Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meaning herein indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot and
used for purposes customarily incidental to the main building.
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.
AGRICULTURE
The cultivating of the soil, the raising of livestock and
poultry and the harvesting of the products of the soil, including
horticulture and forestry but excluding commercial greenhouses.
ALLEY
A right-of-way providing secondary vehicular access to the
side or rear of two or more lots.
ALTERATION
Any change in the exterior or structural portions of a building;
any change to or in a building which would alter its use classification;
or any change which would substantially alter the type or method of
sewage disposal system.
ANTENNA
Any device or mechanism used in the collection, transmitting,
routing or receiving of telecommunications transmissions, radio signals
or radio frequency energy, including, but not limited to, use by or
in the provision of wireless communications, cellular communications,
personal communication services, and/or electronic networking.
ANTENNA HEIGHT
The vertical distance measured from the base of an antenna
support structure at grade to the highest point of the antenna support
structure, including any antenna affixed thereto. If the antenna support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
APPLICANT
A landowner or developer who has filed an application for
subdivision and/or land development, as hereinafter defined, including
his heirs, successors, assigns and grantees.
ASSISTED LIVING RESIDENCE
A facility that provides residents the assistance to age
in place, licensed by the Commonwealth of Pennsylvania, in which food,
shelter and personal assistance or supervision are provided for four
or more persons who do not require the services in, or of, a nursing
home, but who do, because of their age or disability, require assistance
or supervision in matters such as dress, bathing, diet, evacuation
of a residence in the event of emergency or assistance with medication.
This facility may additionally include indoor ancillary uses when
provided for the exclusive use of the residents, staff and guests
(i.e., common dining facilities, social, recreation and exercise facilities,
beauty salon, etc.).
[Added 8-5-2015 by Ord.
No. 134]
(1)
This facility shall not include outdoor ancillary uses such
as athletic fields, athletic courts, and/or game areas. Outdoor passive
uses may be allowed as permitted by conditional use.
(2)
Assisted living residences do not include facilities which provide
any type of goods or services of any kind to any persons not then
resident at the facility.
BASE FLOOD
A flood which has a one-percent change of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
[Added 8-26-2015 by Ord.
No. 140]
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
[Added 8-26-2015 by Ord.
No. 140]
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.
[Added 8-26-2015 by Ord.
No. 140]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BED-AND-BREAKFAST INN
A building or group of buildings containing less than 10
guest rooms, converted or designed for the temporary lodging of transient
guests, provided that no room shall have cooking facilities of any
kind. Such establishments shall furnish to the occupants lodging services,
such as maid service and the furnishing and laundering of linen, and
typically do provide accessory eating and drinking facilities for
serving morning breakfast and/or afternoon tea. Such establishments
are typically converted from single-family residences, schools, churches
and the like, and are occupied by resident innkeepers.
BILLBOARDS and OFF-PREMISES SIGNS
Any sign, as defined herein, which advertises an establishment,
person, activity, product, event or service which is unrelated to
or not available on the premises where the sign is located. Each face
of a billboard shall constitute a separate billboard.
[Added 6-1-2011 by Ord. No. 64-S]
BOARD
The Board of Supervisors of Chadds Ford Township, Delaware
County, Pennsylvania.
BUFFER AREA
An area as regulated by §
135-160 adjacent to a property boundary which is landscaped and maintained for a width as required in certain districts of this chapter, and in a manner as required in §
135-161.
BUFFER PLANTING STRIP
A strip of land within the required buffer area which shall be landscaped and maintained for a width as required in certain districts of this chapter, and in a manner as required in §
135-161.
BUILDING
Any roofed structure supported by walls or columns which
is intended or used for the shelter, housing or enclosure of any individual(s),
animal, process, equipment, goods, or materials of any kind. Included
shall be all manufactured homes and trailers to be used for human
habitation.
BUILDING LINE
That line beyond which no portion of a structure or building
may be erected toward the sides, front or rear of any lot. The building
line shall coincide with the internal measurements of the open spaces
for the front, side and rear yards.
CERTIFICATE OF OCCUPANCY
A statement signed by the Code Enforcement Officer setting
forth that a building, structure or use legally complies with this
chapter and other applicable codes and regulations and that the same
may be used for the purposes stated therein.
CERTIFIED HISTORIC DISTRICT
A historic district which has been delineated by Chadds Ford
Township and certified for historical significance by the Pennsylvania
Historical and Museum Commission in accordance with Act 167.
CERTIFIED HISTORIC STRUCTURE
A building or structure identified by Chadds Ford Township
and listed in the National Register of Historic Places or located
within a registered historic district and certified by the Secretary
of the U.S. Department of the Interior as being of historical significance
to the district.
COLLOCATION
The mounting of one or more antennas on an existing tower,
or on any structure, that has been approved by the Township to support
at least one antenna.
[Added 8-2-2017 by Ord.
No. 152]
COMMERCIAL RECREATION FACILITY
A facility operated as a business, and open to the public
for a fee, for the purposes of health and fitness, exercise, racquetball,
swimming and like sports and activities.
[Added 6-7-2017 by Ord.
No. 151]
COMMERCIAL VEHICLE
A vehicle which is registered by the state for commercial
use or ostensibly displays a commercial related identity by virtue
of lettering, signs, ladder racks, tool racks, and the like.
COMMON OPEN SPACE
As required in a planned residential development, that area
of land and water to be maintained for the use and enjoyment of the
residents of the planned residential development. It shall consist
of landscaped or natural terrain, including lakes and streams, and
may include such buildings as are necessary to fulfill its permitted
functions, but the area of common open space shall not include street
rights-of-way, off-street parking areas required for residential or
other uses permitted by this chapter, and areas set aside for public
facilities.
COMMUNICATIONS ANTENNA
Any antenna and related equipment attached to a wireless
support structure. A communications antenna shall not include support
structures or any related equipment that is mounted to the ground
or at ground level.
[Added 8-2-2017 by Ord.
No. 152]
COMMUNICATIONS APPLICANT (APPLICANT)
Any entity or person that applies for a wireless communications
facility building permit, zoning approval and/or permission to use
the public right-of-way, Township-owned land, or other property.
[Added 8-2-2017 by Ord.
No. 152]
COMMUNICATIONS TOWER
Any structure that is constructed for the primary purpose
of supporting one or more antennas, including, but not limited to,
self-supporting lattice towers, guy towers and monopoles. A "tower"
as defined herein shall not include towers and supportive structures
for amateur purposes, including but not limited to ham and citizens
band radios maintained and/or utilized by federally licensed amateur
radio operators.
[Added 8-2-2017 by Ord.
No. 152]
COMMUNITY CENTER
A building which houses various community activities through
meeting rooms, assembly rooms, and areas for dining, recreation, fitness
and the like.
COMMUNITY FACILITIES
Facilities which serve to support the needs of the residents
of the planned residential development, such as community centers,
outdoor recreation areas, and maintenance buildings.
COMMUNITY SEWER
A community sewage disposal system consisting of approved
sanitary sewage disposal structures which serve more than one lot
or one building, which along with its appurtenant facilities is administered
and maintained by an organization or other entity having the right
and obligation to administer and maintain such system in accordance
with federal, state, county and Township regulations.
COMMUNITY WATER
A community water supply system consisting of a well or series
thereof with facilities serving more than one lot or one building,
which along with its appurtenant facilities is administered and maintained
by an organization or other entity having the right and obligation
to administer and maintain such system in accordance with federal,
state, county and Township regulations.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
CONDITIONAL USE
A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain locations within the district only when specific standards, criteria, and conditions are met in accordance with §
135-164 herein. Conditional uses, and applications for permits therefor, are allowed or denied by the Board of Supervisors after recommendations are provided by the Planning Commission.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
CONTIGUOUS LOTS
Contiguous lots shall have a common property line of 100%
of one side of the smaller tract, which common property line shall
not be less than 50 feet. Contiguous lots shall not be separated by
a public street or way.
[Added 6-7-2017 by Ord.
No. 151]
CONTINUOUS VISUAL BUFFER
A visually impenetrable screen created through the effective
use of plant materials, fencing, walls and/or earthen berms.
CONTRIBUTING RESOURCE(S)
A resource in a registered historic district which is filed
with the National Register as supporting the district's historical
significance through location, design, setting, workmanship, feeling
and association.
CRT
Cathode ray tube.
[Added 6-1-2011 by Ord. No. 64-S]
DEVELOPER
Any landowner, equitable owner, or authorized agent of such
landowner who makes or causes to be made a subdivision of land or
a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations and
the subdivision of land.
DWELLING or DWELLING UNIT
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for occupancy by only one family
(including any domestic employees living or employed on the premises),
with no enclosed space (other than vestibules, entrance or other hallways
or porches) in common with any other dwelling unit. Dwellings or dwelling
units may be classified, but not limited to the following:
[Added 6-7-2017 by Ord.
No. 151]
(1)
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open spaces on all sides.
(3)
TWO-FAMILY DETACHEDA building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.
(4)
SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building containing at least three but not more than six dwelling units, each of which is separated by a party wall on opposite sides, and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open areas to the front and rear (internal units) or front, rear and one side (end units). Each unit can be referred to as a single-family attached unit, particularly when separately owned.
(5)
MULTIFAMILYA building containing three or more dwelling units, including townhouses (single-family attached) and apartments.
(6)
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways.
DYNAMIC MESSAGE DISPLAY
A sign incorporating LCD, LED, plasma, CRT, pixelized lights,
other video-like displays which are used to change sign messaging
on a regular basis.
[Added 6-1-2011 by Ord. No. 64-S]
ELIGIBLE FACILITIES REQUEST
A term defined by the FCC in its October 2014 Report and
Order, as amended. More specifically, any request for modification
of an existing tower or base station that does not substantially change
the physical dimensions of such tower or base station, involving:
i) collocation of new transmission or related equipment; ii) removal
of transmission or related equipment; or iii) replacement of transmission
or related equipment.
[Added 8-2-2017 by Ord.
No. 152]
ENLARGEMENT
An addition to the floor area of any existing building, an
increase in size of another existing structure, or an increase in
that portion of the tract of land occupied by an existing use.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
FAMILY[Added 6-7-2017 by Ord. No. 151]
(1)
One or more individuals living together in a dwelling unit as
a single housekeeping unit and doing their cooking on the premises
when said individuals are related by blood, marriage, foster relationship,
or adoption; or
(2)
Not more than three unrelated individuals living together in
a dwelling unit as a single nonprofit housekeeping unit and doing
their cooking on the premises; or
(3)
A group of individuals with disabilities (as defined by applicable
law) living together as the functional equivalent of a family and
entitled to a reasonable accommodation to allow the equal opportunity
to use or occupy a dwelling under applicable law.
(4)
This definition does not include or apply to the residents or
employees of a club, fraternity house, lodge, or lodging house, boardinghouse
or rooming house or other facility in which lodging is provided for
compensation.
FCC
Federal Communications Commission.
[Added 8-2-2017 by Ord.
No. 152]
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
[Added 8-26-2015 by Ord.
No. 140]
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 8-26-2015 by Ord.
No. 140]
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
FLOODPLAIN MANAGEMENT VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[Added 8-26-2015 by Ord.
No. 140]
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Amended 8-26-2015 by Ord. No. 140]
FORMAL FILING
The filing of an application for tentative or final plan
approval, along with the required number of copies and amount of fees,
at least 10 days prior to the regularly scheduled monthly public meeting
of the Board of Supervisors.
FRONT STREET
The public street or road or private street or road over
which two or more dominant estates have the right-of-way, upon which
a lot abuts. If a plot abuts on more than one street, it means the
one upon which the main building fronts or it is wished to have it
front.
GARAGE
(1)
PRIVATE GARAGEA building used for storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
(2)
MINOR GARAGEA building not a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto.
(3)
PUBLIC GARAGEA building other than a private or minor garage, one or more stories in height, used for the storage, maintenance and repair of automobiles.
GREEN AREA
The area of a lot which is not covered by impervious surfaces,
and which is preserved in its natural vegetated state and/or is landscaped
with plant materials and other natural materials.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building, as the case may be, measured from the exterior face
of exterior walls, or from the center line of a wall separating two
buildings, but not including interior parking spaces, loading space
for motor vehicles, or any space where the floor-to-ceiling height
is less than six feet.
HARB
Historical and Architectural Review Board; The board, referred
to as the "HARB," which conducts reviews of proposed building construction
and/or alteration work within the historic districts, and performs
other duties as set forth in this chapter.
[Amended 9-1-2010 by Ord. No. 64-R]
HEALTH AUTHORITY
The Chadds Ford Township Sewage Enforcement Officer and the
Pennsylvania Department of Environmental Protection.
HEIGHT OF A TOWER
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower, including antennas
mounted on the tower and any other appurtenances.
[Added 8-2-2017 by Ord.
No. 152]
HEIGHT OF BUILDING
A vertical distance measured from the average elevation of
the finished grade along the exterior walls of the structure to the
highest point of the roof in the case of a flat roof, or to the mean
height between the eaves and the ridge in the case of a pitched roof.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
[Added 8-26-2015 by Ord.
No. 140]
HISTORIC RESOURCE(S)
All certified buildings, sites and structures within the
boundaries of the historic overlay districts.
HISTORIC STRUCTURE(S)
Any structure that is:
(1)
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;
(2)
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;
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved state program as determined by the Secretary
of the Interior; or
(b)
Directly by the Secretary of the Interior in states without
approved programs.
HOTEL or MOTEL
A building or group of buildings containing 10 or more guest
rooms, or a group of such buildings especially designed for the temporary
lodging of transient guests, provided that no room shall have cooking
facilities of any kind. Such establishment shall furnish to the occupants
customary hotel services such as maid service, and the furnishing
and laundering of linen. Eating and drinking facilities may be accessory
to the hotel or motel.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See §
135-95A and
B for the specifics on what areas the community has included in the identified floodplain area.
[Amended 8-26-2015 by Ord. No. 140]
IMPERVIOUS SURFACE
A surface which has materials that do not normally absorb
rainfall, such as buildings, streets, parking areas and walks, and
similar surfaces and structures.
INTERNAL STREET
As applied in the mobile home park provisions, a street privately
owned, constructed and maintained, which functions only to provide
direct access to individual mobile home lots.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous
lots or tracts of land for any purpose involving:
(a)
A group of two or more residential or nonresidential
buildings whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure;
(b)
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.
LANDOWNER
The record holder of legal title to land; the rightful holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition); a lessee if he is authorized
expressly under the lease to exercise the rights of the owner, of
the land which is the subject of an application for subdivision and/or
land development.
LANDSCAPED AREA
That portion of a tract or lot in which plantings have been installed in accordance with the special provisions for landscaping in §
135-161. The landscaped area includes the buffer planting strip, as well as plantings which serve a functional and/or aesthetic purpose when located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and the like.
LCD
Liquid crystal display.
[Added 6-1-2011 by Ord. No. 64-S]
LED
Light emitting diode.
[Added 6-1-2011 by Ord. No. 64-S]
LOT
An area of land established by plat or otherwise as permitted
by law and to be used, developed or built upon as a unit and which
conforms to the provisions of this chapter and all other Township
ordinances, codes and regulations.
[Amended 6-7-2017 by Ord.
No. 151]
LOT AREA
The area of land contained within the property lines of a
parcel of land, excluding the following features (NOTE: This definition
shall apply equally to all districts.):
[Amended 10-8-2015 by Ord. No. 141]
|
Feature
|
Percent of Feature to be Excluded
|
---|
|
Area within any utility easements and utility rights-of-way
|
100%
|
|
Area within road rights-of-way or easements for public or private
access
|
100%
|
|
Area within one-hundred-year floodplains
|
85%
|
|
Area of watercourses and surface water bodies
|
85%
|
|
Area within wetlands
|
85%
|
|
Area of very steep slopes
|
70%
|
|
Area within wetland/watercourse margins
|
50%
|
LOT LINE
A property boundary line of any lot held in single and separate
ownership. In the case of any lot abutting a street, including shared
driveways, the lot line for such portion of the lot as abuts such
street, including shared driveways, shall be deemed to be the same
as the street line, and shall not be the center line of the street,
or any other line within the street line.
[Added 6-7-2017 by Ord.
No. 151]
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including the
basement). An unfinished or flood-resistant enclosure usable solely
for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of applicable nonelevation design requirements of this
chapter.
MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent
occupancy, office, or place or assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term includes park trailers,
travel trailers, and recreational and other similar vehicles which
are placed on site for more than 180 consecutive days.
[Amended 8-26-2015 by Ord. No. 140]
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
MESSAGE DISPLAY CYCLE
That unit of time in which one complete message is displayed
upon a sign incorporating a dynamic message display.
[Added 6-1-2011 by Ord. No. 64-S]
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MOBILE HOME
A transportable, single-family detached dwelling intended
for permanent occupancy contained in one unit, or in two units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
mobile home park owner to the occupants of the mobile home erected
on the lot.
MOBILE HOME PARK
A parcel, or contiguous parcels, of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MOBILE HOME STAND
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
MODULAR SINGLE-FAMILY DETACHED DWELLING
A dwelling which is detached and intended for occupancy by
one family and is constructed using prefabricated parts or modules
that are assembled to form the dwelling unit.
MOTOR VEHICLE SERVICE STATION
A building or place of business where gasoline and automobile
accessories are dispensed directly to the motor vehicle trade, and/or
where automotive repair service may be rendered.
NATIONAL REGISTER
The National Register of Historic Places, a list maintained
by the Secretary of the Interior composed of buildings, sites, structures,
objects and districts of national, state or local significance in
American history, architecture, archaeology, engineering and culture.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective start date of the Floodplain Management
Ordinance and includes any subsequent improvements to such structures.
Any construction started after September 5, 1979, and before the effective
start date of the Floodplain Management Ordinance is subject to the
ordinance in effect at the time the permit was issued, provided the
start of construction was within 180 days of permit issuance.
[Amended 8-26-2015 by Ord. No. 140]
NOISE
Any sound which annoys or disturbs humans or animals or which
causes or tends to cause an adverse psychological or physiological
effect on humans or animals.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs and
buildings.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
OFFICE BUILDING
A building designated or used primarily for office purposes,
no part of which is used for manufacturing or dwelling purposes.
ONE-FAMILY DETACHED DWELLING
A house accommodating but a single domestic or social body
and having no party wall or walls in common with an adjacent house
or houses, provided that in a business district a single-family dwelling
may be attached to a store or other permitted business use.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OUTDOOR DINING
Any outdoor eating area with waitressed food service to more
than 12 seats accessory to a restaurant that has indoor seating.
[Added 11-2-2016 by Ord.
No. 147]
PARCEL
See "lot" definition.
[Added 6-7-2017 by Ord.
No. 151]
PARKING SPACE
A reasonably level space, available for the parking of one
motor vehicle, exclusive of passageways, driveways or other means
of circulation or access. A parking space shall be considered an impervious
surface, and may include either covered garage space(s) or uncovered
space located off the street right-of-way. The size of parking spaces
shall be as required in this chapter.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
PLAN
The proposal for development of a planned residential development,
including a plan of subdivision, all covenants, grants of easement
and other conditions relating to use, location and bulk of buildings,
density of development, common open space and public facilities and
such other information as required hereunder.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
PLASMA
A video display technology that relies upon the electric
excitation of phosphors to emit light.
[Added 6-1-2011 by Ord. No. 64-S]
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's
initial Flood Insurance Rate Map (FIRM), dated September 5, 1979,
whichever is later, and, as such, would be required to be compliant
with the regulations of the National Flood Insurance Program.
[Added 8-26-2015 by Ord.
No. 140]
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM), dated September 5, 1979,
whichever is later, and, as such, would not be required to be compliant
with the regulations of the National Flood Insurance Program.
[Added 8-26-2015 by Ord.
No. 140]
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC SEWER (PUBLIC SEWERAGE SYSTEM)
An off-site system in which sewerage is collected, conveyed,
treated and disposed by means approved by the Pennsylvania Department
of Environmental Protection; in accordance with a sewage facilities
plan approved by the Township; and administered, operated and maintained
by a governmental agency, authority or commission.
PUBLIC STREET OR WAY
A paved accessway which is manifest in one or more of the
following: all state roads and highways; all dedicated roads maintained
by the Township; all roads for which the offer of a deed of dedication
has been made; and all private roads over which the general public
has the right of access.
PUBLIC WATER (PUBLIC WATER SYSTEM)
An off-site system in which water is distributed and supplied
by means approved by the state and the Township, and administered,
operated and maintained by an organization which is regulated by a
governmental agency, authority or commission.
RECREATION[Added 6-7-2017 by Ord. No. 151]
(1)
ACTIVE RECREATIONRecreational activities that involve athletic and/or rigorous physical exertion. Such activities involve individual or team sports, running, biking, boating/canoeing, swimming and horseback riding.
(2)
ACTIVE RECREATION FACILITYA recreational area and supporting infrastructure designed specifically for active recreation that can have a significant impact on the surrounding environment. Such facilities generally require development and alteration of an area, including the construction of supporting infrastructure. Active recreation facilities include, but are not limited to, football fields, baseball fields, basketball courts, soccer fields, swimming pools, golf courses, playgrounds, tennis courts, skating and roller rinks. Active recreation facilities do not include community centers or commercial recreation facilities.
(3)
PASSIVE RECREATIONRecreational activities that are low impact, usually quiet and not rigorously athletic. Such activities may include, but are not limited to, walking, picnicking, bird watching and wildlife observation, and fishing.
(4)
PASSIVE RECREATION FACILITYAn open space site supporting passive recreation activities that generally requires little or no development or alteration of the site. Passive recreation facilities include, but are not limited to, trails for walking/jogging, nature trails, wildlife observation areas, public gardens, memorial parks and picnic areas.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
not designed for use as a permanent dwelling but as temporary living
quarters for recreation, camping, travel, or seasonal use.
REGISTERED HISTORIC DISTRICT
A historic district listed in the National Register of Historic
Places, or a state or local historic district whose status has been
certified by the Secretary of the Interior and which is certified
as meeting substantially all the requirements for National Register
listing.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
[Amended 8-26-2015 by Ord. No. 140]
REHABILITATION
The process of returning a property to a state of utility
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historical, architectural and cultural values.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower or antenna. By way of illustration,
not limitation, related equipment includes generators and base stations.
[Added 8-2-2017 by Ord.
No. 152]
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
[Added 8-26-2015 by Ord.
No. 140]
RESTAURANT
An establishment where food and drink are prepared, offered
for sale to customers, and/or served by waiters and/or waitresses
primarily for consumption on the premises and within the building.
[Added 11-2-2016 by Ord.
No. 147]
RETIREMENT RESIDENCE
A dwelling unit in a retirement residence community which
may be in the form of a single-family detached conventional dwelling,
a modular detached or attached dwelling, or other type of dwelling
which meets the Township building code requirements.
RETIREMENT RESIDENCE COMMUNITY
A planned community that is composed of dwelling units which
are occupied by adult individuals or families of a particular age
group and family size that includes facilities to meet various recreational
and personal service needs of the residents. Such communities are
typically inhabited by adult individuals or families without children,
and must have at least one householder of the age of 55 years or older
in a minimum of 80% of the dwelling units.
[Amended 6-7-2017 by Ord.
No. 151]
SERVICE OR RECREATION BUILDING
A structure housing operational, office, recreational, maintenance,
and other facilities in a mobile home park built to conform to local
standards.
SEWER CONNECTION
The sewer connection of a mobile home consists of all pipes,
fittings, and appurtenances from the drain outlet of the mobile home
to the inlet of the corresponding sewer riser pipe.
SEWER RISER PIPE
The sewer riser pipe of a mobile home is that portion of
the sewer lateral which extends vertically to the ground elevation
and terminates at each mobile home space.
SIGN
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented directly or indirectly
on a structure or other surface, that shall display or include any
letter, work, insignia, flag, or representation, used as, or which
is in the nature of, an advertisement, announcement, visual communication,
direction, or is designed to attract the eye, or bring the subject
to the attention of the public. Flags of the United States of America,
the Commonwealth of Pennsylvania, the County of Delaware or Chadds
Ford Township, no larger than those flying at the county seat, signs
inside a building which are not visible from a public right-of-way
or adjoining property, and cornerstones built into or attached to
a wall of a building are excluded. In addition to the above, internally
lighted building decoration, e.g., lighted building wrap, shall be
considered to be an illuminated sign (see "sign, illuminated").
SIGN, ACCESSORY
Any sign which specifically relates to the permitted use
of the premises on which said sign is erected and which serves as
a further description of products available to, or services provided
for, the general public.
SIGN AREA
(1)
For signs not involving illuminated facades,
translucent awnings or translucent weather covers: The area of such
a sign shall be construed to include all lettering, wording, and accompanying
designs and symbols, but not including any supporting framework and
bracing which are incidental to the display itself. Where the sign
consists of individual letters or symbols attached to a surface, building,
wall or window, the area shall be considered to be that of the smallest
rectangle, including the sign background, which encompasses all of
the letters and symbols, including all enclosed and open areas of
the background.
(2)
For signs involving illuminated facades, translucent awnings, or translucent weather covers: When lettering, wording, logos, or accompanying designs or symbols are attached to or displayed from or with illuminated facades, translucent awnings, or translucent weather covers, in addition to the area described in Subsection
(1) above, the entire illuminated structure shall also be considered to be sign area.
(3)
For internally lighted building decoration,
e.g., lighted building wrap: In the case of internally lighted building
decoration, e.g., lighted building wrap, the sign area shall be deemed
to be the greater of the actual square footage of said decoration
or one square foot per linear foot of said decoration.
SIGN, CANOPY OR AWNING
Any sign that is part of, hangs from, is attached to, painted
on or affixed to a structure made of cloth, canvas, metal, wood, plastic,
or similar material, over a door, entrance, window or outdoor service
area. Such signs may or may not be fixed or equipped with a mechanism
for raising and holding an awning in a retracted position against
the building.
[Added 6-1-2011 by Ord. No. 64-S]
SIGN, FLASHING
A sign, the illumination of which is not kept constant in
intensity at all times when in use, and which exhibits sudden or marked
changes in lighting effects. Illuminated signs which indicate the
time, temperature, or date information shall not be considered flashing
signs.
SIGN, FREESTANDING
A sign not attached to a building. This category includes
signs with any support structure independent of a building, including
but not limited to columns, poles, posts or masonry structures.
SIGN, GROUND
Any sign, other than a pole sign, placed upon or supported
by the ground independent of any structure.
SIGN, ILLUMINATED
A sign designed to give forth artificial light directly (or
through transparent or translucent material) from a source of light
within such sign or a sign with illumination derived from an external
artificial source so arranged that no direct rays of light are projected
from such artificial source to areas other than the sign being illuminated.
Internally lighted building decoration, e.g., lighted building wrap,
shall be considered an illuminated sign.
SIGN, INCIDENTAL
A sign providing information about specific hours of operation,
ownership, etc., as defined fully in the section covering such signs
and distinguishing them from accessory signs.
SIGN, OFF-PREMISES
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
SIGN, ON-PREMISES
A sign relating in its subject matter to the premises on
which it is located, or to products, accommodations, services, or
activities on the premises. On-premises signs do not include signs
erected by outdoor advertising industry in the conduct of the outdoor
advertising business.
SIGN, PARALLEL
A sign which is mounted parallel to a wall or other vertical
building surface, not extending beyond the edge of any wall or other
surface to which it is mounted and not projecting more than 15 inches
from the wall surface.
SIGN, POLE
A sign that is mounted on a freestanding pole or other support.
SIGN, PROJECTING
A sign which is attached directly to the structure wall and
which extends more than 15 inches from the face of such wall.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises on
which the sign is located.
SIGN, TEMPORARY
A sign designed and designated for use during a specific time period. Such sign may require a permit under the circumstances set forth in Article
XVIII.
SIGN, WINDOW
A temporary or permanent accessory sign which is oriented
to the public right-of-way, is legible to persons in vehicles, and
is located on the outside or inside of a window to direct attention
to an activity conducted on the same lot.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
SITE
A tract of land, or a combination of contiguous lots on a
tract which form an area for a development project.
SLOPE, STEEP
Those areas of land which are characterized by a change in
elevation of 15% up to 25% based on three consecutive two-foot contours,
which is six cumulative vertical feet of grade change.
[Added 10-8-2015 by Ord.
No. 141]
SLOPE, VERY STEEP
Those areas of land which are characterized by a change in
elevation in excess of 25% based on three consecutive two-foot contours,
which is six cumulative vertical feet of grade change.
[Amended 10-8-2015 by Ord. No. 141]
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant
to the provisions of this chapter.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
[Added 8-26-2015 by Ord.
No. 140]
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit, unless a time extension is granted, in
writing, by the floodplain administrator. The "actual start" means
either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
[Added 8-26-2015 by Ord.
No. 140]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles,
and light poles.
[Added 8-2-2017 by Ord.
No. 152]
STORY
That part of a structure included between any floor and the
floor or roof next above. When applied to the permissible height of
buildings, the term "story" shall not include a basement if the basement
is not designated for living quarters and if the floor thereof is
more than five feet below the average ground level.
STREET
A public (dedicated) or private (undedicated) right-of-way,
serving as a means of vehicular and pedestrian circulation to furnish
access to abutting lots and used to provide space for installation
of improvements such as sewers, other utilities, street trees and
sidewalks.
STREET LINE
The dividing line between a lot and the right-of-way line
of a public street, road, or highway legally open, or between a lot
and a privately owned street or road over which the owners or tenants
of two or more lots, each held in single and separate ownership, have
the right of access.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, manufactured
homes, and other similar items.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, conveyance or other transfer of ownership or
building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres, not involving any new street or easement of access of any
residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
(1)
Any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either:
(a)
Before the improvement or repair is started; or
(b)
If the structure has been damaged, and is being restored, before
the damage occurred.
(2)
The term does not, however include either:
(a)
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the Code Enforcement and Zoning Officer
and which are the minimum necessary to assure safe living conditions;
or
(b)
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone messages between
subscribers, and other business of the telephone company.
TOP OF BANK
That point along either side of a stream at which the slope
change in the natural topography defines a channel capable of containing
the flow in a natural watercourse during normal flow conditions.
TOURIST CAMP
One or more buildings or structures intended for the accommodation
of transient guests, not including automobile courts and motels.
TOURIST HOUSE
A single-family dwelling in which overnight accommodations
are offered for transient guests for compensation.
TOWER
Any other pole, telescoping mast, monopole, tower, tripod,
or any other structure to be erected within the Township.
TRACT
A parcel of land intended for development as a planned residential
development under terms of this chapter. A tract may consist of one
or more lots held in single and separate ownership at the time of
application and developed pursuant to a common plan by agreement of
the owners. The holder of an option or contract to purchase, a lessee
who is authorized by the terms of the lease to develop the tract with
a lease for a remaining term of not less than 40 years, or other persons
having an enforceable proprietary interest in such land shall be deemed
owners for the purposes of this chapter.
TRAILER CAMP
A premises designed for and offered to the use of one or
more trailers or other vehicles used for living or sleeping purposes.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code, contained in 34 Pa. Code, Chapters
401 through 405, as amended from time to time, and incorporated herein
by reference as the municipal building code of this municipality,
adopted by Chadds Ford Township to administer and enforce the provisions
of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S.
§§ 7210.101 through 7210.1103, as amended from time
to time, and its regulations.
UNIFORMITY RATIO
A measurement that compares the brightest single location
with the darkest single location, upon the face of a sign or some
other designated surface.
[Added 6-1-2011 by Ord. No. 64-S]
USABLE SITE AREA
The usable site area of a mobile home park is that portion
which is free of water surfaces, wetlands (as defined by the appropriate
federal and state authorities or agencies), floodplains, severe high
water table areas, quarries and slopes over 20%, utility and other
rights-of-way and easements and structures or obstructions unrelated
to the mobile home park usage.
VARIANCE
Relief granted pursuant to the provisions of this chapter.
WATER CONNECTION
The water connection of a mobile home consists of all pipes,
fittings, and appurtenances from the water riser pipe to the water
inlet pipe of the distribution system within the mobile home.
WATERCOURSE
A stream with year-round or substantially year-round flow,
such as a creek, run, river, or like moving water channel.
WATER RISER PIPE
The water riser pipe of a mobile home is that portion of
the water service pipe which extends vertically to the ground elevation
and terminates at the designated point on each mobile home lot.
WATER SERVICE PIPE
The water service piping of a mobile home consists of all
pipes, fittings, valves, and appurtenances from the water main of
the park distributing system to the water outlet of the distributing
system within the mobile home.
WETLAND
An area with hydric soils that are inundated or saturated
by surface water and/or groundwater which supports hydrophytic vegetation
such as swamps, bogs, marshes and the like, such areas being regulated
by the U.S. Army Corps of Engineers and/or the PA DEP.
WETLAND/WATERCOURSE MARGIN
Any area located within 25 feet of any wetland or any watercourse,
measured horizontally on a line perpendicular to the edge of the wetland
or, in the case of a watercourse, to the edge of the water at bank-full
flow.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, microwave, satellite, or radio
signals.
[Added 8-2-2017 by Ord.
No. 152]
WIRELESS COMMUNICATIONS FACILITY
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. This is a general term to refer
to a communications tower and/or communications antenna and/or related
equipment.
[Added 8-2-2017 by Ord.
No. 152]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a communications tower
or any other support structure that could support the placement or
installation of a wireless communications facility, if approved by
the Township.
[Added 8-2-2017 by Ord.
No. 152]
YARD
(1)
FRONT YARDThe required open space between the nearest point of any structure on the lot and the front street.
(2)
SIDE YARDThe required open space from the nearest point of any structure on the lot extending along that portion of the side lot line along the depth of the lot parallel to the side building line.
(3)
REAR YARDThe required open space from the nearest point of any structure on the lot extending along that portion of the rear lot line the width of the lot parallel to the rear building line.
ZHB
Zoning Hearing Board.
[Added 9-1-2010 by Ord. No. 64-R]