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.
ACTIVE ADULT COMMUNITY
A residential development consisting of any number of single-family, two-family, and townhouse dwelling units, including accessory uses consistent with §
325-45B(15) hereinbelow, that is age-restricted as provided for by The Housing for Older Persons Act of 1995, as amended.
[Added 5-25-2022 by Ord. No. 469]
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.
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.
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]
|
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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 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.
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.
FAMILY DAY-CARE HOMEAny 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.
GROUP DAY-CARE HOMEA 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.
DAY-CARE CENTERA 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]
DEMOLITION BY NEGLECT
[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, 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.
SINGLE-FAMILYA building having only one dwelling unit from ground to roof, independent outside access and open space on all sides. See Figure 4.
|
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|
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.
TWO-FAMILYA building containing two dwelling units; a twin (single-family semidetached) or duplex (two-family detached).
(1)
TWINA building containing two dwelling units, separated by a-party wall, each having independent outside access and open space on three sides. See Figure 5.
|
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---|
|
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)
DUPLEXA building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.
C.
MULTIFAMILYA 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.
FOURPLEXA building containing four dwelling units, each unit of which has open space on two nonparallel sides. Also called a "quadruplex." See Figure 6.
|
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---|
|
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.
TOWNHOUSEA 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.
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways. 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.
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.
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.
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.
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, 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.
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]
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.
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.
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]
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.
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]
RECREATIONAL VEHICLE
[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.
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.
SEWAGE DISPOSAL
A.
INDIVIDUALThe disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Chester County Health Department. 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.
CENTRAL/COMMUNITY COLLECTION AND TREATMENT (CENTRALIZED)A sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site and approved by the Pennsylvania Department of Environmental Protection.
C.
PUBLIC SEWAGE SYSTEM (CENTRALIZED)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, 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, 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, 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, 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]
SUBSTANTIALLY CHANGE[Added 3-31-2015 by Ord. No. 422]
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 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.
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.
WATER SUPPLY
A.
INDIVIDUALA 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.
COMMUNITYA 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.
PUBLICA 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.
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 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.
[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 MAP
A map of West Whiteland Township indicating the location
of boundaries for each zoning district.
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.