[Ord. No. 247-2018, 9/17/2018]
Unless otherwise expressly stated, the words and phrases listed
in this Part shall be construed throughout this Chapter to have the
meanings indicated herein. 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; the word "used"
includes the words "designed, arranged, or intended to be used"; the
word "person" includes any individual, partnership, firm, association,
corporation, or organization; the word "occupied" includes the words
"designed or intended to be occupied"; the word "may" is permissive;
and the word "shall" or "must" is always mandatory. The word "Borough"
means Honey Brook Borough, Chester County, Pennsylvania; the term
"Council" means the Honey Brook Borough Council unless specifically
indicated otherwise; the term "Zoning Hearing Board" means the Zoning
Hearing Board of Honey Brook Borough; and the term "Planning Commission"
means the Planning Commission of Honey Brook Borough. The term "this
Chapter" means this Honey Brook Borough Zoning Ordinance. When terms,
phrases or words are not defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
[Ord. No. 247-2018, 9/17/2018]
the relinquishment of a use without intention to resume the said use as established under Part 11, Nonconforming Use Regulations.
"next to" or "adjacent to" and includes the words "directly
across from streets, natural features and rights-of-way."
a single dwelling unit, secondary to the principal dwelling
unit on a lot or parcel, for one family. Accessory dwellings are divided
into the following three types for the purposes of regulation herein:
a use, structure, or building on the same lot with, and of
a nature customarily incidental and subordinate to, the principal
use, structure, or building.
a drive, which may be paved, providing vehicular ingress,
egress, and/or circulation from a street to a parking lot or other
areas across a buffer, sidewalk, or other path.
the development of a new use for a building originally designed
or used for another purpose.
for purposes of this Chapter, agriculture shall include any
of the following uses:
Crop farming- the raising, harvesting and selling of crops,
including grains, vegetables and fruits, and all structures and activities
customarily associated with the activity.
Nursery (horticulture) - the outdoor raising of plants, shrubs
and trees for transplantation and for sale off the lot where the nursery
is located.
Greenhouse - a structure used for the indoor raising of plants,
shrubs, flowers and trees for transplantation and for sale off the
lot where the greenhouse is located.
Animal husbandry - the raising and keeping of livestock, poultry,
fur- bearing animals, bees, or similar activities, for any commercial
purpose, and all structures associated with any of these activities.
The keeping of livestock or poultry as farm pets or for domestic purposes
pursuant to the regulations of this Chapter shall not be construed
as animal husbandry.
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Rendering, defined as the melting of fat from bone or other
animal parts, is a use specifically excluded from agriculture.
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a minor way, which may or may not be legally dedicated, and
is used primarily for vehicular service access to the rear or side
of properties otherwise abutting on a street.
include, but are not limited to, the following:
All incidental changes or replacements in the nonstructural
parts of a building or other structure.
Minor changes or replacements in the structural parts of a building
or other structure, such as the following examples:
Alteration of interior partitions to improve livability in nonconforming
residential buildings, provided that no additional dwelling units
are created thereby.
Alteration of interior partitions in all other types of buildings
or other structures.
Making windows or doors in exterior walls.
As applied to a building or structure, a change or rearrangement
in the load-bearing and non-load-bearing structural members, resulting
in the extension of any side or an increase in height.
The moving of a building or structure from one location or position
to another.
a place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
the keeping of more than five (5) dogs or more than ten (10)
cats, or a combination of dogs and cats equaling more than seven (7)
animals, which are lost, strays, unwanted, unlicensed or unowned,
whether or not the shelter is for the purpose of eventual adoption
of the animals or whether the shelter is run as a for-profit or non-profit
operation, but not intended for the breeding of animals. Animal shelters
shall include animal rescue shelters or wildlife rehabilitation centers.
a landowner or developer who has filed an application for
subdivision or land development or for any zoning or building permit
that will result in land disturbance, including his heirs, successors
and assigns or the equitable owner of property with the owner's permission.
Applicants must either be the legal or beneficial owner or owners
of land subject to the application, including the holder of an option
or contract to purchase (whether or not such option or contract is
subject to any condition), a lessee if he is authorized under the
lease to exercise the rights of the landowner, or other person having
a proprietary interest in land.
the visible, functional, or ornamental objects accessory
to and part of buildings or structures.
any area of a property proposed for timber harvesting subject
to earth disturbance activities including tree harvesting, the construction
of skid trails and roads, logging roads, log landing areas and other
similar logging or silvicultural practices.
see "street."
housing consisting of private accommodations, including a
bedroom, kitchenette and locking bathroom for persons who require
assistance or supervision with activities of daily living, instrumental
activities of daily living, or both. Assisted living facilities offer
skilled nursing if needed. Such facilities are licensed under 55 Pa.
Code, Chapter 2800 by the Office of Long-Term Living.
any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of motor vehicle fuel or
accessories, and which may or may not include facilities for lubricating,
washing, or otherwise servicing motor vehicles, but which shall not
include painting or body and fender repairs, or the storage for sale
of new or used motor vehicles.
buildings and land, the principal use of which is the sales,
service, repair or rebuilding of automobiles, recreational vehicles,
or light trucks, including as a permissible accessory use the leasing
or renting of autos, recreational vehicles, utility trailers, and
light trucks.
any building wherein the primary occupation or use is concerned
with such businesses as banking, savings and loan associations, credit
unions, loan companies, mortgage companies, or investment companies,
without drive-through service. (For banking or financial institutions
with drive-through service, see "drive-through service".)
any area of the building having its floor subgrade (below
ground level) on all sides. A basement shall constitute a building
story if more than 33 & 1/3 percent of the perimeter walls have
five (5) feet or more of the walls above-grade and if the net area
of door and window openings in the exterior walls is at least equal
to ten (10) percent of the enclosed floor area. See also the definition
of "story."
a residential structure occupied by a resident innkeeper
for the temporary lodging of guests for compensation and for providing
those guests such lodging services as maid service and accessory eating
and drinking facilities limited to the serving of breakfast and/or
afternoon tea.
an earthen embankment that serves purposes such as retaining/detaining
the flow of surface water runoff, preventing soil erosion, or used
to aid in visual screening of incompatible land uses, most often by
supporting plant materials.
activities, facilities, measures, planning or procedures
used to minimize accelerated erosion and sedimentation and manage
stormwater to protect, maintain, reclaim, and restore the quality
of waters and the existing and designated uses of waters within the
Commonwealth before, during, and after earth disturbance activities.
see "off-premises advertising sign" within definition of
"sign."
property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Borough line or any combination thereof.
a building used for the housing of roomers, boarders, or
lodgers including dormitories or buildings of charitable, educational,
or philanthropic use.
any structure having a roof and enclosed walls, which is
used for shelter, housing, or enclosure of persons, animals or property,
affixed to the land, including mobile or manufactured homes.
a structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals and milk house. The term
includes a carriage house for the purpose of housing horses and storing
buggies. The term shall not include habitable space or spaces in which
agricultural products are processed, treated or packaged and shall
not be construed to mean a place of occupancy by the general public.
the ratio of the total ground floor area of all buildings
on a lot to the total lot area of the lot on which they are located.
Total ground floor area shall be measured from the outside face of
outside walls.
a building's vertical measurement from the mean level of
the ground surrounding the building to:
The highest point of the roof, in the case of a flat roof.
The mean height between eaves and ridge, in the case of a pitched
roof.
The highest point on any structure which rises wholly or partly
above the roof line, and whose area equals or exceeds twenty (20)
percent of the ground floor area of the building which supports it.
However, if a parapet wall is used to screen rooftop structures, and
if there is a flat or relatively flat roof, the building height shall
be measured from the highest point of the flat roof, excluding the
height of the parapet. The building height shall not include chimneys,
spires, towers, elevator and other unoccupied utility penthouses,
tanks, and similar projections.
an approval statement signed by the Zoning Officer authorizing
the construction, alteration, reconstruction, restoration, demolition
or razing of all or a part of any building, or land preparation in
conjunction with same, within the Borough.
a building in which is conducted, designed to be conducted
or intended to be conducted, the primary use of the lot on which it
is located.
an established line within a property defining the minimum
required distance between any building to be erected and the adjacent
right-of-way line of the street on which it fronts, to provide the
minimum front yard dimension specified in this Chapter. In the case
of an existing interior lot not fronting on a street for its entire
width, the building setback line shall be a line parallel to the street
right-of-way measured from the front lot line nearest the street,
defining the minimum distance in which no building may be constructed.
standards that control the height, density, intensity, building
and/or impervious coverage, and location of buildings and structures,
i.e., setbacks or yard requirements.
a principal use on a lot, and associated structures, on which
the operator provides mass transit service to the public to include,
ticket sales, transfers, short-term parking, and transit vehicle repair,
and including accessory uses such as a food stand.
the diameter of an unplanted or replacement tree measured
at six (6) inches above the ground or, if the diameter measured at
six (6) inches above the ground is greater than four (4) inches, then
the diameter shall be measured at twelve (12) inches above the ground.
a building, or portion thereof, where automobiles are commercially
cleaned or cleaned by the operator through self-service provisions
enabled through coins or tokens.
the portion of a street or right-of-way, paved or unpaved,
customarily used by vehicles in the regular course of travel over
the street.
a tree with cavities in which birds, mammals, or insects
such as bees may nest (also called den tree).
a burial place or graveyard, including a mausoleum, crematory,
or columbarium, in which human or animal remains are buried. A cemetery
may be operated, in accordance with the terms of this Chapter, as
a principal use or as a use accessory to agriculture, a church, or
a dwelling. The interment or scattering of remains of properly cremated
humans is not regulated by this Chapter.
a change in a building heretofore existing to a new use which
imposes other special provisions of law as outlined in this and other
applicable ordinances and regulations.
a nonprofit use of land or a building or group of buildings,
including customary accessory buildings, designed or intended for
public worship by twelve (12) or more persons at a time. Places used
for worship by fewer than twelve (12) persons at a time are not regulated
by this Chapter. For the purpose of this Chapter, "place of worship"
includes churches, chapels, cathedrals, synagogues, temples, mosques,
and similar designations as well as convent, or monastery, and a maximum
of one dwelling unit to house full-time religious leaders and their
relatives.
public areas of access within a development, including the
following:
Park — public natural preserve
available for unstructured recreation.
Green — public space designed
for unstructured recreation and community gatherings which is spatially
defined at least in part by landscaping and in part by buildings;
it includes paths, lawns, and trees.
Square — public space designed
for unstructured recreation and community gatherings which is spatially
defined by buildings and includes paths, lawns, and trees.
Playground — public space set
aside for organized recreation and play; it contains recreational
furniture and equipment approved by the Borough and/or playing fields.
a sustainable forest regeneration method of timber harvesting
that removes all the trees in a multi-acre area in a single cut to
mimic the creation of openings in the forest by natural disturbance.
an area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street rights-of-way, cartways, or center lines.
a building for use by an organization, comprised of members
and their guests, intended for meetings, recreation, and administrative
purposes not conducted for profit. The definition of club shall include,
but not be limited to, service and political organizations, labor
unions, and social and athletic clubs.
a use of land, or improvements thereon, for the purpose of
engaging in retail, wholesale or service activities for profit.
a commercial-residential conversion shall be the dividing
of existing commercial buildings, such as inns or hotels, into two
or more dwelling units with no more than three bedrooms per unit,
with the resulting units having independent kitchen, bath, and sleeping
facilities. The intent is to provide an alternative use for structurally
sound, larger, older buildings which may no longer be economically
viable as a single commercial use and which can provide an additional
living option for today's smaller family size.
a motor vehicle licensed by the Commonwealth in a class other
than Class I or Class II.
a building used for recreational, social, educational, and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by the public or nonprofit group
or agency.
the official public document of current adoption consisting
of maps, charts, and textual matter, that constitutes a policy guide
to decisions about the physical, social, and economic development
of the Honey Brook community; the Honey Brook Township and Borough
Multi-Municipal Comprehensive Plan, as adopted in 2015 and amended
from time to time.
a legal agreement between a property owner and an appropriate
conservation organization or governmental entity, through which the
property owner establishes certain use restrictions over all or portions
of the property for conservation purposes.
the construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of a mobile home.
See Life Plan Community.
A commercial use involving offices and/or supply shops providing
services and supplies relating to building, including cement, lumber,
heating, masonry, roofing, painting, and similar uses.
a retail use structure and associated facilities providing
convenience items and services to the general public, including but
not limited to the sale of food, beverages, personal care items, automotive
lubricants, and similar items, and automatic teller machine banking
facility. Fuel dispensing stations proposed with a convenience store
shall be separately regulated. See "Fuel dispensing station".
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.
see "lot, corner."
a use, licensed by the Commonwealth, characterized by a building
or structure containing a furnace for cremating human remains. Where
permitted under the terms of this Chapter, a crematorium may be a
principal use or an accessory use associated with the operation of
a funeral home.
a local street intersecting another street at one end and
terminated at the other end by a permanent vehicular turnaround.
a facility providing supervision of minors or special needs
adults by individuals other than family members for which a fee may
or may not be charged. A day care facility shall not provide overnight
accommodations. A day care facility shall not be a school as defined
by this Chapter, except as noted herein.
Adult day care — a use providing
supervised care and assistance primarily to persons who are intellectually
disabled, elderly, and/or physically challenged who need such daily
assistance because of their limited physical abilities, dementia,
or intellectual disability. This use shall not include persons who
need oversight because of behavior that is criminal or violent.
Child day care — a use involving
the supervised care of seven or more children under age sixteen (16)
outside of the children's own home primarily for periods of less than
eighteen (18) hours during the average day. This use may also include
educational programs that are supplementary to state-required education,
including a nursery school. Such use shall comply with all applicable
Federal and State laws. The care of children by their own relatives
is permitted without regulation by this Chapter.
Family day care — a type of day-care
use that provides care for four, five, or six children at one time,
in addition to children who are relatives of the caregiver, when permitted
by special exception as a limited impact home occupation.
the razing or destruction, whether entirely or in significant
part, of a building, structure, site, or object. Demolition includes
the removal of any building, structure, or object from its site, or
the removal or destruction of the facade or surface.
as applied to Class I or Class II Historic Resources, the
leaving open or vulnerable to vandalism or the absence of routine
maintenance or repair, including the extermination of wood destroying
insects, leading to structural weakness, decay, or deterioration of
the resource, resulting in a detrimental effect on its stability,
or structural integrity, and thereby compromising its viability for
reuse. Demolition by neglect includes ordinary negligence or willful
neglect, by the owner or any party in possession thereof, which results
in deterioration of exterior features as to create a hazardous or
unsafe condition, deterioration of exterior walls, roofs, chimneys,
or windows, the lack of adequate waterproofing, or deterioration of
foundations which could result in permanent damage.
the lot or tract area as defined by this Chapter divided
by the total number of dwellings to be housed thereon, expressed in
dwelling units (DU) per acre.
used to describe a freestanding structure which has yards
on all sides.
any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of mobile homes; streets and other paving, utilities;
filling, grading, and excavation; mining, dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
the harvest of all saleable trees above a certain diameter.
the cessation of the use of property evident from the continuous
lack of maintenance or occupancy.
the movement of water from an area by stream or sheet flow,
and removal of excess water from soil by downward flow.
a restaurant, bank, drug store or other use that provides
service to customers who remain seated in automobiles where customers
are served either through an exterior window in the establishment,
or directly to parked automobiles on the premises.
a privately owned, constructed and maintained vehicular access
from a street or access drive to only one or two dwelling units or
commercial, institutional, agricultural, or industrial principal uses.
a single habitable living unit occupied by only one family,
as defined in this Part. Each dwelling unit shall have its own toilet,
bath or shower, sink, sleeping area, stove, oven, and refrigerator,
and separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. No dwelling unit
shall include: (i) a separate living area that is completely separated
by interior walls so as to prevent interior access from the remainder
of the living area, or (ii) a second kitchen, unless specifically
permitted by this Chapter. Types of Dwelling units are as follows:
Single-family detached dwelling — one dwelling unit occupied by one family and which has yards on
all sides, is not attached to any other principal building and which
is located on one lot.
The term "single-family detached dwelling" shall be deemed to include a "sectional or modular home" which is designed for transportation after fabrication in one (1) or more units and constructed so that it must be assembled on a permanent perimeter foundation and which complies with the Borough Building Code [Chapter 5, Part 1].
Mobile (manufactured) home —
A type of single-family detached dwelling intended for permanent
occupancy and contained in one (1) unit or in two (2) units designed
to be joined into one integral unit, which is transportable and 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 is constructed so as to be used without
a conventional perimeter foundation. The terms "mobile home" and "manufactured
home" have the same meaning.
As opposed to a "sectional home," a "mobile/manufactured home" does not rest on a permanent perimeter foundation and under federal law is not required to meet the Borough Building Code [Chapter 4].
A group home, as defined by this Chapter, shall be deemed a
single- family detached dwelling.
Two-family dwelling (duplex or twin) — A building designed for and occupied exclusively as a residence,
containing two (2) dwelling units. A two-family dwelling may be either
a duplex with two (2) principal dwellings on separate floors occupying
a common yard or may be a twin with two (2) dwellings separated by
a vertical common or party wall, with each individual dwelling having
yards on all but the party wall side.
Multi-family — a residential building
containing three (3) or more dwelling units, including but not limited
to four-family dwelling (fourplex/quadraplex), townhouse (single-family
attached), and apartment buildings:
Four-family dwelling (fourplex/quadraplex) — a building containing four (4) dwelling units, each of which has
independent outside access, two (2) nonparallel walls in common with
adjacent dwelling units, and open space on two (2) nonparallel sides.
Townhouse dwelling — a single-family
attached dwelling unit with one (1) dwelling unit from ground to roof,
two (2) points of independent outside access, at least two other dwellings
built in conjunction herewith and any portion of one (1) or two (2)
unpierced vertical fire-resistant party walls common with an adjoining
dwelling, and having yards on at least two (2) sides. Townhouses may
be attached back-to-back or side-by-side.
Apartment dwelling — a building
or group of buildings all of which are owned by the same individual
or entity, on a lot with four (4) or more dwelling units used specifically
for residential purposes and originally constructed as such.
a construction or other human activity which disturbs the
surface of the land, including land clearing and grubbing, grading,
excavations, embankments, land development, agricultural plowing and
tilling, operation of animal heavy use areas, timber harvesting activities,
road maintenance activities, oil and gas activities, well drilling,
mineral extraction, and the moving, depositing, stockpiling, or storing
of soil, rock, or earth materials.
a permanent right-of-way granted for limited use of private
land, for a private, public or quasi-public purpose (e.g., utility,
drainage, public access, conservation).
a natural unit comprising living organisms and their interactions
with their environment, including the circulation, transformation,
and accumulation of energy and matter.
use of land or building(s) for the establishment and maintenance
of a public or private college, commercial or non-profit, secondary
or elementary school, or other educational institution for the primary
purpose of instruction and learning. A public or private non-profit
school shall be defined as an educational use that is not conducted
as a gainful business. A commercial school shall be defined as an
education use conducted for-profit as a gainful business.
A wall, fence, plantings, earth works, or combinations thereof,
which are arranged or placed so as to divert attention from, or obstruct
at least 50% of an otherwise clear view of a use or activity during
all seasons of the year, as outlined by this Chapter.
an accessory dwelling unit placed on a property for temporary
occupancy by an elderly, handicapped, or disabled individual (or caregiver
to same) related to the occupants of the principal dwelling by blood,
marriage, or adoption.
a building for the housing of emergency medical, fire or
police equipment and for related activities. A membership club may
be included. This may include housing for emergency personnel while
on call.
an addition to the floor area of an existing building, an
increase in the size of a structure or an increase in that portion
of a tract or lot occupied by an existing use.
any or all work necessary for the erection or construction
of any building or structure from a combination of materials which
form safe and stable structures.
an E&S permit required by the Pennsylvania Department
of Environmental Protection (PADEP) for earth disturbance activities,
including a timber harvesting operation that involves twenty-five
(25) acres or more of earth disturbance activity. PADEP may delegate
responsibility for issuance of an erosion and sediment control permit
to the Chester County Conservation District.
a site specific plan consisting of both drawings and a narrative
that identifies Best Management Practices (BMPs) to minimize accelerated
erosion and sedimentation before, during and after earth disturbance
activities. Such plan is required by the Pennsylvania Department of
Environmental Protection (PADEP) for timber harvesting operations
which propose to disturb more than five thousand (5,000) square feet.
PADEP may delegate responsibility for review and approval of an erosion
and sediment control plan to the Chester County Conservation District.
includes sewerage, water, gas and electric lines, and related
appurtenances used to serve development within the Borough, but not
including cross- country transmission lines or other utilities not
required to serve the Borough.
EV, or Exceptional Value, referring to a Special Protection
Waters designation issued by the Pennsylvania Department of Environmental
Protection for a watercourse or portion thereof.
the alteration of exterior features which can be seen from
a public street.
A single person occupying a dwelling unit.
Two (2) or more persons related by blood, marriage, or adoption
occupying a dwelling unit and maintaining it as a functional common
household.
A group home providing non-transient lodging for unrelated persons
with special needs requiring special care, functioning as a single
household unit and providing habilitative services in accordance with
Chapter 5310, "Community Residential Services for the Mentally Ill,"
of the Pennsylvania Code, Title 55, or any other State and Federal
program pertaining to the housing for developmentally disabled individuals
as regulated by the Federal Fair Housing Amendments Act.
Not more than four (4) unrelated persons occupying a dwelling
unit, living together as a single household unit, excluding a rooming
or boarding house, fraternity house, dormitory, or transitional housing.
the act of cutting a standing tree so that it falls to the
ground.
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh, masonry, or vegetation,
singly or in combination with other materials, two feet or higher,
erected to secure or divide a property from another, or part of a
property from the remaining part, to ensure privacy, to protect the
property so defined, and/or to enclose all or part of the property.
material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
a flagstaff designed and solely intended for the patriotic
display of the flag of the United States of America, or its armed
forces, the Commonwealth of Pennsylvania or any political subdivision
thereof, or the flag of a group or organization, or combination thereof,
and for no other purpose. A flag pole shall not include a standard
antenna, a standard antenna support structure, a commercial communications
antenna support structure, tower, antenna, or any other structure
designed, intended, or capable of supporting any other use or purpose.
floodplain area that has a 1-percent chance of occurring
in any given year, or more simply, the 1% annual chance flood.
the sum of the area of the several floors of a building or
buildings measured from the face of the exterior walls or from center
lines of walls separating two (2) buildings. In particular, floor
area includes, but is not limited to, the following:
Basement space, if it meets the requirement of a building story.
Elevator shafts, stairwells, and attic space (but only where
a floor has been laid) providing structural headroom of six (6) feet
or more.
Roofed terraces, exterior balconies, breezeways, or porches,
provided that over fifty (50) percent of the perimeter of these is
enclosed.
Any other floor space used for dwelling purposes, no matter
where located within the building.
the total floor area of a building on a given lot, divided
by the area of that lot. (For example, a building containing 15,000
square feet of floor area on a given lot of 10,000 square feet of
lot area has a floor area ratio of 1.5).
a unit of light intensity stated in lumens per square foot
and measurable with an illuminant meter, aka light meter.
any area defined as "woodland" herein or depicted as woodland
on the Biological Resources Map of the 2015 Honey Brook Township and
Borough Multi-Municipal Plan.
the extent of the uppermost leaf cover formed within any
woodland or forest by the crowns of trees.
the individual trees which collectively form the forest canopy.
the management of forests or woodlands when practiced in
accordance with accepted silvicultural practices, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development, and which maintains
the health and sustainability of forested land. Forestry shall include
Timber Harvesting. A woodland disturbance resulting in the conversion
of land for the growing of crops or raising of livestock shall not
be considered forestry but meets the definition of Timber Harvesting.
universally accepted activities that have positive effects
or minimize negative effects on the forest ecosystem. (See Best Management
Practices for Pennsylvania Forests, Penn State College of Agriculture.)
a plan submitted in conformance with the provisions set forth in Section 27-1028 of this Chapter which states a landowner's goals for his or her woodland, documents the forest's present condition, lists recommendations, and describes the desired forest condition, or how the forest should look in the future. It should also consider the types and sizes of trees, wildlife habitat, transportation layout, recreational opportunities, and financial returns. (For more information, see Forest Stewardship, Planning Your Forest's Future, Penn State Cooperative Extension, College of Agricultural Sciences, 2013.)
the length of a front lot line coinciding with a street line.
a portion of a building site dedicated to the retail sale
of motor vehicle fuel as part of a convenience store, or as part of
a supermarket or shopping center use, with sufficient land area for
adequate vehicular circulation and the delivery of bulk fuels by heavy
trucks.
attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
an establishment approved by the Pennsylvania Board of Funeral
Directors wherein a licensed funeral director conducts the professional
practice of funeral directing, including the preparation, care, viewing,
and funeral services for deceased humans. A funeral home shall not
include a cemetery, columbarium, mausoleum, or entombment.
an accessory structure or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
a building or portion thereof which is available to the general
public, designed or used for the storage of motor vehicles, but which
is not used for the repair or maintenance of motor vehicles.
the accessory use for the temporary display and sale of common
household goods and craft items on a residentially used property.
solid waste resulting from animal, grain, fruit, or vegetable
matter used or intended for use as food.
an energy generating system that uses the Earth's thermal
properties, in conjunction with electricity, to provide for the heating
and cooling of buildings.
a sensation of brightness within the visual field which causes
annoyance, discomfort, or loss in visual performance, visibility,
and/or the ability to focus the eye, so as to jeopardize health, safety,
or welfare.
the elevation of finished ground or paving which adjoins
a building or structure.
that floor area within a building, on all floors of such
building which are used for or related to a business establishment
or a use conducted within the building, including all private lavatories,
corridors, storage areas and other areas used to keep stock and inventory,
but excluding the following public or common areas: elevator shafts,
stairwells, first floor lobby, public lobbies, common mall areas,
public lavatories, storage area in the basement, and an room or area
dedicated to the heating plant, air conditioning equipment or other
utility areas necessary for the operation of the building.
the replenishment of water, contained in interconnected pores
located below the water table in an aquifer, from the infiltration
of precipitation, streams, lakes, or other water sources.
A group home consists of a maximum of five unrelated persons
occupying a dwelling unit if said occupants are handicapped persons
as defined in Title VIII of the Civil Rights Acts of 1968, as amended
by the Fair Housing Amendments Act of 1988. Such unrelated individuals
shall have the right to occupy a dwelling unit in the same manner
and to the same extent as any family as defined in this chapter. In
any case where an applicant seeking a zoning permit for a group home
requests a reasonable accommodation pursuant to the provisions of
the Federal Fair Housing Act, a written application shall be filed
with the Zoning Office who is hereby empowered to grant such accommodation
subject to the provisions of the Federal Fair Housing Act.
a method of regenerating an uneven-aged stand that removes
trees in a number of 0.1- to 1-acre areas to create openings in the
forest canopy. The larger the opening, the more likely that regeneration
of sun-loving (shade intolerant) species will develop and persist
in the openings.
a space in a building designed for living, sleeping, eating,
and/or cooking.
A road designed for use by trucks to transport harvested
timber from the log landing to a public road.
garbage, refuse, or sludge from an industrial or other waste
water treatment plant; sludge from a water supply treatment plant
or air pollution control facility; and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations, and from community activities, or a combination
of the above, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may do one of the following:
Cause or significantly contribute to an increase in mortality
or increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
Pertaining to nonwoody vegetation, such as grasses and wildflowers.
A structure that is at least fifty (50) years old and considered
a Honey Brook Borough historic landmark, which offers short-term overnight
lodging and meals to the general public for compensation and where
the owner is actively involved in daily operations, sometimes living
on site. Such inns could include restaurants serving at least one
meal in addition to breakfast, as well as providing overnight lodging
accommodations. Such restaurants may include full-service and could
be open to the general public. Limited social functions such as receptions
and private parties, with or without food service may also be provided.
Room numbers tend to range from six (6) to thirty (30).
any structure that is:
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.
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.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The Honey Brook Borough Historical Commission appointed to
administer the Historic Resources provisions of this Ordinance.
an activity conducted for profit by persons residing on the
premises that is clearly secondary to the existing residential or
agricultural use of the property. Home occupations are further divided
into the following two types for the purposes of regulation herein:
the combined area of Honey Brook Township and Honey Brook
Borough as described in the 2015 Honey Brook Borough and Borough Multi-municipal
Comprehensive Plan.
a building or group of two or more buildings located on a
lot held in single and separate ownership, designed, intended, and
used principally for providing sleeping accommodations to the transient
public in rooms or suites which may include a kitchen facility, and
which are provided with a daily maid service. The following ancillary
facilities may be provided as an integral part of a hotel, motel,
or inn; provided, however, that no gambling or electronic gambling
devices shall be permitted; restaurant, meeting rooms, banquet facilities,
and shops for the sale of books, papers, magazines, clothing and sundries
to guests; recreation facilities for use only by registered guests,
such as a swimming pool, exercise area or room; and similar ancillary
facilities commonly accessory to a hotel, motel, or inn.
HQ, or High Quality, referring to a Special Protection Waters
designation issued by the Pennsylvania Department of Environmental
Protection, for a watercourse or portion thereof.
the floodplain area specifically identified in this Chapter
as being inundated by the 1% chance annual flood.
the quantity of light measured in footcandles or lux.
a surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to: structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, tennis or other paved
courts; or athletic playfields comprised of synthetic turf materials.
The impervious surface ratio is a measure of the intensity
of use of a piece of land. It is measured by dividing the total area
of all impervious surfaces within the site by the gross tract area.
an appurtenance developed by human design including, but
not limited to, buildings, structures, objects, landscape features,
and manufactured units, including by way of example mobile homes,
boats, docks, carports, storage buildings, utilities, and driveways.
The use of land, building or structure for the purpose of
breeding, training, or grooming customary household pets for compensation,
or the maintenance of more than five (5) dogs that are more than six
(6) months old. For regulatory purposes, "kennel" shall also include
nonprofit animal shelters and boarding kennels. For the purposes of
this Chapter, a kennel will be considered commercial or non-commercial
if the number of dogs meets the definition of a commercial or non-commercial
kennel under the Pennsylvania Dog Law and the regulations thereunder.
any of the following activities:
The improvement of one (1) lot or two (2) or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two (2) 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.
The division or allocation of space, whether initially or cumulatively,
between or among two (2) or more existing or prospective occupants
by means of, or for the purpose of, streets, common areas, leaseholds,
condominiums, building groups or other features.
A subdivision of land.
The definition of land development shall not include the following
activities:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three (3)
residential units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
any activity which exposes soils, alters topography, and/or alters vegetation. A timber harvesting operation conducted in accordance with the provisions of Section 27-1028 shall not be separately regulated as a land disturbance. In addition, the following activities shall not be regulated as land disturbance but shall nevertheless be undertaken in a manner such that disturbed areas shall be stabilized with suitable vegetation and shall not be left bare:
Customary agricultural practices such as tilling, plowing, mowing,
and harvesting;
Customary landscaping practices such as mowing, planting, trimming;
Removal of hazardous or invasive vegetation.
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Notwithstanding the above, clearing of woodlands, where proposed
to prepare soil for the production of crops, may meet the definition
of "timber harvesting".
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the legal or beneficial owner or owners of land, including
for purposes of this Chapter the holder of an option or contract to
purchase (whether or not such option or contract is subject to any
condition), a lessee if he is authorized under the lease to exercise
the rights of the landowner, or other person having a proprietary
interest in land.
the planting of turf-grass or other appropriate ground cover
in all open areas of the lot, and in addition, the planting of evergreen
and deciduous trees, and shrubs, including the maintenance thereof,
for the control of erosion, retention of precipitation, protection
against the elements, promotion of human comfort, and otherwise protecting
the public health, safety, and welfare.
a commercial premises equipped with individual clothes washing
and/or drying machines for the use of customers.
a residential complex designed and operated for mature adults,
which meets the definition of "housing for older persons" as set forth
in the Fair Housing Amendments Act of 1988, as amended, (42 U.S.C.
Section 3601 et seq.) that allows residents to age in place by including
independent living, assisted living, personal care, and skilled nursing
facilities. A life plan community shall consist of at least two of
the following three components: a skilled care or skilled nursing
facility licensed by the Commonwealth of Pennsylvania; an assisted
living facility licensed or not by the Commonwealth of Pennsylvania;
and independent living housing units requiring no state-issued license.
With the exception of those of any age suffering from senile dementia
and Alzheimer's disease, a continuing care development shall not include
any facility providing housing, custodial, treatment, habilitative
or rehabilitative services to those afflicted with drug or alcohol
addiction or dependence, mental illness or emotional illness or for
those detained for, charged with, or convicted of any act punishable
under any State or Federal penal statute or detained, adjudicated
delinquent or dependent under any juvenile code.
see "Home occupation".
the uppermost layer of the forest floor consisting chiefly
of decaying organic matter.
horses, cattle, sheep, or other large domestic animals kept
or raised for agricultural purposes.
a structure that consists of a principal retail or commercial
(i.e., neither a home occupation nor a non-residential) use, where
clients or customers are served, that is located in the front of the
structure's first floor, or in its entire first floor. The remaining
space is comprised of a single residential unit that is intended to
be occupied by the retail or commercial business operator. Live-work
units may be attached to each other.
a space, accessible form a street or accessway, in a building
or on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
the area at the end of a skid road where harvested timber
is stored or prepared for transport from the woodlot.
cutting tops and slash into smaller pieces to allow the material
to settle close to the ground.
a designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
the area of land contained within the limits of the property
lines bounding a lot, as shown on a deed, survey, plot, subdivision
or land development plan, excluding any portion of a lot included
in street and railroad rights-of-way.
the minimum area of lot or tract formed by property lines
required by the Zoning Ordinance for any specified use.
the gross area of the lot, but excluding all of the following
conditions or features:
Any area within an easement established for gas, oil, natural
gas, electric, or communications transmission facilities, whether
below or above ground, that do not exclusively serve the lot traversed.
Any area within an easement or right-of-way established for
a driveway that does not serve the lot traversed.
Any area within an easement established for water supply or
wastewater facilities that do not serve the lot.
Any area of prohibitive slope regulated by the Steep Slope Conservation regulations of § 27-804.
Any area lying within the Flood Hazard District and regulated by § 27-802.
Any area regulated by the Riparian Buffer Conservation Regulations of § 27-805.
Any area designated as a wetland, lake or pond, except where
such area already is excluded under subparagraph 6 above.
Any accessway or right-of-way connecting a flag lot to a street,
except where the access strip is of sufficient size to comply with
the area and bulk requirements for a separate lot in the applicable
zoning district
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In addition, the lot area shall be contiguous and shall not
be divided completely by any of the above-cited features, with the
exception of easements described in subparagraphs 1 and 3 above that
are for underground facilities. Unless otherwise indicated, all references
to "minimum lot area" as required for each zoning district shall reference
this definition.
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a lot bounded by two (2) or more intersecting streets, or
at the point of abrupt change in direction of a single street, the
interior angle of which is not greater than one hundred thirty-five
(135) degrees.
the percentage of the lot area that is fully covered by impervious
surfaces.
the distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
a lot extending between and having frontage on two (2) generally
parallel streets.
a lot which does not adjoin a street but is connected thereto
by an access strip of required minimum width.
a lot other than a corner lot whose sides do not abut a street.
a lot which is surrounded on all sides by one or more lots
and does not have a street connection or does not abut a street.
any property boundary or a lot line dividing one lot from
another or from a street or any public space, except that, in the
case of any lot abutting a street deemed to be the same as the street
line, the lot line shall not be the center line of the street, or
any other line within the street line even though such may be on the
property boundary line in a deed. Any lot line neither a rear lot
line nor a front lot line shall be deemed a side lot line.
the lot line abutting any street and coinciding with any
street right- of-way line. In the case of a corner lot, each street
on which the corner lot abuts shall be considered a front lot line.
a lot line opposite and most distant from the front lot line;
if the rear lot line is less than ten (10) feet in length, or if the
lot forms a point at the rear, the rear lot line shall be deemed to
be a line ten (10) feet in length within the lot, parallel to and
at the maximum distance from the front lot line. In the case of a
corner lot, any lot line that is not a front lot line nor a side lot
line.
any lot line not a front or rear lot line; in the case of
a corner lot, any lot line that intersects a front lot line shall
be considered a side lot line.
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.
a lot which does not conform to the minimum width, depth,
or area dimensions specified for the district where such lot is situated
but was lawfully in existence at the time of enactment of this Chapter
or a prior zoning ordinance, or is legally established through the
granting of a variance by the Zoning Hearing Board.
a lot of record that exists at the time of application for
approval of a particular subdivision and from which one or more new
lots are proposed to be created.
a lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the local street.
the horizontal distance, in feet, between side lot lines,
or between the side lot line and the front lot line in the case of
a corner lot, measured at either the building setback line or the
street line, and parallel to the street line.
the lowest floor of the lowest enclosed area (including 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 the applicable non-elevation design requirements of this Chapter.
Unit used to express the light output of a lamp or fixture.
The number of lumens striking a square foot of task area determine
the footcandle level (lumens per square foot).
A unit of light intensity stated in lumens per square meter.
There are approximately 10.7 lux per footcandle.
establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, creation of products, and blending of materials,
such as lubricating oils, plastics, resins, or liquid.
an office or clinic for the practice of medicine and treatment
of persons as outpatients by physicians or licensed medical specialists
as a group for medical, dental, or eye care, and any laboratories
incidental thereto.
panels with rotors with diameter one foot or less, meant
for areas with low-to-moderate wind speeds.
the area of a lot that has no development restrictions. The
minimum buildable area shall not include the area of any required
setbacks (except driveways and parking areas which cross yards), buffer
yards, and natural resources.
see "quarrying."
storage units provided for lease to the public for the purpose
of storage of personal property generally stored in residential structures
and in which each storage unit has direct access from the outside.
the use of a building or lot for two or more principal uses.
a parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placements thereon of mobile homes for non-transient use.
a parcel (or contiguous parcels) of land divided into two
or more lots, for rent or sale, for the placement thereon of mobile
homes or manufactured homes.
any building, structure, facility, complex, area, or use,
provided, constructed, or maintained by the municipal government of
the borough and its authorities.
the Pennsylvania Municipalities Planning Code, 53 § 10101
et seq., as amended. Also known as "Act 247."
plants that are indigenous and original to the specific area
or region (the Delaware Valley) and are most appropriate for planting
as a result of their adaptation to regional environmental conditions
including climate, soils, topography, winds, precipitation, wildlife
and other living organisms.
the replacement of one forest stand by another through natural
seeding or sprouting.
see "Home occupation".
any sign legally existing at the effective date of this Chapter that does not conform in use, location, height, or size to the sign regulations of Part 9, "General Regulations."
a use of land, or improvements thereto, for uses other than
those for residential purposes, including, but not limited to, commercial,
industrial, and institutional.
plant material that is undesirable or offensive due to unsightliness,
threats to health, or prolific and uncontrollable growth. For purposes
of this Chapter, noxious vegetation shall include, but not be limited
to, ragweed, multiflora rose, Canada thistle, Japanese honeysuckle,
oriental bittersweet, and other such vegetation as shall be determined
by the Pennsylvania Department of Agriculture.
land or greenhouses used to raise flowers, shrubs, trees,
and/or other plants for commercial purposes.
any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area,
which may impede, retard, or change the direction of the flow of water
either in itself or by catching or collecting debris carried by such
water, or which is placed where the flow of the water might carry
the same downstream to the damage of life and property.
a use that involves administrative, clerical, financial,
governmental, or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical or dental offices, clinics
or laboratories, photographic studios, and/or television or radio
broadcasting studios.
an area undergoing natural succession characterized by the
presence of herbs, shrubs, and small trees (seedlings) whose branches
do not form a complete or nearly complete aerial canopy.
land or an area of water or a combination of land and water
legally preserved in perpetuity and intended for the use and enjoyment
of the residents of a development.
Common open space shall be free of buildings, except for recreational
and utility buildings specifically approved by the Council as part
of an initial development plan.
Common open space shall not include street rights-of-way, private
streets, any yard or other area required to meet a requirement for
an individual building lot or off-street parking areas except for
parking areas clearly needed to serve the permitted uses within the
open space area.
Common open space may include both active and passive recreational
uses such as tennis courts, basketball courts, play equipment, golf
courses and putting greens, swimming pools, trails, exercise stations,
or other similar uses that do not primarily involve buildings.
a parcel or parcels of land or an area of water, or a combination
of land and water, within a subdivision or land development, set aside,
designed and managed for the protection of open space features, including
but not limited to farmland, scenic views, historic resources, natural
areas and recreational areas, subject to an approved Open Space Management
Plan.
an outdoor patio area of an associated restaurant or tavern
used for the express purpose of furnishing food and beverages to the
public to be consumed on the premises, and directly abutting and on
the same lot as the principal building in which the associated restaurant
or tavern, licensed by the Pennsylvania Liquor Control Board pursuant
to the regulations of the said Board (40 Pa.Code § 7.21
et seq. or successor regulations) to conduct business on the above-mentioned
premises, is located.
the temporary and seasonal establishment within a defined
open area of booths and portable enclosures, defined as temporary
structures, specifically designed and intended for display and retail
sale of "home-grown" or "home-made" food, flowers, plants, non-alchoholic
beverages, clothing, crafts, dry goods, holiday decorations, and other
merchandise, and offered to local residents on a one-day per week
basis.
the Pennsylvania Department of Environmental Protection.
the Pennsylvania Department of Transportation, also known
as "PennDOT," or its successor, and its subparts.
a space located off the public right-of-way designed and
designated for parking a single motor vehicle.
a parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
areas, excluding buildings, surfaced with concrete, paving
brick, bituminous, or other such material, to create a dustless, all-weather
surface.
see "use, permitted by-right."
individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided, that "person" does not
include or apply to the Borough or to any department or agency of
the Borough.
a single-family detached dwelling designed to provide a safe,
humane, comfortable and supportive residential setting for eight (8)
or more adults who do not require the services in or of a licensed
skilled nursing facility, but who do require some assistance or supervision
with activities of daily living, instrumental activities of daily
living, or both. Personal care homes are licensed by the PA Department
of Welfare.
an establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any adult uses.
a private or public organization that is organized and operated
for the purpose of providing a service without profit. Such use shall
include, for example, an institution or foundation that distributes
grants or services to other agencies. The nonprofit status of the
organization shall be based on its recognition as such by the Internal
Revenue Service.
any combination of two or more principal uses on a single
lot or tract within the MUC - Mixed Use Commercial District, whether
individually permitted by right special exception, or conditional
use, and including shopping center, live-work units, commercial or
office uses with apartments on upper floors, but excluding mobile
home park. Such uses are planned and designed as a complex of related
structures, common areas, unifying architecture and site design, and
circulation patterns, and designed, constructed, or managed as a total
entity with customer, employee, and/or resident parking provided on-site
and with provision for delivery of goods separate from customer access.
any combination of two or more residential dwelling unit
types and accessory uses on a single lot or tract within the MUR -
Mixed Use Residential District. A planned mixed use residential development
may also include non-residential uses, subject to the applicable provisions
of this Chapter. A planned mixed use residential development is planned
and designed as a unified development of related structures and amenities,
common open space, and vehicular and pedestrian circulation patterns.
a combination of deciduous (leaf-shedding) and evergreen
plantings intended to provide an effective screen throughout the year.
See also, "effective screen."
a non-flushing toilet that retains and chemically treats
sewage in a retaining tank and is constructed to facilitate ultimate
disposal of the sewage at another site.
where at least fifty-one (51) percent of the actual cash
value of a structure, less land value, is above ground.
A forester meeting one of the following requirements:
Possessing at least two (2) years of technical forestry experience
and an associate's degree in forest technology, forestry, forest management,
forest ecosystem management, urban forestry, forest science, agroforestry,
or similar course of study.
Possessing a bachelor's or master's degree in forest technology,
forestry, forest management, forest ecosystem management, urban forestry,
forest science, agroforestry, or similar course of study.
Possessing a bachelor's or master's degree in wildlife biology,
botany, or plant ecology.
Those areas of land where the grade is greater than twenty-five
(25) percent. 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 (3) or more two (2) foot contour
intervals [six (6) 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.
includes all outdoor places owned by or open to the general
public and all buildings and enclosed places owned by or open to the
general public, including such places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members, whether open to the public or to patrons
invited to attend, whether or not an admission charge is levied.
a formal meeting held pursuant to public notice by the Council
or Zoning Hearing Board, intended to inform and obtain public comment
prior to taking action.
notice published once each week for two (2) successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of any hearing or meeting and the particular
nature of the matter to be considered at the hearing or meeting. The
first publication shall not be more than thirty (30) days and the
second publication shall not be less than seven (7) days prior to
the date of the hearing or meeting.
electric substations, pumping stations, telephone exchanges,
repeater stations, and other facilities, public service facility equipment
and structures necessary for conducting a service by a government
or a public utility.
telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures, and other related apparatus necessary
for conducting a service by a government or a public utility.
a sewage facility operated by the Northwestern Chester County
Municipal Authority or its successors.
wine sampling by the general public.
any building, structure, facility, complex, or area used
by the general public or which provides a service to the public, whether
constructed by a state, county, or municipal government agency, or
any private individual, partnership, association, or corporation.
a building owned and operated by any utility authorized to
operate a public utility facility, as that term is defined herein.
a facility owned and operated by an electric company, water
company, sewage disposal company, telephone company, cable television
company, gas company, pipe line company or similar legal entity owning
or operating equipment or facilities for transmitting, distributing
or conveying natural gas, electricity or steam for the production
of light, heat or power through and outside the Borough to or for
the public for compensation; pumping, distributing or furnishing water
to or for the public for compensation; transporting passengers or
property as a common carrier; transporting or conveying natural gas,
crude oil, gasoline or petroleum products, materials for refrigeration,
oxygen or nitrogen or other fluid substance, by underground pipeline
or conduit, for the public for compensation; conveying or transmitting
messages or communications by telephone or telegraph for the public
for compensation, except as herein otherwise excluded; and sewage
collection, treatment or disposal for the public for compensation;
provided, however, that such facility shall not include a sewage treatment
plant, power generation plant for the production of natural gas, electricity,
steam or any similar facilities, buildings or structures designed
and intended to produce or generate any such products or services,
or administrative offices of such entity, whether publicly or privately
owned. The term also does not include any facility of a person, corporation
or other legal entity not otherwise a public utility, who or which
furnishes service only to himself or itself; any facility of a person,
corporation or other legal entity who or which furnishes mobile domestic
cellular radio telecommunications service; any cooperative association
which furnishes service only to its stockholders or members on a nonprofit
basis; any producer of natural gas not engaged in distributing such
gas directly to the public for compensation; any building or facility
owner/operators who hold ownership over and manage the internal distribution
system serving such building or facility and who supply electric power
and other related electric power services to occupants of the building
or facility. Provided, however, that in any instance where the use
regulations of a particular zoning district do not permit a public
utility building, the provisions of § 619 of the Pennsylvania
Municipalities Planning Code, 53 § 10619, shall apply. Provided,
further, that "essential utilities," as defined in this Section, shall
be permitted in all zoning districts.
a system which is owned by a public utility or municipality
which has at least fifteen (15) service connections or regularly serves
an average of at least twenty-five (25) individuals daily for at least
sixty (60) days per year. The term includes: (a) any collection, treatment,
storage, and distribution facilities that are under the control of
the operator and used in connection with the system; (b) collection
or pretreatment storage facilities not under control of the operator
but which are used in connection with the system; (c) a system which
provides water for bottling or bulk hauling for human consumption.
any or all work needed to remake or rebuild all or a part
of any building to a sound condition, but not necessarily of original
materials.
those recreational uses which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to playgrounds, ball courts
and swimming pools, excluding amusement parks.
a gainful activity or business, open to the public for the
purpose of public recreation or entertainment including, but not limited
to, bowling alleys, motion picture theaters, health clubs, driving
ranges, and miniature golf courses.
recreational pursuits which can be carried out with little
alteration or disruption in the area in which they are performed.
Such uses include, but are not limited to, hiking, biking, and picnicking.
land and/or facilities that are owned by a government agency
or the Borough and are available for use by the general public for
noncommercial leisure and recreation.
the use of a building or part thereof for indoor entertainment
or sports, which may be operated as a commercial venture, such as
bowling, pinball and video games, pool tables, movie theaters, playhouses,
tennis, racquetball, squash, indoor basketball, indoor swimming, or
similar indoor uses, but excluding target shooting or any other activities
that create loud noises or may be dangerous or disturbing to surrounding
residents.
an outdoor facility and associated structures designed and
equipped for the conduct of sports and leisure time activities, which
may be operated as a commercial venture, including swimming, tennis
and other court games, baseball and other field sports, playground
and other similar outdoor activities, but excluding amusement parks,
go-cart tracks, shooting ranges and other activities which generate
noise objectionable to a residential environment.
a vehicle, boat, boat trailer, or other piece of equipment,
whether self-powered or designed to be pulled or carried, intended
only for leisure time or recreational use and which is (i) built on
a single chassis; (ii) not more than 400 square feet, measured at
the largest horizontal projections; (iii) designed to be self- propelled
or permanently towable by a light-duty truck; and (iv) not designed
for use as a permanent dwelling, storage facility, animal shelter,
or accessory building but as temporary living quarters for recreational,
camping, travel, or seasonal use. Recreational vehicles or units include
snowmobiles, minibikes, all-terrain vehicles, go-carts, boat trailers,
travel trailers, truck-mounted campers, motor homes, folding tent
campers, boats, autos, buses or trucks adapted for vacation use, and
other vehicles not suitable for daily conventional family transportation.
a business that accumulates material such as paper, glass,
aluminum, and plastic that is no longer useful for its original purpose.
The materials are then transported off the premises to be manufactured
into a new product. A place for the collection and storage of materials
suitable for recycling into usable products of the like, kind and
quality of the materials collected.
man-made debris, including tires, oil cans, equipment parts,
and other rubbish.
a cutting method designed to promote and enhance natural
establishment of trees. Even-aged stands are perpetuated by seed tree,
shelterwood and clearcutting methods. Uneven-aged stands are perpetuated
by selecting individual or small groups of trees for removal. Five
requirements must be considered prior to making a regeneration cut:
Abundant advanced regeneration (seedlings and sprouts) should
be present on the forest floor, or there should be ample seed in the
forest floor litter that can germinate after the overstory is removed;
Seedlings and sprouts should be well-distributed;
They should be desirable species;
Vegetation that will inhibit the growth and development of seedlings
and sprouts should be controlled;
Seedlings and sprouts should be protected from over-browsing
by white-tailed deer.
An energy system which makes use of recurring natural resources
or by-products to produce energy without consuming non-renewable resources
nor causing significant disturbance to natural systems. Renewable
energy systems include, but are not limited to: geothermal, solar,
and wind energy systems; as well as manure digesters and outdoor wood-fired
boilers (OWBs). Such systems are usually independent of the primary
utility supplied energy system but may be connected thereto.
for the purposes of this Chapter, an individual space offered
for rent or lease within a motel, hotel, rooming house, tourist home,
institutional home, dormitory, or in a professional or commercial
office building.
any or all work involving the replacement of existing construction,
work, or features with the same material for the purpose of maintenance
and upkeep only, but not including any addition, removal, change,
or modification in any construction or existing features.
a use of land, or improvements thereto, for a home, abode,
or place where an individual is actually living at a specific point
in time.
the following types of restaurants are addressed by this
Chapter:
Restaurant — an establishment
that sells ready-to-eat meals to the public which are clearly primarily
consumed within the building or the place of business, and where waiters
and/or waitresses serve the clear majority of non-buffet food and
beverages is served to patrons while the customers are seated. Unless
otherwise stated, such restaurant shall not include a drive-through
lane.
Restaurant with take-out service — a restaurant that also involves accessory service to customers who
consume the food off-premises. Unless otherwise stated, such restaurant
shall not include drive-through service.
Fast-food restaurant — a restaurant
that sells ready-to-eat meals to the public and which does not meet
the definition of a "restaurant" in paragraph 1, above. This use typically
involves customers making orders at an inside window or service area
or cafeteria line, with the food consumed either at seating areas
within the building or off the premises, and which typically involves
customers eating the food outside of the building relatively frequently.
Restaurant with drive-through service — a restaurant that includes service to customers remaining seated
in automobiles, either through an exterior window or service area
or through service to parked automobiles.
Food stand — a place (including,
but not limited to, a snack bar, dairy bar, or hamburger or hot dog
stand) where customers are served ready-to-eat food at an exterior
window or service area and where no inside seating facilities are
provided and/or which primarily involves the off-site delivery of
meals to the homes or businesses of customers.
any or all work connected with the returning to or restoring
of a building or a part of any building to its original condition
through the use of original or nearly original materials.
a use in which merchandise is sold or rented to the general
public, but not including the following: adult movie theater; adult
bookstore; manufacturing; tavern; car wash; auto/truck fuel sales;
auto/truck/boat or other motor vehicle sales, service, or repair;
convenience store; or any restaurant. The term includes retail uses
whose merchandise sales of consumable fresh foods, prepared foods,
and dry food ingredients total less than twenty (20) percent of the
store's total gross annual sales.
the surface of and space above and below any real property
in the Borough in which the Borough or Commonwealth 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, or any other public place, area, or property under the control
of the Borough or Commonwealth, and any unrestricted Borough or Commonwealth
owned easements established, dedicated, platted, improved or devoted
for utility purposes, but excluding lands other than streets that
are owned by the Borough or Commonwealth. The phrase "in the right(s)
of way" means in, on, over, along, above and/or under the right(s)-of-way.
belonging or related to the bank of a water body.
a vegetated area, including trees, shrubs, and herbaceous
vegetation, adjacent to a water body.
a riparian buffer that consists predominantly of native trees,
shrubs and/or herbaceous plants that provide a minimum of sixty (60)
percent uniform canopy coverage.
an educational use primarily for persons between the ages
of five (5) and nineteen (19), operated by the Twin Valley School
District or its lawful successors, including public elementary/middle
or secondary school; or similar educational facility for academic
instruction, but excluding: (A) private vocational or similar adult
trade school or training center; (B) therapeutic, rehabilitative,
or correctional institution; and (C) any residential facility or use.
an educational use primarily for persons between the ages
of five (5) and nineteen (19), properly certified by the Commonwealth
of Pennsylvania, including college; public elementary/middle or secondary
school; or similar educational facility for academic instruction,
but excluding: (A) private vocational or similar adult trade school
or training center; (B) therapeutic, rehabilitative, or correctional
institution; and (C) any residential facility or use.
a facility that is primarily intended for education of a
work-related skill or craft or a hobby, and that does not primarily
provide state-required education to persons under age eighteen (18);
may include, e.g., dancing school, martial arts school, or ceramics
school.
refers to wetlands that have water at or near the surface
only during periods of abundant rainfall or snow melt.
a self-contained dwelling unit, resulting from the conversion
of or addition to an existing single-family detached dwelling into
two units. An accessory dwelling shall be complete with kitchen and
bath facilities and have direct access to the outdoors or to a hall
from which there is direct access to the outdoors.
a tree left standing for the sole or primary purpose of providing
seed.
A method of regenerating an uneven-aged stand in which trees
singly or in small groups are removed for the purpose of regeneration.
A well-designed selection cut removes trees of lesser quality and
trees in all diameter classes along with merchantable and mature,
high-quality timber.
the removal of high-quality trees singly or in small groups
based on a minimum diameter limit. Selective cutting often equates
to high-grading and can compromise the quality of the future stand.
any substance that contains any of the waste products or
excrementitious matter or other discharge from the bodies of human
beings or animals and laundry, bathroom, and kitchen waste water.
a sustainable forest regeneration method of timber harvesting
that leaves a large number of trees standing long enough to establish
and protect "advanced regeneration" sites until the seedlings and
saplings are well established. After regeneration is well established,
the sheltering trees are harvested, permitting the advanced regeneration
to occupy the site fully.
a mixed use commercial development containing three (3) or
more retail uses located in one building or on a single lot and preplanned
and designed as a complex of related structures and circulation patterns.
Such criteria shall also apply to any single proposed retail use more
than 20,000 square feet in gross floor area.
see "yard, side."
see "yard line."
The maximum extent of unobstructed vision (in a vertical
or horizontal plane) along a street from a vehicle located at any
given point on the street.
any permanent or temporary device, structure, fixture, painting,
emblem, or visual that includes any letter, word, number, symbol,
graphic, color, or illumination for the purpose of communicating a
message. This includes, but is not limited to, signs that are an advertisement,
announcement, visual communication, or direction, or those that are
designed to attract the attention of the public. National flags, flags
of political subdivisions, or symbolic flags of any business or institution,
or cornerstones built into a wall of a building shall not be considered
as signs for the purpose of this Chapter.
Abandoned sign — a sign erected
on or related to the use of a business, service, owner product, or
property, which becomes vacant and unoccupied for a period of three
months or more, or any sign which relates to a time, event, or purpose
which is past.
Awning sign — a sign that is part
of or attached to an awning or other fabric, plastic, or structural
protective cover over a door, entrance, window, or outdoor service
area. An awning without lettering or other advertising shall not be
regulated as a sign.
Banner — a temporary sign having
characters, symbols, design, or letters applied to paper, plastic,
fabric, or similar flexible materials which are durable and weather
resistant.
Changeable Copy Sign — a sign
or portion thereof on which the copy or symbols change through the
manual placement of letters or symbols on a panel mounted in or on
a track system.
Construction/Development Sign — a temporary sign intended to display the name of the project and/or
the contractor, architect, engineer, financier, or similar information
pertaining to the project.
Digital Display — the portion
of a sign message made up of internally illuminated components capable
of changing the message periodically. Digital displays may include
but are not limited to LCD, LED, or plasma displays.
Directional sign — a sign indicating
direction, entry or exit, loading or service area, fire lanes, parking,
no trespassing, or similar information for pedestrian or vehicular
traffic into, out of, or within a site.
Directory sign — a sign identifying
two or more persons, agencies or establishments located in a place
or location common to those entities.
Double-faced sign — a sign which
displays a message, information, or advertising on both faces, and
sides, of the sign.
Electronic changeable face sign — a sign or portion thereof which can be electronically changed or
rearranged without altering the face of the surface of the sign. This
shall also include time and/or temperature messages.
Freestanding sign — a sign supported
by structures or supports that are placed on or anchored in the ground,
and are independent from any building or structure.
Ground sign — a type of permanent
freestanding sign located directly on, and affixed to, a base structure.
Ground signs are also known as monument signs.
Hanging sign — a sign which hangs
by chain rope or similar means from the cornice of a roofline of a
building, frequently from a porch over an entranceway.
Identification sign — a sign identifying
a rural occupation, home occupation or identifying the use of a property
with a name and/or logo, but has no advertisement.
Illuminated sign, direct — a sign
which is designed to be illuminated by artificial light from a source
adjacent to or outside of the sign in such a manner that the source
of the light is not directly visible from the street or any other
intended vantage point of the sign.
Illuminated sign, indirect — a
sign which is designed to be illuminated by light from within the
sign rather than a source adjacent to or outside of the sign.
Marquee or canopy sign — any building-mounted
sign attached to a marquee or canopy for the purpose of advertising
a use, event, product, film, or production. Marquee or canopy signs
have no relationship to the roof structure of a building.
Menu board — a building-mounted
sign that only displays types and/or prices of food and/or beverage
offered for sale. Such signs include, but are not limited to, a bill
of fare or a price list.
Nameplate sign — a sign indicating
only the name and/or address of a person or persons residing on, or
legally occupying, the premises.
Official sign — a sign erected
by the State, County, Borough, or other legally constituted governmental
body.
Off-premises advertising sign (billboard) — any outdoor sign, display, figure, painting, drawing, message, billboard
or any other thing which is designed, intended or used to advertise
or inform, but does not include on-premises signs advertising or identifying
activities conducted on or products sold on the property upon which
they are located.
Off-premises directional sign — a sign which is used to direct the attention of patrons, members,
or an audience to an object, product, service, place, activity, person,
institution, organization, or business that is primarily offered or
located at a location other than the lot upon which the sign is located.
On-premises business sign — a
sign directing attention to a business, commodity, or service conducted,
sold, or offered on the same premises as which the sign is located.
An on-premises sign includes those that identify or advertise the
home occupations.
Political sign — a temporary sign
pertaining to political views, an individual seeking election or appointment
to a public office, or a forthcoming public election or referendum.
Portable sign — a sign which is
self-supporting without being firmly embedded in the ground or designed
to be movable, including, but not limited to, signs mounted on wheels,
menu and sandwich board signs, sidewalk A-frame signs, hot air or
gas filled balloons, or signs affixed to vehicles denoting a business-related
activity.
Public services sign — a sign
which advertises availability of rest rooms, telephone, meeting times
of service organizations or other similar public conveniences.
Real estate sign — a temporary
sign pertaining to the sale, lease, or rental of the property on which
the sign is located.
Traffic sign — signs erected by
the Commonwealth of Pennsylvania Department of Transportation or the
Borough which are designed to regulate traffic, describe road conditions,
supply directions, or provide information.
Temporary sign — a sign constructed of paper, cloth, canvas, wood, metal or any lightweight material intended to be displayed for a short period of time, as stipulated in Part 9, but normally less than thirty (30) days.
Vehicular sign — a sign affixed
to, or painted on, a vehicle, trailer, wagon, or similar device used
primarily as a stationary advertisement for the business or property
on which the vehicle sits.
Wall sign, flat — a sign suspended
from, painted on, posted on, or mounted parallel to a wall or other
vertical building surface. Wall signs shall not extend more than six
inches beyond the edge of a wall or other surface to which they are
mounted, otherwise they shall be defined as a projecting sign.
Wall sign, projecting — a building-mounted,
double-sided sign typically affixed perpendicular to a building's
wall. Projecting wall signs, also known as blade signs, do not include
canopy, awning, or marquee signs.
Wall-signable area — a continuous
rectangular area on the wall of a building.
Window sign — a temporary sign
attached to or affixed to the interior of a window or door, or a permanent
sign which is readily visible and can be read from the exterior through
a window or door from a distance of twenty (20) feet therefrom. Such
sign shall not be internally illuminated.
the sign facing, including any border, framing, or decorative
attachments. In the case of freestanding letters, it shall be the
area contained between the highest and lowest points of any letters,
and the extremity points of the first and last letters.
the distance from the existing ground elevation at the base
of the sign, to the highest point of the sign structure. Where there
is a sidewalk, the height shall be measured from the elevation of
the sidewalk.
the art, science, and practice of establishing, tending,
and reproducing forest stands.
a method of regenerating an uneven-aged stand that removes
individually selected trees throughout all diameter classes, creating
small gaps in the canopy to facilitate regeneration.
the ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
includes regrading the existing topography; filling lakes,
ponds, marshes, or floodplains; clearing vegetation; or altering watercourses.
measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize exposure to possible
erosion or sedimentation.
drag logs by lifting one end off the ground to reduce resistance.
a road designed for frequent use by skidding equipment. Skid
roads typically incorporate water-control structures.
a trail requiring less construction than a skid road because
it is used less-frequently by skidding equipment.
a licensed health-care institution meeting federal criteria
for Medicaid and Medicare reimbursement for nursing care, which includes
supervised care of every patient by a physician and at least one registered
nurse, the maintenance of records concerning the care and condition
of every patient, and the availability of twenty-four (24) hour nursing
care.
woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
energy which has been converted, through the use of a solar
energy system, from sun- light into usable electricity or to heat
air, water, or other fluids for use in hot water or space heating,
or other applications.
an energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user, or which
is to be sold to a utility company to be used by others, or sold directly
to other users. Particular types of solar energy systems include,
but are not limited to:
all refuse including garbage and trash, and all solid material
which is putrescible and originating from the preparation, cooking
and consumption of food and market produce.
any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace or other fuel-burning device,
especially that part of a structure extending above a roof.
a grouping of vegetation sufficiently uniform in species
composition, age, and condition to be distinguished from surrounding
vegetation types and managed as a single unit.
the date of issuance of a building permit, provided the actual
start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. 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 state
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/or walkways; 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.
camouflaging methods applied to tower-based wireless communications
facilities, antennae 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 antennae, building-mounted
antennae painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flag poles and light poles.
a tall tapering structure narrowing to a point at the top
that is located on the roof of or is a part of the superstructure
of a church or other place of worship.
the keeping of man-made materials for future deposition for
a continuous period greater than eight (8) hours. Excluded from this
definition are the following:
the storage of all man-made materials as defined above, in
an outside or unenclosed area, inclusive of material covered by tarps,
tents, canopies, or other similar structure.
a self-contained accessory structure to be used solely for
the purpose of enclosing, protecting and/or securing objects used
in the normal operation and/or maintenance associated with the principal
use of the property. No vehicle or previously functioning vehicle
including, but not limited to, a recreational vehicle, camping trailer,
truck trailer, mobile home, or bus, and no part of a vehicle body
shall be used as a storage shed.
any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
that portion of a building, included between the surface
of any floor and the ceiling next above it that is routinely accessible
by humans and has an internal height of not less than six and one
half (6.5) feet shall be considered a full story. Any such portion
of a floor of a building having an internal height of less than six
and one half (6.5) feet shall be considered a half story. In addition,
if more than thirty-three (33) percent of the perimeter walls around
the ground level are below grade, then such ground level shall not
be considered to be a story. See also the definition of "basement."
a right-of-way intended for general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "road," "highway," "thoroughfare," and "way." Streets
shall be further classified as:
Arterial street — a street serving
a large volume of comparatively high-speed and long-distance traffic
and providing a high degree of mobility, including all facilities
classified as main and secondary highways by the Pennsylvania Department
of Transportation. U.S. Rt. 322 is the only street classified as an
arterial in the Borough.
Collector street — a street designed
and located to provide means to drain traffic off local streets and
to provide access for through traffic between residential neighborhoods
and districts within the Borough to major streets and/or a street
used for access to nonresidential properties, e.g., commercial, industrial,
professional.
Local street — a street intended
to serve and provide access to the properties abutting thereon and
not connecting with other streets in such a manner as to encourage
through traffic.
Private street — a street that
has not been dedicated nor is intended to be dedicated to the Borough.
the center line of a street which is at an equal distance
from both right-of-way lines.
the dividing line between a lot and the outside boundary
or right-of-way line of a public street, road, or highway legally
open or officially platted, or between a lot and the outside boundary
of the right-of-way of a privately owned street, road, or way over
which the owners or tenants of two or more lots, each held in single
and separate ownership, have the right-of-way.
a local street, serving only abutting lots, that is not offered
or required to be offered for dedication to the Borough.
a public thoroughfare which has been dedicated and deeded
to the Borough and which affords the principal means of access to
the abutting property.
the benches, waste cans, bicycle racks, public art, and other
structures that help to make the street a public, more welcoming,
and usable space.
the dividing line between a lot and the outside boundary
or right-of-way line of a public street legally open, or between a
lot and a private street over which the owners or tenants of two or
more lots each held in single and separate ownership have the right-of-way.
a native species tree, primarily of the deciduous variety,
planted to produce shade and to provide visual variety to the streetscape.
any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams, or girders, or any change which could
convert an existing building or other structure into a different structure,
or adapt it to a different use, or which in the case of a nonconforming
building or other structure would prolong the life of such building
or other structure.
one or more buildings enclosed by continuous exterior walls
and a continuous roof.
any man-made object having an ascertainable stationary location
on land or water or on land and water, whether or not affixed to the
land. The term "structure" shall include, but not be limited to, buildings,
fences, flagpoles, garages, mobile (manufactured) homes, porches,
sheds, signs, silos, solar energy collectors, swimming pools, tanks,
towers, walls, water towers, windmills, and similar constructions.
"Structure" shall be interpreted as including the words "or part thereof,"
and shall include any walled or roofed building, including a gas or
liquid storage tank, that is principally above ground.
a structure or part of a structure which does not comply
with the applicable dimensional regulations, including those relating
to density, impervious surfaces, building coverage, building height,
and setbacks in this Chapter or amendments theretofore or hereafter
enacted, where such structure was lawfully in existence prior to the
enactment of said Ordinance or amendment, or prior to the application
of said Ordinance or amendment to its location by reason of annexation.
Such structures include, but are not limited to, buildings, fences,
and swimming pools.
a structure without foundation or footings which is removed
when the designated time period, activity, or use for which the temporary
structure was erected has ceased.
the working place of a painter, sculptor or photographer.
A place for the study of art, including dancing, singing, acting and
music.
the division of a single lot, tract, or parcel of land into
two (2) or more lots, tracts, or parcels of land, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership, or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than ten (10) acres, not involving any
new street or easement of access or any residential dwelling, shall
be exempted from this definition.
the Subdivision and Land Development Ordinance [Chapter 22] of Honey Brook Borough, as adopted and amended from time to time.
damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty (50) percent of the market value of the structure
before the damage occurred.
any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty (50) percent
of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage" or "repetitive loss" regardless of the actual
repair work performed. The term does not include either:
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 Zoning Officer and which are the
minimum necessary to assure safe living conditions.
Any alteration of a "historic structure" provided that the alteration
will not preclude the structure's continued designation as a "historic
structure."
a self-contained accessory residential dwelling unit resulting
from the conversion of, or addition to, a portion of an existing single-family
detached residence or within an accessory building on the same lot
as the principal dwelling. The accessory unit is complete with separate
kitchen and bath facilities and bedroom(s), is on the same lot as
the principal dwelling, and is subordinate to the original principal
dwelling in terms of size and function.
that part of the precipitation that passes over the surface
of the soil.
an enclosure designed to be filled with water, permanently
constructed or portable, with sides having a depth of more than twenty-four
(24) inches below the level of the immediate surrounding grade, or
an above surface pool having a depth of more than twenty-four (24)
inches, designed, used, and maintained for swimming and recreation.
any inn, tavern, restaurant, club or lodge in which alcoholic
beverages are consumed on the premises.
see "structure, temporary."
a temporary use accessory to a lawful commercial or industrial
use or a rural occupation.
an individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
the cutting, uprooting or removal of more than twenty (20)
trees of twelve (12) inches or greater DBH from any area of woodland,
whether accomplished in a single operation or in more than one operation
over three (3) or fewer years. The removal of trees pursuant to an
approved subdivision or land development plan or landscape plan, the
removal of dead or diseased trees, or invasive vegetation, and the
cutting or removal of trees as part of a Christmas tree farming or
nursery operation shall not be considered Timber Harvesting.
a plan submitted in conformance with the provisions set forth in Subsection 27-1028 which describes, by means of text and maps, proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a Professional Forester.
for the purposes of this Chapter, the amount of land contained
within the limits of the property lines bounding that area.
an area of land, parcel, or property which is the subject
of a development application.
the tract area.
the gross area of the tract, but excluding all of the following
conditions or features:
Any area within an easement established for gas, oil, natural
gas, electric, or communications transmission facilities, whether
below or above ground, that do not exclusively serve the tract traversed.
Any area within an easement or right-of-way established for
a driveway that does not serve the tract traversed.
Any area within an easement established for water supply or
wastewater facilities that do not serve the tract.
Any area of prohibitive slope as regulated by the Steep Slope Conservation Regulations in § 27-804.
Any area overlaid by the Flood Hazard District as regulated by § 27-802.
Any area overlaid by the Riparian Buffer Conservation Regulations, as regulated by § 27-805.
Any area designated as a wetland, lake or pond, except where
such area already is excluded under subparagraph 6 above.
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In addition, the tract area shall be contiguous and shall not
be divided completely by any of the above-cited features, with the
exception of easements described in subparagraphs 1 and 3 above that
are for underground facilities.
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a right-of-way containing a marked or beaten path, either
paved or unpaved, for pedestrians, equestrian or bicycle use.
a drawn vehicle, not self-propelled, which is permitted on
the highways when properly licensed.
the attaching of development rights to specified lands which
the Borough desires to be kept undeveloped, but permitting those rights
to be severed from those lands and held by the purchaser or transferred
so that the development potential which they represent may occur on
other lands where more intensive development is deemed to be appropriate.
TDR sending area — the zoning
district in which development rights may be severed from a lot and
subsequently reserved, donated, or sold for use in the TDR receiving
area. For the purposes of this Chapter, the A - Agricultural District
and RC — Resource Conservation District.
TDR receiving area — the zoning
districts in which an interested party may apply development rights,
upon approval under the provisions of this Chapter, to a subdivision
or land development proposal. For the purposes of this Chapter, the
MUR - Mixed Use Residential District, the MUC — Mixed
Use Commercial District, and the BI — Business Industrial
District.
The extent of coverage of the uppermost layers of leaves
on a tree.
An area that is radial to the trunk of a tree, in which no
construction activity, fill, grading or the storage of materials shall
occur. The tree protection zone shall be fifteen (15) feet from the
trunk of the tree to be retained or the distance from the trunk of
the tree to two (2) feet beyond the drip line, whichever is greater.
Where there is a group of trees or woodlands, the tree protection
zone shall be the aggregate of the protection zones for the individual
trees.
the smaller vegetation (shrubs, seedlings, saplings, small
trees) within a forest stand, occupying the vertical zone between
the overstory and the herbaceous plants of the forest floor.
the Statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the Commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
one or more rooms within a building constituting an independent,
self-contained dwelling unit containing separate kitchen and bath
facilities for one family, physically separated from any other dwelling
units, and located on the second floor or higher above either a separate
commercial or institutional use located in the same structure.
any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained, or occupied,
or any activity or occupation carried on, or intended to be carried
on, in a building or other structure or on a tract of land.
a use subordinate to the principal use of land or a building
on a lot and customarily incidental thereto.
a permit issued by the Zoning Officer prior to the lawfully
permitted use or change in use of any structure, building or the land
thereon, in accordance with the terms of this Chapter.
a use conducted by Honey Brook Borough or an authority of
which the Borough is a member; this use does not include a school.
a use which does not comply with the applicable use provisions
of this Chapter, but which was lawfully in existence prior to the
enactment of this Chapter or a prior zoning ordinance.
the single dominant use or single main use on a lot.
a single-bodied motor vehicle exceeding a Gross Vehicle Weight
Rating (GVWR) of 26,001 pounds or having more than one rear axle;
a trailer, tanker or other device a GVWR of 10,000 pounds or greater
and designed to be towed behind a commercial vehicle.
a medical facility specializing in the treatment of injury
or disease afflicting animals, especially domestic animals and household
pets, and the boarding of animals is limited to short-term care incidental
to the hospital use. Such use may accommodate the boarding of animals
that are not patients. Such use may not accommodate the breeding of
animals.
any place designed or maintained for public pedestrian use,
without regard to ownership.
a man-made barrier constructed principally of masonry, concrete,
cinder block, or similar materials shall be considered a wall. The
term "wall" does not regulate engineering retaining walls, which are
permitted uses as needed in all districts.
a building used for the temporary storage of goods and materials,
generally for subsequent distribution to other locations and not involving
retail activities.
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.
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.
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 U.S.
Fish and Wildlife Service and all lands regulated as wetlands by the
Pennsylvania Department of Environmental Protection (PADEP) or the
U.S. 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.
an energy conversion system, typically consisting of a wind
turbine, a tower, blades and associated controls and appurtenances
(including electrical infrastructure and transmission lines), that
convert wind energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user, and/or which is to
be sold to a utility company to be used by others, and/or sold directly
to other users. Wind Energy Systems include windmills where the energy
is used directly and not converted into electricity.
the distance measured from the ground surface of the wind
energy system tower base to the highest point of the extended blade
tip or the highest point of the wind energy system.
a plant community covering an area of one (1) acre or more,
in which tree species are dominant or co-dominant 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 drip line of all the trees in such plant
community. Woodland shall include any area where timber has been harvested
within the previous three (3) years and/or woodland disturbance has
occurred within the previous three (3) 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."
Any activity which alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, woody and herbaceous
woodland floor species as well as the removal of humus or duff from
the ground;
Any activity which constitutes a Land Disturbance (exposes soils,
alters topography) within a woodland or hedgerow;
Woodland disturbance does not include the following:
a large branchy tree that occupies more space in the forest
than similar trees of the same diameter. Wolf trees may have high
wildlife and aesthetic value but little, if any, timber value.
generally, housing that is affordable to working households
that do not qualify for publicly subsidized housing, but that cannot
afford appropriate market-rate housing in their community. Specifically,
workforce housing is that which is affordable to working households
between 81% and 120% of area medium income. Using Honey Brook Township's
median household income from the 2012-2016 ACS Estimates of $60,490,
the range would be between $48,392 and $72,588.
an open space on the same lot with a building or group of
buildings measured from specified lot lines which restricts the locations
of buildings and structures and which is required to be unoccupied
and unobstructed from the ground upward, except as herein permitted.
an area between and parallel to the building setback line
and the street line from which the lot has access or which abuts the
lot, and extending the entire width of the lot along the front lot
line at a specified distance from such front lot line. Also see, "building
setback line." In the case of a corner lot, see "corner lot."
a line drawn parallel to the corresponding lot line at a
distance specified for the required depth of yard in each respective
case.
an area extending the entire width of the lot along the rear
lot line at a specified distance from such rear lot line.
a yard extending from the front yard to the rear yard measured
parallel to each side lot line.
the Zoning Hearing Board of Honey Brook Borough, Chester
County, PA.
a map of Honey Brook Borough indicating the location of boundaries
for each zoning district.
the Zoning Ordinance of Honey Brook Borough, as adopted and
amended from time to time. For the purposes of this Chapter, the words
"this Chapter" shall refer to the Zoning Ordinance of Honey Brook
Borough, as adopted and amended from time to time.
