Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article. The present tense includes the future; the singular number includes the plural, and the plural the singular; the masculine gender includes the feminine and neuter.
[Amended 5-14-2013 by Ord. No. 2013-02; 9-10-2013 by Ord. No. 2013-04]
As used in this chapter, terms not specifically defined in this section shall have the same meanings as words defined in the Municipalities Planning Code, 53 P.S. § 10101 et seq., and in Chapter 385, Subdivision and Land Development, of this Code. The following terms shall have the meanings indicated in this section:
ACCESSORY BUILDING AND STRUCTURES
A building or structure subordinate to the principal building located on the same lot and used for purposes customarily incidental to those of the principal building.
ACCESSORY SUITE
A self-contained dwelling unit, resulting from the conversion of an existing single-family detached dwelling into two units, or the creation of a dwelling unit with an accessory suite, which is complete with kitchen and bath facilities, has direct access to the outdoors or to a hallway from which there is direct access to the outdoors, and is physically subordinate to the principal dwelling unit that exists on the property.
[Added 12-10-2019 by Ord. No. 19-07]
ACCESSORY USE
A use subordinate to the principal use of land or of a building located on the same lot and customarily incidental thereto.
ACRE-GROSS
The entire area of a tract exclusive of rights-of-way (public or private) whether interior or exterior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, and common open space.
ACRE-NET
The actual area proposed for residential development exclusive of existing and proposed rights-of-way, streets, sidewalks and other nonresidential uses.
ACT
The Pennsylvania Municipalities Planning Code, Act 247, as may be amended from time to time.
ADAPTIVE REUSE
The development of a new use for an existing building that typically involves a conversion of use from residential to nonresidential.
[Added 12-10-2019 by Ord. No. 19-06]
ADDITION
An extension or increase in floor area of a building or structure whether habitable or not.
AGRICULTURAL DAY CAMP
A day camp or retreat generally related to agricultural activities permitted as an accessory use on a farm of 10 acres or more that complies with the provisions of § 450-62I(7).
[Added 8-8-2023 by Ord. No. 2023-03]
AGRICULTURE
The cultivation of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nurserying, horticulture, forestry and the breeding and raising of customary domestic animals.
ALLEY
A minor right-of-way, municipally or privately owned, typically providing vehicular access to the side or rear of two or more lots.
[Added 12-10-2019 by Ord. No. 19-06]
ALTERATIONS
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters, or enclosure walls.
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 8-11-2015 by Ord. No. 2015-01]
AUTOMOTIVE SALES BUILDING
An "automotive sales building" is a building used for the sale of, hire of, or remuneration from automotive equipment. This shall be interpreted to include auto accessory sales rooms but not the sale of junked automotive equipment.
AUTOMOTIVE SERVICE STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel or motor vehicles at retail, direct from pumps and storage tanks, and which may include accessory facilities for rendering services, such as lubrication, washing and minor repairs.
BASEMENT
A basement is an enclosed area partly or completely below grade. It shall be considered a building story if more than 33 1/3% of the perimeter walls extend five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area.
BED-AND-BREAKFAST INN
A single-family detached or semidetached dwelling with or without accessory buildings, containing five or fewer guest rooms, converted or designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind. Such establishment shall furnish two occupants lodging services such as maid service and the furnishing and laundering of linen and typically provides accessory eating and drinking facilities for morning breakfast and/or afternoon tea. Such an establishment is typically converted from a single-family residence, school, church and the like, and is occupied by a resident innkeeper. Bed-and-breakfast inns shall comply with the provisions of § 450-62N.
BERM
An earthen embankment that serves purposes such as retaining/detaining the flow of surface water runoff, preventing soil erosion, or is used to aid in visual screening between land uses, most often by supporting plant materials.
[Added 6-12-2018 by Ord. No. 2018-03]
BILLBOARD
A freestanding outdoor sign with a sign area that is between 60 square feet and 300 square feet. The term "billboard" applies to all physical parts of the sign, including display faces, structure, support poles, attached ladders, attached catwalks, and appurtenant lighting systems, and visual display systems.
[Added 12-10-2013 by Ord. No. 2013-07; amended 4-13-2021 by Ord. No. 2021-04]
BLOCK
An area of land bounded by streets.
BOARD
The Board of Supervisors of West Bradford Township, except in Article XIV, in which it means the Zoning Hearing Board.
BOARDINGHOUSE
A building or portion thereof arranged or used for sheltering or feeding, or both, for compensation, more than three and not more than 10 individuals.
BREWERIES
Establishments licensed to produce, transport and sell malt or brewed beverages for on or off-site consumption. Pennsylvania manufactured wines, spirits, and malt or brewed beverages may be sold for on-site consumption, but shall not exceed 50% of on-site sales of brewery's own malt/brewed beverage. Breweries may include:
[Added 12-10-2019 by Ord. No. 19-06]
A. 
BREWPUBA combination brewery and restaurant that sells 50% or more of its brewed beer onsite. The beer is brewed primarily for sale in the restaurant, but beer may be sold for off-site consumption, and must produce a minimum of 250 barrels per year.
B. 
CRAFT BREWERYA small, independent, and traditional brewery with an annual production of less than 1,000,000 U.S. beer barrels as defined by the American Brewers Association.
C. 
MICROBREWERYA brewery that produces less than 15,000 barrels of beer per year, and typically producing beer for off-site distribution while serving a percentage of the product for on-site consumption in a taproom or tasting room.
D. 
NANOBREWERYA very small brewery, defined by a brew system of less than four U.S. barrels (479L).
E. 
WINEBAR/BRING YOUR OWN FOOD (BYOF)A commercial establishment that lacks a full kitchen, focuses on the sale of wine, traditionally serves cheeses and desserts, and allows food to be brought in from other locations and consumed onsite.
BUFFER
An open or landscaped space between adjacent properties where no development has taken place.
[Added 6-12-2018 by Ord. No. 2018-03]
BUILDING
Any structure with a roof intended for shelter or enclosure of persons, animals or property.
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof.
BUILDING LINE
The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
CALIPER
The diameter of an unplanted or replacement tree measured at six inches above the ground; or if the diameter measured at six inches above the ground is greater than four inches, then the diameter shall be measured at 12 inches above the ground.
[Added 6-12-2018 by Ord. No. 2018-03]
CARTWAY
The surface of a street or alley available for vehicular traffic.
CEMETERY
Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CERTIFIED HISTORIC DISTRICT
A historic district which has been certified by the United States Department of the Interior through designation in the National Register of Historic Places.
CERTIFICATE OF USE AND OCCUPANCY
A certificate issued and enforced by the Zoning Officer upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations, as provided herein and within all other applicable requirements, have been complied with.
CHURCH
A building used for public worship and education by a congregation, excluding buildings used exclusively for residential, burial, recreational or other uses not normally associated with worship.
CIVIC PLAZA
A type of required green area in the TND-2 District that is subject to the design guidelines of § 450-48, Manual of General Design Guidelines.
[Added 12-10-2019 by Ord. No. 19-06]
CLEARCUTTING
The indiscriminate removal of all trees on a site, or any portion thereof greater than 0.5 acre in contiguous area, during a single timber harvesting operation or within a three-year period.
[Amended 6-12-2018 by Ord. No. 2018-03]
CLUB AND/OR LODGE
A building utilized as a private club, offering restaurant and/or bar privileges.
CLUSTER DEVELOPMENT
A method by which lot area and yard requirements may be reduced to provide for greater open space amenities subject to the provisions of this chapter.
CO-LOCATION or COLOCATED
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 8-11-2015 by Ord. No. 2015-01]
COMMERCIAL SCHOOL
Any facility that provides instruction or training on a for-fee basis that is not operated by a public agency or authority.
COMMON OPEN SPACE
That area of land to be maintained for the use and enjoyment of residents and/or for the general public. The area of common open space shall not include street rights-of-way or yard off-street parking areas required for residential or other uses permitted by this chapter or easements that encompass facilities for other than recreational purposes.[1]
COMMUNITY UTILITY
A building, structure or use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; and for the purpose of providing the transmission of energy. This definition does not encompass or include wireless communications facilities, which are separately defined and provided for in this Zoning Ordinance.[2]
[Amended 8-11-2015 by Ord. No. 2015-01]
CONDITIONAL USE
A use which may not be 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 established by the applicant, who shall have the burden of proving the criteria and conditions can be satisfied. Conditional uses are allowed or denied by the Board of Supervisors after recommendations by the Planning Commission.
CONDOMINIUM
A form of property ownership providing for individual ownership of a specific dwelling unit or other space not necessarily on ground level together with an individual interest in the land or other parts of the structure in common with other owners.
CONGREGATE HOUSING
A residential facility utilizing two or more dwelling units for the housing of persons (age 60 years or older) where services such as shared food preparation, laundering, recreation, social activities, transportation, and/or counseling are provided for the exclusive use of all residents by a resident staff of personnel.
CONVERSION
The division of a building into two or more dwelling units or an alteration of a building, structure or land by change of use theretofore existing to a new use which imposes other special provisions of a law governing building construction, equipment, exits or zoning regulations.
DAY-CARE CENTER
A facility which, on a daily basis, exclusively provides supplemental parental care and supervision and/or instruction to seven or more children simultaneously who are not all related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized or not, and which is licensed or approved to dispense child care by the Commonwealth of Pennsylvania, and whether operated for profit or not for profit.
DAY-CARE HOME
A private residence where care, protection and supervision are provided, for profit or not for profit, at least twice a week for four, five or six children at any one time, including any children of the adult provider living within the residence.
DEMOLITION
The tearing down, removal or razing of a significant portion of a structure or landmark.
DENSITY
A term used to express the allowable number of dwelling units per acre of land.
A. 
DENSITY, NETThe number of dwelling units per net acre.
B. 
DENSITY, GROSSThe number of dwelling units per gross acre.
DESIGN REVIEW COMMITTEE (DRC)
A committee of five persons appointed by the Board of Supervisors to oversee the detailed design and approvals process in the TND-2 District, as illustrated in 450 Attachment 1, TND - 2 District Summary of Design and Approvals Process.[3] The DRC shall consist of: one member of the Planning Commission; one member of the Board of Supervisors; one member of the Historical Commission; one Architectural Consultant; and one Town Planner. The West Bradford Township Planning Commission shall serve as the designated DRC in the absence of an appointed DRC by the Board of Supervisors.
[Added 12-10-2019 by Ord. No. 19-06]
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of an existing, mature tree trunk, measured at 4.5 feet above ground level.
[Added 6-12-2018 by Ord. No. 2018-03]
DIGITAL BILLBOARD
A billboard on which the sign face copy is composed of light-emitting diode (LED), halogen, compact fluorescent, incandescent, plasma or similar screens, lamps or bulbs which may be changed remotely with no greater frequency than once every 20 seconds so as not to be distracting to motorists.
[Added 12-10-2013 by Ord. No. 2013-07; amended 4-13-2021 by Ord. No. 2021-04]
DISTILLERY, CRAFT/LIMITED
An establishment licensed to manufacture, store, bottle, and sell in sealed containers at wholesale. Such establishments may produce no more than 50,000 gallons of distilled liquor per year. Pennsylvania manufactured wines, spirits and malt or brewed beverages may be sold for on-site consumption, but shall not exceed 50% of on-site sales of brewery's own malt/brewed beverage.
[Added 12-10-2019 by Ord. No. 19-06]
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 8-11-2015 by Ord. No. 2015-01]
DRIPLINE
The area defined by the outermost circumference of a tree canopy where water drips from and onto the ground.
[Added 6-12-2018 by Ord. No. 2018-03]
DUMP
A tract of ground or portion thereof used for deposit and storage of refuse, including but not limited to garbage, ashes and rubbish. The definition of "dump" does not include a sanitary landfill as defined by this chapter and when operated in accordance with standards and regulations established by the Pennsylvania Department of Environmental Protection or the Chester County Health Department.
DWELLING
A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling" or "dwelling group" shall not be deemed to include motel, rooming house, tourist home or hotel.
DWELLING UNIT
A room or rooms within a building connected together, constituting a separate, independent housekeeping establishment for one family only, for owner-occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent cooking and sleeping facilities.
DWELLING TYPES
[Amended 6-9-2020 by Ord. No. 2020-04]
A. 
SINGLE-FAMILY DETACHEDA dwelling unit accommodating a single family and having two side yards.
B. 
SINGLE-FAMILY SEMIDETACHEDA building containing two dwelling units, including a twin or duplex.
(1) 
TWINTwo dwelling units, each accommodating one family, which are attached through the use of a common party wall, and having two side yards.
(2) 
DUPLEXTwo dwelling units, each accommodating one family, which are located one over the other, and having two side yards.
C. 
MULTIFAMILY DWELLINGThree or more dwellings, each accommodating one family, with one or more families living wholly or partly over another or other units, including single- family attached (townhouse), quadraplex, or garden apartment.
(1) 
SINGLE-FAMILY ATTACHED (TOWNHOUSE)Three, but not more than six, dwelling units, each accommodating one family, which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit.
(2) 
QUADRAPLEXA building containing four dwellings, each sharing two common party walls and forming the corner of a square.
(3) 
GARDEN APARTMENTA multifamily dwelling up to three stories in height designed for rental or condominium ownership of the dwelling unit.
EATING ESTABLISHMENT
Any form of restaurant and/or tavern open to the public and dispensing food and drink.
EDUCATIONAL USE
Land and/or buildings specifically designed, arranged and intended for the primary purpose of academic instruction and learning, including preschools, elementary schools, and secondary schools owned and operated by the local school district or other public education authority.
[Amended 7-11-2023 by Ord. No. 2023-05]
EMERGENCY
A condition that:
[Added 8-11-2015 by Ord. No. 2015-01]
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.
FAMILY
A. 
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
(1) 
The group shares the entire dwelling unit.
(2) 
The group lives and cooks together as a single housekeeping unit.
(3) 
The group shares expenses for food, rent, utilities or other household expenses.
(4) 
The group is permanent and stable and not transient or temporary in nature.
(5) 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
B. 
This definition does not prohibit group homes and other community living arrangements determined to be protected by the Federal Fair Housing Law.[4]
[Added 12-10-2013 by Ord. No. 2013-05]
FAMILY CARE HOME
A private residence where care, protection and supervision are provided, for profit or not for profit, at least twice a week to no more than three children at any one time.
FARM
A lot or plot of 10 acres or more devoted to or available for the cultivation of land as described under "agriculture."
FCC
Federal Communications Commission.
[Added 8-11-2015 by Ord. No. 2015-01]
FLOOR AREA
The total floor area of the dwelling unit actually used for habitation excluding cellars, storage, attics, porches, garages and the like. In particular, floor area includes, but is not limited to, the following:
A. 
Basement space, if it meets the requirement of a building story;
B. 
Elevator shafts, stairwells and attic space (whether or not a floor has been laid) providing structural headroom of 7 1/3 feet or more;
C. 
Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed;
D. 
Any other floor space used for dwelling purposes, no matter where located within the building; and
E. 
The area of accessory buildings.
FOOTCANDLE (FC)
A quantitative unit for measuring illumination equivalent to the illumination produced by a plumber's candle (standard source) measured at a distance of one foot on lumen per square foot.
FOREST
Any area defined as "woodland" herein.
[Added 6-12-2018 by Ord. No. 2018-03]
FOREST CANOPY
The extent of the uppermost leaf cover formed within any woodland or forest by the crowns of trees.
[Added 6-12-2018 by Ord. No. 2018-03]
FOREST CANOPY TREES
The individual trees which collectively form the forest canopy.
[Added 6-12-2018 by Ord. No. 2018-03]
FOREST INTERIOR HABITAT
That portion of a forest or woodland which lies beyond most of the influences which degrade a forest from the outside - influences such as light, wind, noise, and nonnative species. Forest interior habitat provides the best habitat for certain rare and sensitive species and can be referred to as the "deep" woods or the "heart of the forest." "Forest interior habitat" is defined as any area within a thirty-five-acre or larger woodland which is also located more than 300 feet from the outermost dripline of all trees along the edge of the subject woodland area.
[Added 6-12-2018 by Ord. No. 2018-03]
FORESTED RIPARIAN BUFFER
A riparian buffer that consists predominantly of native trees, shrubs and/or herbaceous plants that provide a minimum of 60% uniform canopy coverage.
[Added 6-12-2018 by Ord. No. 2018-03]
FORESTRY ACTIVITIES
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Christmas tree farms and landscaping activities associated with residential, business, industrial or commercial structures shall not be considered forestry activities.
FREESTANDING SIGN
Any billboard, poster, panel, display, illustration, structure or device used for visual communication which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface.
[Added 4-13-2021 by Ord. No. 2021-04]
GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises.
GARAGE, PUBLIC
A building where motor vehicles are repaired, rebuilt, reconstructed, painted or stored for compensation.
GREEN AREA
The landscaped space between principal buildings, or an open space or recreational area, pocket park, walkway, promenade, village green, civic plaza or square, or other outdoor space in which features such as benches, gazebos, pergolas, trellises, planters, plantings, lighting, and the like are installed and maintained.
[Added 12-10-2019 by Ord. No. 19-06]
GREEN COURT
A green area along which dwelling units front.
[Added 12-10-2019 by Ord. No. 19-06]
GREEN COURT LOT
A lot which fronts on a green area and has vehicular access from a rear alley.
[Added 12-10-2019 by Ord. No. 19-06]
GROSS TRACT AREA
All land contained within the legal title lines of a tract.[5]
HAZARDOUS WASTE
As defined in Section 103 of Pennsylvania Act 97 (1980), the Solid Waste Management Act.[6]
HEDGEROW
A multilayered, dense, and linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields and may occur naturally or be specially planted (e.g., as a windbreak). Hedgerows are considered woodlands and regulated as such.
[Added 6-12-2018 by Ord. No. 2018-03]
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 8-11-2015 by Ord. No. 2015-01]
HISTORIC STRUCTURE
A building, structure, site, object or landmark that:
A. 
Has been placed on the National Register of Historic Places (Districts, Properties, or Landmarks); or
B. 
Is eligible for listing on the National Register of Historic Places (Districts, Properties, or Landmarks); or
C. 
Has an age of 75 years or older, containing features of general historical, architectural, cultural, archaeological merit; or
D. 
An age of 50 years or older, containing particular historical, architectural, cultural, archaeological merit significant, in that:
(1) 
It can be identified with a historical personage or event;
(2) 
It is representative of a period style of architecture;
(3) 
It is a notable work of a recognized master architect, designer or builder who influenced his/her era; or
(4) 
It has particular significance for any reasons of local, state or national history.
HOME OCCUPATION
An accessory use which is clearly incidental or secondary to the residential use of the dwelling unit and is customarily carried on within a dwelling unit or accessory buildings by one or more occupants of such dwelling unit.
HOTEL
An establishment which is open to transient guests and in which lodging with or without meals is offered for compensation and in which there are sleeping accommodations for more than 10 individuals.
ILLUMINATION
The density of luminous flux on a surface.
IMMINENT DANGER
When, in the opinion of the Township's Zoning Officer, there is imminent danger of failure or collapse of a structure which endangers life or when any structure or part thereof has fallen and life is endangered by the occupation of or by entering the proximity of the structure.
IMPERVIOUS SURFACE AREA
All surfaces that do not absorb rain. Total roof square foot area as projected on a horizontal plane shall be considered as impervious surface area. Impervious surface area shall be measured as a percentage of the gross lot area or gross tract area less area within public or private road rights-of-way.
INDEPENDENT SENIOR LIVING COMMUNITY
A unified planned residential community for persons who are age 55 years of age and older which qualifies for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder. Such community may include single- family detached, single-family semidetached and/ or multi -family dwellings. Such communities may provide dining services, basic housekeeping and laundry services, transportation, social programs, and fitness facilities, but do not provide healthcare or assistance with daily living activities.
[Added 6-9-2020 by Ord. No. 2020-04]
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of the commonwealth and which is approved by the Pennsylvania Department of Environmental Protection. The system must be within the confines of the lot on which the use is located or on a parcel of ground that is owned fee simple by the owner.
INSTITUTION
A building and grounds, a portion of which is used for the residence of more than four unrelated persons who occupy the buildings for a common purpose, not to include penal or mental facilities but to include hospitals, convents, school dormitories, nursing homes, the educational, administrative and recreational facilities of such organizations as the YMCA, YWCA, Boy Scouts, Girl Scouts, and Boys Clubs.
INVASIVE VEGETATION
Any nonnative plant species which aggressively displaces native plants. Also called "exotics" and "aliens," these species reproduce prolifically, grow rapidly, and out-compete native plants for light, space, and nutrients, reducing plant diversity and wildlife habitat. Invasive vegetation includes, but is not limited to, the plant species listed in Appendix A.1: Prohibited Plants: Alien, Invasive Trees, Shrubs, and Vines, of this chapter.[7]
[Added 6-12-2018 by Ord. No. 2018-03]
ISOLUX DIAGRAM
A line plotted on any appropriate set of coordinates that shows all the points of a surface where the illumination is the same as an isolux (isofoot-candle) line. When a series of such lines for various illumination levels are plotted on the same set of coordinates, an "isolux diagram" is formed.
JUNKYARD
An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to, wastepaper, 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 vehicles without current license and/or current inspection stickers, wrecked or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard.
KENNEL
A commercial operation involving the boarding, breeding or grooming of more than four adult dogs, cats or other domestic animals.
LAND DISTURBANCE
Any activity which exposes soils, alters topography, and/or alters vegetation, including clearing, grading, filling, plowing or any other similar earthmoving.
[Added 6-12-2018 by Ord. No. 2018-03]
LANDSCAPE SCREEN
A completely planted visual barrier composed of evergreen plants and trees arranged to form both a low-level and a high-level screen.
LENGTH-TO-WIDTH RATIO
The length-to-width ratio of a lot shall be calculated by using the average length of the lot and the average width of the lot. The "pole" portion of a flag lot shall not be included in the calculation of average length or average width.
LIFE CARE FACILITY
A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals, with a full health and continuing care nursing home facility.
LIGHT INDUSTRY
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.
LIMITS OF DISTURBANCE
The boundary line on Township-approved construction documents and marked clearly in the field delineating where permitted land disturbance may occur and areas where no land disturbance shall occur, such as grading, materials storage, traversing of vehicles, etc.
[Added 6-12-2018 by Ord. No. 2018-03]
LIVE-WORK UNITS
A dwelling unit in combination with a place of business within the same building, whereby the resident occupant lives above the shop, studio or other place of employment that is located below, on the ground floor of the building.
[Added 12-10-2019 by Ord. No. 19-06]
LOT
A lot is a parcel of land separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County.
LOT COVERAGE
The area of a lot occupied by buildings, structures and other paved or compacted materials, including, but not limited to, paved driveways, sidewalks, walkways, compacted soils, gravel or stone surfaces used for vehicle parking and movement, areas of porous pavement, porous pavers and other similar man-made permeable materials, and the total horizontal projection area of all ground-mounted and freestanding solar collectors.
[Amended 7-11-2023 by Ord. No. 2023-05]
LUMINAIRE
A complete lighting unit: lighting unit assembly (including reflectors, glassware, socket, etc.) and accessories for mounting.
MANUAL OF GENERAL DESIGN GUIDELINES
The document, included as § 450-48A of this chapter, prepared in accordance with § 708-A of the Pennsylvania Municipalities Planning Code, and which is intended to provide guidance to applicants with the preparation of plans in the TND-2 District.
[Added 12-10-2019 by Ord. No. 19-06]
MANUAL OF SPECIFIC DESIGN GUIDELINES
The document prepared by an applicant in the TND-2 District that specifies the proposed components of a development whenever one or more nonresidential buildings and two or more new residential buildings are proposed.
[Added 12-10-2019 by Ord. No. 19-06]
MASTER DEVELOPMENT PLAN
A plan or plans accompanied by written materials where such are necessary to describe, in graphic form and narrative form, the information required in a Unified Development Area application under Article V of this chapter.
MIXED-USE
A combination of residential, limited commercial, civic, and/or public uses within a TND-2 District.[8]
[Added 12-10-2019 by Ord. No. 19-06]
MOBILE HOME
A transportable building intended for permanent occupancy as a single-family dwelling, contained in one unit or two units, designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at the 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, i.e., a double-wide mobile home, not a modular home.
[Added 6-9-2020 by Ord. No. 2020-04]
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which said lot is leased by the park owner to the occupants of the mobile home erected on the lot.
[Added 6-9-2020 by Ord. No. 2020-04]
MOBILE HOME PARK
A parcel of land or contiguous parcels of land under single ownership, which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
[Added 6-9-2020 by Ord. No. 2020-04]
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 8-11-2015 by Ord. No. 2015-01]
MOTEL
A hotel primarily for transients traveling by motor vehicles with a parking space for each lodging unit and with access to each unit directly from the outside.
MUNICIPAL USE(S)
A use by West Bradford Township or by any municipal authority incorporated by the Township of West Bradford, Chester County, Pennsylvania.
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, reenacted and amended by Act No. 170 of 1988, as subsequently amended.[9]
NET LOT AREA (or LOT AREA)
Net lot area requirements are established in the various zoning districts in order to ensure that lots served by individual on-lot sewage disposal systems have adequate area comprising appropriate soil conditions to provide for proper operation of such a system and to provide for a replacement location, if necessary. Wherever applicable, net lot area shall be established as the area of land contained within the legal title lines of a lot, excluding the following areas:
A. 
Any area within the legal title lines set aside as a permanent right-of-way or easement for public or private street or driveway serving any other lot or lots or for aboveground or underground utilities intended for other than individual residential service;
B. 
Any area comprising permanent drainage or stormwater management easements;
C. 
Any area comprising sewage disposal facilities serving any other lot or lots;
D. 
Any area within the identified floodplain area, as defined in Article XI;
[Amended 8-8-2017 by Ord. No. 2017-05]
E. 
Any area comprising wetlands under the jurisdiction of the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection or their successor(s); the Township reserves the right to retain a qualified consultant to ascertain the extent of jurisdictional wetlands, with reasonable and necessary charges therefor to be borne by the applicant;
F. 
Any area of prohibitive slopes; and
[Amended 6-12-2018 by Ord. No. 2018-03]
G. 
The inner 50 feet of a forested riparian buffer.
[Amended 6-12-2018 by Ord. No. 2018-03]
NET TRACT AREA
For purposes of establishing the maximum permissible number of lots and dwelling units on any tract within the R-1 Residential District, the net tract area shall include all areas within the title lines of a tract, excluding any area comprising one or more of the following:
A. 
Any existing area that has been set aside as a permanent right-of-way or easement for a public or private street or for aboveground or underground utilities other than for individual residential service;
B. 
Any existing area comprising permanent drainage or stormwater management easements;
C. 
Any existing area comprising sewage disposal facilities serving any property not part of the subject tract;
D. 
Any area within the identified floodplain area as established in Article XI;
[Amended 8-8-2017 by Ord. No. 2017-05]
E. 
Any area comprising wetlands under the jurisdiction of the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection or their successor(s); the Township reserves the right to retain a qualified consultant to ascertain the extent of jurisdictional wetlands, with reasonable and necessary charges therefor to be borne by the applicant;
F. 
Any area of prohibitive slopes.
[Amended 6-12-2018 by Ord. No. 2018-03]
G. 
Any standing body of water or watercourse;
H. 
Any area that has been restricted by establishment of conservation easement(s) or that has had development rights removed; and
I. 
Any area identified as an inner riparian buffer.[10]
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, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the requirements of § 450-62M.
[Added 12-10-2019 by Ord. No. 19-06]
NONCONFORMING LOT
A lot held in single and separate ownership that does not conform to one or more of the applicable area regulations in the district in which it is located.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or prior to the application of such chapter or amendment to its location by reason of annexation.
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 WCF" shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
[Added 8-11-2015 by Ord. No. 2015-01]
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
OFFICE PARK
A tract of land designed and developed from a single, unified plan involving the layout of several lots, buildings and improvements typical of office buildings together with a landscaping and open space plan in order to achieve a campus theme and efficient use of shared utilities and roads.
OFF-PREMISES SIGN
A sign that directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered at a location other than the lot upon which the sign is located.
[Added 12-10-2013 by Ord. No. 2013-07]
OLD FIELD
An area in the early stages of natural succession characterized by the presence of herbs, shrubs, and young pioneer species trees (seedlings) whose branches do not form a complete tree canopy.
[Added 6-12-2018 by Ord. No. 2018-03]
ON-SITE WATER SERVICE
On-site water service is a safe, adequate and healthful supply of water to a single user from a private well as approved by the proper regulating agency. The well must be within the confines of the lot on which the use is located or on a parcel that is owned fee simple by the owner.
PARKLET
A type of required green area in the TND-2 District that is subject to the Design Guidelines of § 450-48, Manual of General Design Guidelines.
[Added 12-10-2019 by Ord. No. 19-06]
PAVED AREA
When required under this chapter, that amount of land required for the location of adequate parking space, driveways, or other access roads. In the computation of such, the actual building area shall be excluded.
PERSON
Any natural person, partnership, firm, association, corporation, public utility or municipal authority.
PERSONAL SERVICE ESTABLISHMENT
A building or portion of a building in which the services of a person permitted to practice a specific profession are offered to the general public. Examples of such uses include agents, barbers, beauticians, cleaners, doctors, lawyers, optometrists, photographers, post offices, repairing, tailors, undertakers and utility collection offices.
PLANNING COMMISSION
The Planning Commission of West Bradford Township.[11]
PLANNED SHOPPING CENTER
The multiple use of a single property for a group of stores planned and designed as an integrated unit with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit.
PLANNED INDUSTRIAL DEVELOPMENT
An area of land controlled by a single landowner and developer as a single entity for a number of industrial firms.
PNDI
Pennsylvania Natural Diversity Inventory.
[Added 6-12-2018 by Ord. No. 2018-03]
POCKET PARK
A type of required green area in the TND-2 District that is subject to the Design Guidelines of § 450-48, Manual of General Design Guidelines.
[Added 12-10-2019 by Ord. No. 19-06]
PROHIBITIVE SLOPES
Those areas of land where the grade is greater than 25%. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be based on contour intervals determined by detailed topographical survey using aerial photogrammetry or actual field survey and shall be signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
[Added 6-12-2018 by Ord. No. 2018-03]
PUBLIC SEWAGE SYSTEM
Any system, whether governmentally or privately owned, if subject to Public Utility Commission jurisdiction for the collection of sewage.
PUBLIC USES
Includes public and semipublic uses of a general welfare or educational nature, such as hospitals, nursing homes, schools, parks, churches, cemeteries, civic centers, fire stations, municipal buildings, essential public utilities that require enclosure within a building, airports, fraternal clubs and homes, nonprofit recreational facilities, easements for alleys, streets and associated rights-of-way.
[Amended 8-11-2015 by Ord. No. 2015-01]
PUBLIC WATER
A safe, adequate and healthful supply of water if subject to Public Utility Commission jurisdiction.
PUBLIC WAY
A street, alley, or other thoroughfare that provides vehicular access.
[Added 12-10-2019 by Ord. No. 19-06]
RARE SPECIES SITES
Sites which have been identified on the Pennsylvania Natural Diversity Inventory (PNDI) or the Chester County Natural Heritage Inventory as possessing floral or faunal species of concern or sites in which federally and/or state recognized rare, threatened or endangered species of flora and/or fauna are present. The land area regulated as a rare species site shall be as mapped in the pertinent inventory or survey.
[Added 6-12-2018 by Ord. No. 2018-03]
REFLECTOR
A surface or element of a luminaire designed to direct light in a desired direction.
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 8-11-2015 by Ord. No. 2015-01]
RESEARCH CAMPUS
A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture of or sale of products except as incidental to the main purpose of the laboratory.
RESIDENTIAL STORAGE SHED
A self-contained structure to be used solely for the purpose of enclosing, protecting and/or securing objects used in the normal yard, lawn and home maintenance associated with a single-family residential use. A residential storage shed shall have a maximum size, as follows: floor area, 80 square feet; height, 12 feet at its highest point.
RESORT
For purposes of this chapter, a resort facility shall include, but not be limited to, a motel complex with accessory shops and restaurant facilities, a conventional golf course, and swimming pool and tennis court facilities.
REST HOME
A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
RESTRICTED OPEN SPACE
A parcel or parcels of land or an area of water or a combination of land and water which, regardless of ownership, is restricted from further subdivision or development for other than open space purposes permitted in accordance with this chapter.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in which the federal, state or Township government has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
[Added 8-11-2015 by Ord. No. 2015-01]
RIPARIAN
Belonging or related to the bank of a water body.
[Added 6-12-2018 by Ord. No. 2018-03]
RIPARIAN BUFFER
A vegetated area, including trees, shrubs, and herbaceous vegetation, adjacent to a water body.
[Added 6-12-2018 by Ord. No. 2018-03]
ROAD CLASSIFICATION
A designation given a road in accordance with its function as a carrier of traffic and from which specific setback distances as provided in this chapter apply. Road classifications are set forth in the West Bradford Township Comprehensive Plan. Classifications for new roads within the Township shall be determined by the Board of Supervisors after recommendation by the Planning Commission. For the purpose of this chapter, the following three classifications shall apply:
A. 
ARTERIALA street whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on collector and local streets.
B. 
COLLECTORA road whose function is to provide for the movement of traffic to community facilities and carry larger volumes of traffic to the arterial road system.
C. 
LOCALA road whose function is to provide for local traffic movement and direct access to abutting properties.
SANITARY LANDFILL
A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation. A sanitary landfill shall be operated in accordance with standards established by, and shall be subject to inspection by, the Pennsylvania Department of Environmental Protection or Chester County Health Department, or it shall be considered a "dump."[12]
SETBACK LINE
A line established by this chapter with respect to road classifications which is parallel to the street line bounding an area, within which no structure, portion thereof, or appurtenance thereto shall be located. In the case of the requirement that there be a certain minimum lot width at the setback line, said minimum lot width shall be measured as herein defined or at the proposed location of the structure, whichever is a greater distance from the public right-of-way.
SIGN
Any billboard, poster, panel, display, illustration, structure or device used for visual communication which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface.
[Amended 4-13-2021 by Ord. No. 2021-04]
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.
SOLID WASTE
Any waste, including, but not limited to, municipal or residual wastes, but specifically excluding hazardous wastes; including solid, liquid, semisolid or contained gaseous materials.
SPECIAL EXCEPTION
The granting of a modification of the provisions of this chapter as authorized in specific instances listed and under the terms, procedures and conditions prescribed herein. Special exceptions are administered by the Zoning Hearing Board.
SPORTS COMPLEX DEVELOPMENT
A parcel of property of not less than 15 acres held in single and separate ownership, containing both outdoor and indoor athletic fields and facilities, designed and developed primarily to accommodate competitive adult and youth ball sports, including soccer, lacrosse, field hockey, track, baseball, volleyball, basketball, handball, tennis and other racket sports, together with facilities accessory thereto, such as gymnasium, exercise and weight machines and equipment, swimming pool, spa and sauna, sports medicine clinic and offices, restaurant, sporting goods store and similar uses, but excluding any activity requiring motorized equipment, such as go-carts, motorcycles, or other mechanized vehicles.
SQUARE
A type of required green area in the TND-2 District that is subject to the Design Guidelines of § 450-48, Manual of General Design Guidelines.
[Added 12-10-2019 by Ord. No. 19-06]
STABLE
A. 
PRIVATEAn accessory building in which horses are kept for private use and not for hire, remuneration or sale.
B. 
PUBLICA building in which any horses are kept for remuneration, hire or sale.
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 8-11-2015 by Ord. No. 2015-01]
STEEP SLOPES
Those areas of land where the grade is 15% up to and including 25%. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be based on contour intervals determined by detailed topographical survey using aerial photogrammetry or actual field survey and shall be signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
[Added 6-12-2018 by Ord. No. 2018-03]
STEEPLY SLOPED AREAS
Areas comprised of any or all steep slopes or prohibitive slopes, as defined herein.
[Added 6-12-2018 by Ord. No. 2018-03]
STORY
That portion of a building located between the surface of any floor and the ceiling or roof next above it.
STREET
Any public street, avenue, road, square, alley, highway or other public place located in the Township of West Bradford and established for the use of vehicles, but shall not include state highways.
STREET CENTER LINE
The center of the surveyed street right-of-way or, where not surveyed, the center of the traveled cartway.
STREET LINE
A street line is the right-of-way line of a public street or the cartway line of a private street.
STREETSCAPE
The public space of the village within which buildings and structures are placed close to the street and features such as facades, porches, shopfronts, street trees, streetlights, sidewalks, picket fences, walls and awnings that contribute to a cohesive character.
[Added 12-10-2019 by Ord. No. 19-06]
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.[13]
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
[Added 8-11-2015 by Ord. No. 2015-01]
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 the West Bradford Township Zoning Code or 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. "Substantial change" may also include a certain size increase as defined by the FCC with regard to related equipment.
[Added 8-11-2015 by Ord. No. 2015-01]
SWIMMING POOL
A. 
PRIVATEAny reasonably permanent pool or open tank not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
B. 
PUBLICA public bathing place shall mean any open or enclosed place open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
TAPROOM
An accessory use to a brewery or craft distillery, as a place for the sale by the glass and consumed on the premises of alcoholic beverages produced onsite, with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object.
[Added 12-10-2019 by Ord. No. 19-06]
TASTING ROOM
An accessory use to a brewery or craft distillery, as a place for the consumption of spirits and/or beer produced onsite for the purpose of sampling for prospective purchase only. The quantity of any sample is not to exceed four ounces for malt, one ounce for wine, and 1 1/2 ounces for spirits.
[Added 12-10-2019 by Ord. No. 19-06]
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 ground based DAS facility structures. DAS hub facilities are also considered to be tower-based WCFs.
[Added 8-11-2015 by Ord. No. 2015-01]
TOWNSHIP
West Bradford Township.
TRACT
One or more lots assembled and presented as a single property for purposes of subdivision or land development.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
A context-sensitive form of development that is consistent with Article VII-A of the Pennsylvania Municipalities Planning Code, in which the scale and proportion emulates the spatial attributes of the Village of Marshallton, and is patterned with similar build-to lines (setbacks), front yards, side yards, building heights, first floor elevations of buildings, green areas, and diversity of these features.
[Added 12-10-2019 by Ord. No. 19-06]
TREE CANOPY
The extent of coverage of the uppermost layers of leaves on a tree.
[Added 6-12-2018 by Ord. No. 2018-03]
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree, in which no construction activity, fill, grading or storage of materials shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk of the tree to two feet beyond the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
[Added 6-12-2018 by Ord. No. 2018-03]
UNIFIED DEVELOPMENT
A development of land in accordance with Article V of this chapter.
UNSAFE STRUCTURE
An unsafe structure is one that has been found by a certified professional structural engineer or code official to be dangerous to the life, health, property or safety of the public or the occupants of the property by not providing the minimum safeguards necessary for the safe use of the structure or because such structure is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that a partial or complete collapse is possible.
VARIANCE
The permission granted by the Zoning Hearing Board following a public hearing that has been properly advertised as required by the appropriate municipal code for an adjustment to some regulation which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest and would maintain the spirit and original intent of this chapter.
VILLAGE GREEN
A type of required green area in the TND-2 District that is subject to the Design Guidelines of § 450-48, Manual of General Design Guidelines.
[Added 12-10-2019 by Ord. No. 19-06]
VILLAGE INN
A building or group of buildings containing from six to 20 guest rooms, designed for the temporary lodging of transient guests, provided that no guest room shall have cooking facilities of any kind. Such establishment shall furnish to the occupants customary lodging services such as maid service and the furnishing and laundering of linen. Eating and drinking facilities, primarily for use by guests, may be accessory to the village inn.
WATER BODY
Any natural or man-made pond, lake, wetland, impoundment, or watercourse. This shall not include any pond or facility designed and constructed solely to contain stormwater, or a swimming pool.
[Added 6-12-2018 by Ord. No. 2018-03]
WATERCOURSE
Any channel of conveyance of surface water having a defined bed and banks, such as a stream, river, brook, or creek, whether natural or artificial, with perennial, intermittent or seasonal flow. This shall not include any channel or ditch designed and constructed solely to carry stormwater.
[Added 6-12-2018 by Ord. No. 2018-03]
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added 8-11-2015 by Ord. No. 2015-01]
WETLAND or WETLANDS
Those areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ponds, lakes, and similar areas. Wetlands shall include any area so delineated by the National Wetlands Inventory of the United States Fish and Wildlife Service and all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection (PADEP) or the United States Army Corps of Engineers (ACE). In the event there is a conflict between the definitions of these agencies, the more-restrictive definition that defines the wetlands most expansively shall apply.
[Added 6-12-2018 by Ord. No. 2018-03]
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 8-11-2015 by Ord. No. 2015-01]
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 8-11-2015 by Ord. No. 2015-01]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
[Added 8-11-2015 by Ord. No. 2015-01]
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 8-11-2015 by Ord. No. 2015-01]
WOODLAND
A plant community covering an area of one acre or more, in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. The extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in such plant community. Woodland shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of "woodland" prior to timbering or disturbance. Woodlands do not include orchards or old fields. A woodland may also be termed a "forest."
[Added 6-12-2018 by Ord. No. 2018-03]
WOODLAND DISTURBANCE
Any activity which alters the existing structure of a woodland or hedgerow, which may include land disturbance, with the exception of a regulated forestry or timber harvesting activity and activities such as the removal of vegetation which creates hazardous conditions or the selective cutting or removal of invasive vegetation.
[Added 6-12-2018 by Ord. No. 2018-03]
YARD
The unobstructed open space around a building or structure on the same lot.
A. 
YARD, FRONTAn open, unoccupied space on the same lot with a building or structure, extending the full width of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured from the street right-of-way line to the nearest portion of the building or structure; the required setback line from a street right-of-way or street center line.
B. 
YARD, REARAn open unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured from the rear lot line to the nearest portion of the building or structure. A building or structure shall not extend into the required rear yard.
C. 
YARD, SIDEAn open, unoccupied space on the same lot with the building or structures situated from the nearest portion of the building or structure to the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building or structure shall not extend into the required side yards.
ZONING
The designation of specified districts within a community or Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING PERMIT
A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
ZONING OFFICER
The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
[1]
Editor's Note: The former definitions of "communication array" and "communication tower," which immediately followed this definition, were repealed 8-11-2015 by Ord. No. 2015-01.
[2]
Editor's Note: See art. XV, Wireless Communications Facilities.
[3]
Editor's Note: Said item is included as an attachment to this chapter.
[4]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[5]
Editor’s Note: The former definition of “group quarters,” which immediately followed this definition, was repealed 12-10-2013 by Ord. No. 2013-07.
[6]
Editor's Note: See 35 P.S. 6018.103.
[7]
Editor's Note: Appendix A.1 is included as an attachment to this chapter.
[8]
Editor's Note: The former definition of "mobile home unit," which immediately followed, was repealed 6-9-2020 by Ord. No. 2020-04.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See § 385-70C.
[11]
Editor's Note: See Ch. 65, Planning Commission.
[12]
Editor's Note: The former definition of "semi-independent elderly housing," which immediately followed, was repealed 6-9-2020 by Ord. No. 2020-04.
[13]
Editor's Note: The former definition of "support structure," which immediately followed this definition, was repealed 8-11-2015 by Ord. No. 2015-01.