or West Goshen Township Municipal Authority and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, sexual encounter center or tattoo parlor.
SHOPPING CENTER
A group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, and protection from the elements.
[Amended 9-9-2015 by Ord. No. 426]
SIGHT DISTANCE
The length of street visible to the driver essentially unobstructed.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. See Figure 11.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 11
SIGN
Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol or representation which is in the nature of, or which is used as an announcement, direction or advertisement for any purpose. A sign includes a billboard, neon tube, string of lights or similar device outlining or placed upon any part of a building or lot, but does not include the flag or insignia of any nation, group of nations, governmental agency or any political, educational, charitable, philanthropic, civic, professional, religious group.
SIGNABLE FACADE AREA
The rectangular, continuous area on the wall of a building which extends from the top line of windows and doors on one floor and the bottom line of the windows, roof or cornice above it and which is uninterrupted by architectural details or openings.
SIGN, ADDRESS DIRECTIONAL
Nonilluminated signs used to direct persons to building locations in planned industrial parks by use of street addresses. Such signs shall not utilize business or development names, contain advertisements or any script other than street addresses.
SIGN, ANIMATED OR MOVING
Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
SIGN AREA OR SIZE
The entire area within an actual or hypothetical single continuous perimeter enclosing the extreme limits of such sign, together with moldings, battens, cappings, nailing strips, latticing and platforms which are attached and are part of the sign proper and/or forming an integral part of the display. Signs which are composed of letters, words or representations only and which do not form a square or rectangular pattern shall be considered to include in sign area a square or rectangle as drawn at the outer limits of the letters, words or representations. See Figure 12.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 12
SIGN, AWNING
A sign that is mounted or painted on, or attached to an awning that is otherwise permitted by this chapter. See Figure 13.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 13
SIGN, BANNER
A graphic or sign which has its letters or design applied to cloth, canvas or other flexible material which is durable and weather-resistant.
SIGN, BILLBOARD
A type of freestanding sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
[Amended 5-8-2019 by Ord. No. 446]
SIGN, BULLETIN BOARD
A permanent sign which identifies an institution or organization on the premises on which it is located and which may contain the name of the institution or organization, the names of individuals connected with it and general announcements of events or activities occurring at the institution or general messages. Such a sign may contain movable letters, words or numerals.
SIGN, BUSINESS
A sign directing attention to a business, commodity or service conducted, sold or offered upon the same premises as those upon which the sign is maintained. This includes signs which identify or advertise home occupations.
SIGN, CANOPY
A sign that is mounted or painted on, or attached to a canopy that is otherwise permitted by this chapter. See Figure 14.
From The Illustrated Book of Development Definitions by Harvey S. Moskowitz and Carl G. Lindbloom.
[Amended 3-10-2004 by Ord. No. 310]
Figure 14
SIGN, CHANGEABLE COPY
A sign that is designed so that the message on the sign can be easily and periodically altered.
SIGN, DEVELOPMENT
A temporary sign, indicating that the premises is in the process of being subdivided and developed for construction of dwellings or other buildings. Such a sign includes all contractors on the site, finance and sales information.
SIGN, DOUBLE-FACED
A sign with two or more faces which display the same message on each face, with each of the sign faces being parallel to one another or separated by an interior angle of no greater than 45°.
SIGN, FACADE
See "sign, wall."
SIGN, FREESTANDING
A sign that is an independent structure, not attached to any building, including poles, legs, bracing and all other elements that provide physical support to the sign.
[Amended 5-8-2019 by Ord. No. 446]
SIGN, HOME OCCUPATION
A sign containing only the name and occupation of a permitted home occupation.
SIGN, IDENTIFICATION
A sign displaying the nature, logo, trademark or other identifying symbol, address or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. See "direct illumination" and "indirect illumination."
SIGN, MARQUEE
A sign that is mounted or painted on or attached to any architectural or decorative hood or canopy located above a door in an exterior wall of a building.
[Amended 5-8-2019 by Ord. No. 446]
SIGN, OFFICIAL TRAFFIC
Signs erected by the Commonwealth of Pennsylvania Department of Transportation or the Township of West Whiteland which are designed to regulate traffic, describe road conditions, supply directions or provide information.
SIGN, OFF-PREMISES
See "sign, billboard."
SIGN, ON-SITE DIRECTIONAL
A sign conveying instructions with respect to the premises on which it is maintained such as the entrance and exit of a parking area, a warning sign, a danger sign and similar information signs.
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
SIGN, PORTABLE
Signs that can either be attached or mounted on wheels or transported by truck or trailer.
SIGN, PROJECTING
A sign which is attached directly to any building wall and which (perpendicularly) extends from that wall.
SIGN, REAL ESTATE
A temporary sign indicating the sale, rental or lease of the premises on which the sign is located.
SIGN, RESIDENTIAL
A sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located.
SIGN, ROOF
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.
SIGN, TEMPORARY
A sign constructed of paper, cloth, canvas, plastic or other lightweight material intended to be displayed for a short period of time, normally less than 30 days.
SIGN, TIME AND TEMPERATURE
A sign or a portion of a sign whose purpose is to indicate the time and/or temperature.
SIGN, UNDERCANOPY
A business sign, as defined above, with two sides which is mounted under a canopy or cover extending over a pedestrian sidewalk in front of a business in a planned business center or shopping center. Such sign shall be erected over the entrance to the use to which it is incident, at a right angle to the wall and shall be for the purpose of identifying the business location to persons using the sidewalk.
SIGN, VEHICLE
A sign affixed or painted on a vehicle or trailer and parked at a specific location for a period of four or more days so that its primary purpose is as a commercial message.
SIGN, WALL
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
SIGN, WINDOW
A sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any adjoining property.
SINKHOLE
A funnel-shaped depression in the land surface generally in a limestone region associated with a subterranean passage developed by solution.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE ELEMENT SCREEN
Dense plantings placed around paving, accessory structures or utility for the purpose of providing year round screening of the element from views within or off tract.
SITE RESTORATION
Measures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.
SKILLED NURSING FACILITY
A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary, unit of a home for the aged or a governmental medical institution.
SOIL MOTTLING
A soil irregularly marked with spots or patches of different colors, usually indicating poor aeration or lack of good drainage.
SOLAR ENERGY
Radiant energy, whether direct, concentrated, diffused, or reflected, received from the sun.
[Added 7-27-2011 by Ord. No. 392]
SOLAR ENERGY SYSTEM
Any device or combination of devices mounted on a structure or on the ground, the primary purpose of which is to collect, store, and/or distribute solar energy for space heating or cooling, for water heating, or for electricity generation or storage. This term shall include but is not limited to photovoltaic systems, solar heating and cooling systems, solar hot-water systems, and concentrated solar power systems.
[Added 7-27-2011 by Ord. No. 392]
SPECIAL FLOOD HAZARD AREA
An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
[Added 8-23-2017 by Ord. No. 438]
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.
[Added 9-26-2006 by Ord. No. 339]
SPECIALIZED MOTOR VEHICLE
A motor vehicle that cannot be licensed for use on public roads, including, but not limited to, earth-moving equipment. This term excludes recreational motor vehicles such as all-terrain vehicles and motorcycles designed for off-road use.
[Added 8-23-2017 by Ord. No. 437]
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.
C. 
Excretory functions as part of, or in connection with, any of the activities set forth in Subsection A or B above.
SPRING
A place where, without the agency of man, water flows from a rock or soil upon the land or into a body of surface water.
START OF CONSTRUCTION
Regarding substantial improvement and other proposed new development, the date the floodplain 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 floodplain permit and shall be completed within 12 months after the date of issuance of the floodplain permit unless a time extension is granted, in writing, by the floodplain administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
[Added 8-23-2017 by Ord. No. 438]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
[Added 3-31-2015 by Ord. No. 422]
STEEP SLOPES
Precautionary or prohibitive slopes as regulated herein.
STORAGE
The deposit of goods, materials or products intended for future disposition.
STORAGE TRAILER
A preconstructed, fully enclosed structure that can be attached to or on and moved by a motorized vehicle used to store any goods, junk, material, or merchandise left in the same place for more than 48 hours and not authorized as a permanent site element by the Township.
[Added 3-10-2004 by Ord. No. 310]
STREET
A public (dedicated) or private (undedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, road or similar terms. Streets are further classified within the West Whiteland Township Comprehensive Plan.
STREET LINE
A dividing line separating a lot, tract or parcel of land from a contiguous street.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
[Amended 3-10-2004 by Ord. No. 310]
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings, shall be exempted.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage or cumulative substantial damage regardless of the actual repair work performed. This term does not include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the Township and that are the minimum necessary to assure safe living conditions.
[Amended 8-23-2017 by Ord. No. 438]
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth in this chapter and in the WBCA if necessary to avoid interference with existing antennas; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SURFACE LAND USES AFFILIATED WITH TRANSMISSION PIPELINES
Aboveground transmission pipeline facilities, including, but not limited to, compressor stations, pumping stations, regulator stations, launcher/receiver stations, and other surface pipeline appurtenances.
[Added 3-11-2015 by Ord. No. 421]
SURFACE RUNOFF
That part of the precipitation that passes over the surface of the soil to the nearest surface stream without first passing beneath the surface.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land or an above surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.
TELECOMMUNICATIONS 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 antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment; including, without limitation, ham or citizen band radio antennas.
TELECOMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of telecommunications antennas and covering an area on the ground not greater than 250 square feet.
TELECOMMUNICATIONS TOWER
A freestanding structure used for the purpose of mounting or housing equipment and antennae for use in receiving or transmitting electronic transmission of impulses as by telegraph, cable, telephone, radio or television.
[Amended 3-10-2004 by Ord. No. 310]
TELECOMMUNICATIONS TOWER, HEIGHT OF
The vertical distance measured from the ground level to the highest point on a telecommunications tower, including the antennas mounted on the tower.
TOPOGRAPHY
The existing configuration of the earth's surface, including the relative relief, elevation and position of land features.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs. Amateur radio antenna support structures are not considered to be tower-based WCFs.
[Added 3-31-2015 by Ord. No. 422]
TOWNSHIP
The Township of West Whiteland.
TOWNSHIP CODE ENFORCEMENT OFFICER
See "Zoning Officer."
TOWNSHIP ENGINEER
A registered professional engineer licensed by the Commonwealth of Pennsylvania and duly designated by West Whiteland Township to perform the duties of engineer as specified in this chapter.
TRACT
One or more lots assembled for the purpose of development.
TRACT AREA, GROSS
The total area contained within the limits of a tract, including all easements, rights of-way, and otherwise constrained areas as may be so contained.
[Added 5-22-2019 by Ord. No. 447]
TRACT AREA, NET
The developable acreage contained within the limits of a tract.
[Added 5-22-2019 by Ord. No. 447]
TRAIL
A right-of-way containing a marker or beaten path, either paved or unpaved, for pedestrians, equestrian and/or bicycle use.
TRANSFER STATION
A processing facility approved and licensed by the Pennsylvania Department of Environmental Protection used to receive and temporarily store solid waste at a location other than the generation site and which facilities the bulk transfer of the accumulated solid waste to a facility for further processing or disposal.
TRANSMISSION PIPELINES
Include, but are not limited to, pipelines designed for the transmission of a "gas" or "petroleum gas," except a "service line," as those terms are defined by Title 49, Code of Federal Regulations, § 192.3; also included are pipelines designed for the transmission of a "hazardous liquid," as defined by Title 49, Code of Federal Regulations, § 195.2.
[Added 3-11-2015 by Ord. No. 421]
TREE, EVERGREEN
Any tree which holds its leaves throughout the year, and has a foliage density of at least 50%, which is capable of reaching a height of at least 15 feet, and canopy spread of at least eight feet at maturity.
[Amended 3-10-2004 by Ord. No. 308]
TREE, MATURE
Any tree with at trunk diameter greater than or equal to six inches DBH, and exhibiting growth characteristics typical of the species.
[Added 3-10-2004 by Ord. No. 308]
TREE MEASUREMENT
Introduced tree plantings shall be measured according to caliper. Existing trees shall be measured DBH. For multistem trees, measured caliper or DBH shall be equal to twice the size of the largest shoot.
[Added 3-10-2004 by Ord. No. 308]
TREE, ORNAMENTAL
Any deciduous tree capable of reaching a mature height of at least 10 feet, and exhibiting a feature which is generally considered attractive or unusual, as determined by the Township's landscape professional.
[Amended 3-10-2004 by Ord. No. 308]
TREE, SHADE
Any broadleaf evergreen or deciduous tree capable of reaching a height of 35 feet, and canopy spread of 10 feet at maturity. The tree may exhibit any branching or fruiting characteristics.
[Amended 3-10-2004 by Ord. No. 308]
TREE, STREET
Any deciduous tree capable of reaching a height of at least 25 feet, and canopy spread of at least 15 feet at maturity. The tree should not be of a weeping form, have low branching characteristics (unless it will be limbed up regularly), or be of a brittle structural. Street trees should be tolerant of atmospheric pollutants, salts, heat and drought conditions, and soil compaction, and shall have a root structure that is compatible with and shall not cause damage to adjacent pavement, curbing, piping, and utilities.
[Amended 3-10-2004 by Ord. No. 308]
TREE, VIABLE
Any deciduous tree with a trunk diameter greater than or equal to six inches or any evergreen tree with a height greater than or equal to six feet which is in good health and exhibiting growth characteristics typical of the species.
UNIFIED DEVELOPMENT
A development of land in accordance with Article XI of this chapter.
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 UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable within the commonwealth for floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
[Added 9-26-2006 by Ord. No. 339]
USE
Any purpose for which a building or other structure or a 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.
UTILITY
Any agency that under public franchise or ownership or under certificate of convenience and necessity or by the grant of authority by a governmental agency provides the public with electricity, gas, heat, steam, communications, transportation, water, sewer collection or similar service.
[Added 3-11-2015 by Ord. No. 421]
VARIANCE
A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of physical conditions creating unnecessary hardship, not self-imposed, pursuant to the provisions of this chapter and the MPC.
VEHICLE FUELING STATION
An establishment that accommodates or is designed to accommodate the retail sale of gasoline, diesel fuel, ethanol, or any other liquid fuel for vehicles by dispensing it directly into vehicles or approved containers.
[Added 4-27-2011 by Ord. No. 386]
VETERINARIAN
A business operated by individuals qualified and authorized to prevent and treat diseases and injuries of animals.
[Added 3-10-2004 by Ord. No. 310]
VIOLATION
Within Article XIII herebelow, a violation shall be interpreted as the failure of a structure or other development to be fully compliant with that article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Added 8-23-2017 by Ord. No. 438]
VISUAL COMMUNICATION TECHNOLOGY (VCT)
Lighting elements designed and constructed for the purpose of expressing a message. VCT includes, but is not necessarily limited to, dual in-line packaged light-emitting diodes (LEDs), surface-mounted LEDs, chip-on-board LEDs, fiber optic LEDs, internally illuminated acrylic plastic (such as plexiglas or Lucite) and polycarbonate plastic (such as Lexan), intense pulsed-light technology, outdoor projection technology, outdoor projection video-mapping technology, holographic technology, and 3-D holographic technology.
[Added 5-8-2019 by Ord. No. 446]
VOCATIONAL TRAINING FACILITY
A facility (other than an educational use, education institutional or school expressly permitted under this chapter), having one or more permanent buildings, directed primarily to the physical training or development of physical or manipulative skills entirely within the boundaries of the lot, not involving training in the driving or operation of tractor trailers, heavy trucks, heavy construction equipment, hoisting, drilling machinery or any type of blasting operation, excluding the use of a back hoe. Said facility may include dining, sleeping or recreational facilities for attendees and staff.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WATERCOURSE
A permanent stream, intermittent stream, brook, creek or a channel or ditch for water, whether natural or man-made.
A. 
A safe and healthful supply of water, to a single user, from a private well located on the lot in which the use is located.
B. 
A system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on site and/or off site and may be publicly or privately owned.
C. 
A system for supplying water in sufficient quantities to all dwellings or other buildings of a development, which is administered by a municipality, municipal authority or public utility as defined and regulated by the Pennsylvania PUC.
WATER TABLE
The upper surface of a zone of saturation except where that surface is formed by an impermeable body.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added 3-31-2015 by Ord. No. 422]
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 acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[12]
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 3-31-2015 by Ord. No. 422]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Added 3-31-2015 by Ord. No. 422]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
[Added 3-31-2015 by Ord. No. 422]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility, if approved by the Township.
[Added 3-31-2015 by Ord. No. 422]
WOODLAND
An ecosystem characterized by dense and extensive tree cover. More particularly, a plant community predominantly of mature trees and other woody vegetation, well-stocked and growing more or less closely together, as determined by the Township's landscape professional.
[Amended 3-10-2004 by Ord. No. 308]
WOODLAND MANAGEMENT PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall be prepared by a person(s) with demonstrable expertise in forest management, and shall document measures to be taken to protect water quality, to minimize impacts from skid trails and logging roads, landing areas and the tree removal process and to assure site restoration.
YARD
An open area around the inner periphery of a lot, in which no building or structure shall be erected. A yard extends parallel to lot lines and street lines and is measured as a distance perpendicular to lot and street lines.
YARD, FRONT
The area between the principal building on a lot and the street line for all streets abutting the lot and extending the entire width of the lot. See Figure 2.[13]
[Amended 5-30-2012 by Ord. No. 399]
YARD, REAR
A yard that is neither a front yard nor a side yard. See Figure 2.
[Amended 5-30-2012 by Ord. No. 399]
YARD, SIDE
The area between the principal building on a lot and a lot line that is tangent to any street line. See Figure 2.
[Amended 5-30-2012 by Ord. No. 399]
YIELD PLAN
Plan to determine the number of lots that would be permitted in the conventional subdivision of a tract.
ZONING HEARING BOARD
The Zoning Hearing Board of West Whiteland.
ZONING MAP
A map of West Whiteland Township indicating the location of boundaries for each zoning district.[14]
ZONING OFFICER
The municipal officer charged with enforcing the literal terms of this chapter and carrying out the duties described in § 325-119B(2) hereof.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: The former definition of “buffer.” which immediately followed this definition, was repealed 3-10-2004 by Ord. No. 308.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[4]
Editor's Note: A copy of the Historic Resources Map is included as an attachment to this chapter. The Official Historic Resources Map is on file at the Township offices.
[5]
Editor's Note: The definition of "gasoline service station," which immediately followed this definition, was repealed 4-27-2011 by Ord. No. 386.
[6]
Editor's Note: A copy of the Historic Resources Map is included as an attachment to this chapter. The Official Historic Resources Map is on file at the Township offices.
[7]
Editor's Note: A copy of the Historic Resources Map is included as an attachment to of this chapter. The Official Historic Resources Map is on file at the Township offices.
[8]
Editor's Note: A copy of the Historic Resources Map is included as an attachment to this chapter. The Official Historic Resources Map is on file at the Township offices.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: The former definition of "public service facilities," which immediately followed this definition, was repealed 3-11-2015 by Ord. No. 421.
[11]
Editor's Note: The former definition of "recreation facility," which immediately followed, was repealed 9-9-2015 by Ord. No. 426.
[12]
Editor's Note: The former definition of “wooded lands,” which immediately followed this definition, was repealed 3-10-2004 by Ord. No. 308.
[13]
Editor's Note: Figure 2 follows the definition of "building setback line" above.
[14]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter. The Official Zoning Map is on file at the Township offices.