[Ord. 95-07, 12/14/1995, § 200; as amended by Ord.
2003-01, 4/17/2003; by Ord. 2006-04, 9/20/2006, § 1.A; and
by Ord. 2008-04, 11/19/2008, § 1]
1.Â
Unless otherwise specifically stated, the following words and phrases
shall be construed throughout this chapter to have the meaning indicated
in this chapter:
A.Â
The present tense includes the future; the singular includes the
plural and the plural includes the singular; the masculine gender
includes the feminine; the word "person" includes any individual,
estate, trust, fiduciary, partnership, firm, association, corporation
or organization; and the word "shall" is always mandatory.
B.Â
The word "Township" means Franklin Township, Chester County, Pennsylvania;
the term "Board" shall refer to the Board of Supervisors of Franklin
Township; the term "Planning Commission" shall refer to the Planning
Commission of Franklin Township; the term "Zoning Hearing Board" shall
refer to the Zoning Hearing Board of Franklin Township; the term "Zoning
Officer" shall refer to the Zoning Officer of Franklin Township; the
term "Secretary" shall refer to the Secretary of Franklin Township;
and the term "Township Engineer" shall refer to the official engineer
for Franklin Township.
C.Â
The word "including" shall not be limited to the specified example
but is intended to extend its meaning to all other instances of similar
kind and character.
[Ord. 95-07, 12/14/1995, § 201; as amended by Ord.
96-02, 12/12/1996, § 1; by Ord. 2001-06, 12/20/2001, § I;
by Ord. 2001-07, 12/27/2001, § II; by Ord. 2002-01, 2/21/2002,
§ II; by Ord. 2002-05, 2/21/2002, § I; by Ord.
2003-01, 4/17/2003; by Ord. 2006-04, 9/20/2006, § 1.B; by
Ord. 2007-06, 11/14/2007, § 1; by Ord. 2008-04, 11/19/2008,
§ 1; by Ord. 2008-06, 11/19/2008, § 1; by Ord.
2009-06, 9/16/2009, § 1; by Ord. 2011-06, 3/16/2011, § 5;
and by Ord. 2011-10, 12/21/2011, §§ 1, 2]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A structure subordinate and customarily incidental to the
principal structure or use on a lot.[1]
A use subordinate and customarily incidental to the principal
structure or use on a lot.
A passage which provides for vehicular movement between a
public road and a lot.
A passage which provides for vehicular movement between a
public road and a minimum of two principal structures or uses on a
lot.
The Pennsylvania Municipalities Planning Code, Act 247, 53
P.S. § 10101 et seq., as amended.
Numbered A Zones (e.g., A7 or A14). This is the base floodplain
where the FIRM shows a BFE (old format).
[Added by Ord. 2017-05, 9/20/2017]
An area within a single-family residential dwelling that
contains an additional kitchen, sleeping quarters, and a bathroom,
or similar area in a separate detached accessory structure.
[Added by Ord. No. 2019-01, 1/16/2019]
The base floodplain where base flood elevations are provided.
AE zones are now used on new format FIRMs instead of A1-A30 Zones.
[Added by Ord. 2017-05, 9/20/2017]
The cultivation of the soil and raising and harvesting of
the products of the soil, including, but not limited to, nursery,
horticulture, forestry, mushroom growing (including mushroom substrate
production and utilization of mushroom compost in normal farming operations),
and the breeding and raising of customary livestock, poultry, and
their products, including horses.
[Amended by Ord. 2016-02, 4/20/2016]
Areas with a 1% annual chance of shallow flooding, usually
in the form of a pond, with an average depth ranging from one foot
to three feet. These areas have a 26% chance of flooding over the
life of a thirty-year mortgage. Base flood elevations derived from
detailed analyses are shown at selected intervals within these zones.
[Added by Ord. 2017-05, 9/20/2017]
Land over which there is a right-of-way, municipally or privately
owned, serving as a secondary means of access to two or more lots
to the rear and/or side of a building.
Any change or rearrangement in the supporting members of
an existing structure such as bearing walls, columns, beams, or girders,
joists or rafters, as well as any change in exterior doors or windows,
or any enlargement to or diminution of a structure, whether horizontally
or vertically, or moving of a structure from one location to another.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein.
[Added by Ord. 2017-08, 9/20/2017]
A retail establishment where goods of an antiquarian nature
are sold. Such shop offers items for sale that are considered to be
of collectible, heirloom or heritage value due to their age, scarcity,
significance, or artistic quality.
River or stream flood hazard areas, and areas with a 1% or
greater chance of shallow flooding each year, usually in the form
of sheet flow, with an average depth ranging from one foot to three
feet. These areas have a 26% chance of flooding over the life of a
thirty-year mortgage. Base flood elevations derived from detailed
analyses are shown at selected intervals within these zones.
[Added by Ord. 2017-05, 9/20/2017]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his or her heirs,
successors and assigns.
Any application, whether preliminary, tentative, or final,
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for approval
of a building permit, conditional use, special exception, subdivision
plat or plan, or land development plan.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or the "1% annual
chance flood").
[Added by Ord. 2017-05, 9/20/2017]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
[Added by Ord. 2017-05, 9/20/2017]
A level, enclosed area partly or completely below grade.
It shall be considered a building story for the purposes of height
measurement when more than 33% of the perimeter walls are five feet
or more above grade and if the net area of the door or window openings
in the exterior walls is at least equal to 10% of the enclosed floor
area.
Any area of the building having its floor below ground level
on all sides.
[Added by Ord. 2017-05, 9/20/2017]
A building occupied by a resident innkeeper containing nine
or fewer guest rooms for the temporary lodging, no more than seven
consecutive days, of guests for compensation and providing to the
guests such lodging services as maid service and accessory eating
and drinking facilities limited to the serving of breakfast.
A mound of earth which serves purposes such as directing
the flow of surface water runoff, preventing soil erosion or supporting
planted materials to aid in screening.
An area bounded by streets or a combination of streets, waterways
and Township boundaries.
Manufacturer of malt or brewed beverages licensed by the
Pennsylvania Liquor Control Board and operated in compliance with
the Pennsylvania Liquor Code, 40 Pa. Code § 3.93, regulating
breweries.
[Added by Ord. 2016-06, 7/20/2016]
An area which provides a year-round visual and/or sound attenuation
between uses, through the application of such means as plantings,
earthen berms, depressions, fences, and walls.
The line which defines the placement of the building from
the street on which the building fronts. The build-to line of the
building forms the street wall line. On a corner lot, the build-to
line is located on each side of a lot abutting a street.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
The vertical distance measured from the average level of
finished exterior grade along all exterior walls of a building or
other structure to:
An established line within a property defining the minimum
required distance between any building or other structure to be erected
and an adjacent property line.
The size of buildings or other structures and their relationships
to each other, to open areas such as yards and to lot lines and therefore
includes:
The diameter of the main trunk of a tree. Caliper measurement
shall be taken at a point on the trunk six inches above the natural
ground line. If the result of this measurement is greater than four
inches, then take caliper measurement at 12 inches above the natural
ground line.
A statement signed, issued and enforced by the Zoning Officer
which confirms that a building or other structure complies with all
requirements and regulations as provided and set forth in this chapter,
as well as other applicable codes and that the same may be used for
the intended purpose.
The vertical infrastructure comprised of features such as
pavilions, pergolas, benches, sculpture gardens, fountains, monuments,
and the like.
A meeting hall, fire station, mail facility, school, church,
library, museum or other like type place that is a community facility
within the TND District.
The indiscriminate removal of all trees on a site, or portion
of a site.
The placement or installation of a new wireless communication
facility on previously approved and constructed wireless support structures,
including self-supporting or guyed monopoles and towers, electrical
transmission towers, water towers or any other structure not classified
as a wireless support structure that can support the placement or
installation of a wireless communication facility if approved by the
Township. The term includes the placement, replacement or modification
of accessory equipment within a previously approved equipment compound.
[Added by Ord. 2017-08, 9/20/2017]
A use of land, or improvements thereto, for the purpose of
engaging in retail, wholesale or service activities for profit.
Any mixing, combining, processing, aerating, packaging, shipping
or similar use of any composting materials or storing processed compost
for the purpose of sale or distribution. The term shall include all
compost storage operations and land application of any composting
materials, but shall not include manure resulting from an on-site
agricultural use, nor manure product being spread on fields as fertilizer
for agriculture. The term shall include spent mushroom growing substrate,
as well as materials being processed to be used as fresh mushroom
compost.
The preparation, production, or processing of compost, fertilizer
or mulch where none of the materials used in the preparation, production
or processing of the compost, fertilizer or mulch are produced or
grown on the property and none of the resulting compost, fertilizer
or mulch is used on the property for the production or cultivation
of livestock, crops, or organic commodities or otherwise used as part
of a normal agricultural operation.
[Added by Ord. 2016-02, 4/20/2016]
A retail use such as a shop or store, or any office use.
The services which provide for various community health,
education, safety, leisure and like needs and the locations at which
these services are provided. Community facilities may include schools,
parks and recreation areas, libraries, hospitals and other health-care
facilities, fire protection, police, ambulance and rescue service
and postal services.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A type of ownership and not a type of use, wherein each unit
is owned in fee by its occupant, while the land and such appurtenances
as driveways, parking areas, sidewalks, landscaping, recreational
facilities, common areas, and on-site utilities remain under the ownership,
with full responsibility for maintenance in the developer or any corporation
holding title to such land and appurtenances.
An activity which may not be appropriate to a particular
zoning district as a whole, but which may be suitable in certain localities
within a district only when specific standards and criteria prescribed
for such cases within this chapter are met. Conditional uses may be
granted by the Board of Supervisors after public hearing(s) and review
and comment from the Planning Commission.
An extended or intermediate care facility licensed or approved
to provide rehabilitative or chronic care to individuals who, by reason
of advanced age, chronic illness or infirmity, are unable to care
for themselves.
A retail activity designed to serve a local market which
involves, but is not limited to, any of the following uses: delicatessen
and small food and packaged goods market. May be combined with fuel-dispensing
facilities where allowable by zoning.
The ratio of the total ground floor area of all buildings
and other structures on a lot to the lot area on which they are located.
The total surface area of a lot which is covered by materials
which do not absorb rainfall runoff, including parking areas, driveways,
walks, buildings, and similar surfaces.
A use by a nonprofit, historic, educational or like organization
which is available to the general public in the form of a museum,
botanical garden, zoo or like facility.
A licensed home-based premises operated for profit or not
for profit in which child or adult day care is provided at any one
time to four, five, or six children who are not relatives of the caregiver.
The caregiver must be licensed by the Commonwealth of Pennsylvania.
Any licensed premises in which child day care is provided
simultaneously for seven or more children who are not relatives of
the caregiver.
See "diameter at breast height."
The allowable number of dwelling units per acre, calculated
by dividing the total number of dwelling units by the net site area.
The allowable number of dwelling units per developed acre,
calculated by dividing the number of units by the total number of
acres so developed, exclusive of open space, streets and easements
and other protected areas.
The developable area of a lot is determined by subtracting
protected areas from the net site area.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or land development, or other structure or use permitted by this chapter.
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 manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
[Amended by Ord. 2017-05, 9/20/2017]
The area of a developed tract exclusive of open space, streets,
easements, and other protected areas.
The diameter of a tree trunk, measured at four feet from
the ground surface at the point of the highest elevation in contact
with the base of the trunk of such tree.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. 2017-08, 9/20/2017]
An improved cartway designed and constructed to provide vehicular
movement between a street and a tract of land serving no more than
two lots.
Any building or part thereof designed for or occupied exclusively
as a residence for only one family maintaining a single housekeeping
unit.
A building designed and occupied as a residence, containing
three or more dwelling units. "Multiple-family" shall refer to any
housing configuration including, but not limited to, apartments, townhouses
and quadraplexes.
Four attached dwellings in which each unit has at least two
open space exposures and shares one or two vertical walls with adjoining
units and where no more than two units may lack street frontage. Each
unit is contained on its own fee simple lot.
A building designed for and occupied as a residence, containing
one dwelling unit and having no common or party wall with an adjacent
dwelling. Yard area surrounds all sides.
A building designed for and occupied as a residence containing
three or more dwelling units, with individual units located side by
side in series sharing vertical common party walls. Each unit will
be situated on its own fee simple lot. Yard area is located on a minimum
of two sides. A townhouse shall be considered a form of multiple-family
dwelling with regard to use regulations.
A building designed for, and occupied as, a residence, containing
two dwelling units stacked one on top of the other with a horizontal
common or party wall. Yard area surrounds all sides.
A building designed for, and occupied as, a residence, containing
two dwelling units located side by side with a vertical common or
party wall. Yard area is located on three sides. Each unit is contained
on its own fee simple lot.
A room or rooms within a building connected together, constituting
a separate independent housekeeping establishment for a single-family,
for owner occupancy, for rental, or lease. Units shall be physically
separated from other units and shall contain independent cooking,
sleeping and lavatory facilities.
Structures or uses specifically designed, arranged and intended
for the purpose of education, including kindergarten, elementary and
secondary schools, either private or public, including schools relating
to religious organizations and vocational schools. Day-care homes
and day-care centers are excluded from this definition.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added by A.O.]
An addition to the floor area of an existing building; an
increase of size of another structure, or an increase in that portion
of a lot occupied by an existing use.
An assessment and mitigation report in accordance with this
chapter, which objectively describes, analyzes and documents both
the beneficial and adverse impacts of a proposed subdivision and/or
land development, and the measures to be undertaken to mitigate adverse
impacts in accordance with the provisions set forth in this chapter.
An agricultural use that includes and is not limited to one
or more the following types of activities specifically and solely
related to horses, which may or may not involve payment.
[Amended by Ord. 2016-05, 4/20/2016]
INSTRUCTIONIndividual or group riding lessons on a horse at a private residence or specifically designated location, and/or nonmounted instruction.
EVENTSActivities involving horses, such as showing of horses, including participants and spectators, which may occur over several days.
RENTINGAn activity where horses can be rented for riding on that property or on nearby trails.
BOARDING/TRAININGThe sheltering of a horse, which may also include feeding, grooming, exercising, training, etc.
THERAPEUTIC RIDINGUse of a horse for assistance with drug rehabilitation, emotional/mental disorders, medical conditions, etc.
REHABILITATIONRelated to horses being treated for injury, health issues, and general well-being.
RIDINGAn activity where a person sits on a horse with or without a saddle.
DRIVINGAn activity that involves a horse and the use of a carriage or implement.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
Any growth in vegetation more than 18 inches in height. Excess
growth by this definition does not include ornamental shrubs and plantings,
hardwood or softwood trees, any agricultural products, meadows or
old fields. Excess growth shall also include any vegetation which
impairs the vision or passage on any sidewalk or public right-of-way
for pedestrian and vehicular traffic.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added by Ord. 2017-05, 9/20/2017]
A pet that requires any type of state or federal permit.
[Added by Ord. 2016-05, 4/20/2016]
Occupants of a dwelling unit under one of the following categories:
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added by Ord. 2017-05, 9/20/2017]
A retail establishment at which fruits, vegetables, breads,
eggs, milk, cheese, meat, flowers, and the like are sold by persons
who typically grow, harvest, or process such items from their farm
or agricultural operation.
Federal Communications Commission.
[Added by Ord. 2017-08, 9/20/2017]
A temporary inundation of normally dry land.
A flood of a magnitude that is likely to occur an average
of once every 100 years. While the probability of its occurrence is
1% chance each year, the flood may occur in any year.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added by Ord. 2017-05, 9/20/2017]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added by Ord. 2017-05, 9/20/2017]
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Amended by Ord. 2017-05, 9/20/2017]
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the 100-year magnitude.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Added by Ord. 2017-05, 9/20/2017]
Floor area is the sum of the area of all floors of a structure
measured from the face of interior walls or from center lines of walls,
separating two structures. In particular, floor area calculations
include, but are not limited to, the following: basement space if
it meets the requirements of a building story; stairwells, attic space,
whether or not a floor space has been laid providing structural headroom
of eight feet or more and elevator shafts, roofed terraces, breezeways
and porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space designed for the intended principal use no matter
where it is located within the building. The area of accessory structures.
The relationship between the size of all habitable structures
and the size of a lot, measured by dividing the gross floor area of
all habitable structures on a lot by the area of that lot.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added by A.O.]
An accessory structure or part of a principal structure or
use used for the storage of motor vehicles owned and used by the owner
or tenant of the premises and the storage of not more than two motor
vehicles owned and operated by persons other than the owner or tenant
of the premises.
A structure other than a private garage, one or more stories
in height, used for the storage and/or parking of motor vehicles.
An area of land, including buildings and other structures,
used for the sale of gasoline and petroleum-based products.
The use of land for the purpose of construction and creation
of a course for the use in playing the game of golf, with tees and
greens no fewer than 18 of each in number, such use may include accessory
structures and uses such as club house with dining facilities, tennis
courts and swimming facilities and other accessory structures and
uses within the usual, normal and ordinary scope of golf course and
golf club operations. Excluded from this definition shall be miniature
golf courses, driving ranges, chip-and-putt courses or other similar
golf amusement facilities.[2]
A plaza, square, courtyard, pocket park, tot lot, playground,
walkway, promenade, lawn area, or other outdoor space or common area
in which features such as benches, gazebos, pergolas, trellises, planters,
plantings, lighting, sculpture, and the like, are installed and maintained,
and in which public seating, outdoor dining, and the like, takes place.
A lot that has frontage on a green, not a street, as a compliant
open space amenity in the TND District.
The area of all lands contained within the legal metes and
bounds of a lot.
[Added by Ord. 2015-02, 6/17/2015]
A licensed community-based living arrangement functioning
as a single household and providing habilitating services, in accordance
with 55 Pa. Code, Chapter 5310, Community Residential Rehabilitative
Services for the Mentally Ill, or any other state or federal program
pertaining to the housing for developmentally challenged individuals
as regulated by the Federal Fair Housing Amendments Act.
Substances that pose a risk to health, safety and property
including explosives, various types of gas, solids, flammable and
combustible liquid, and all materials included as of Hazardous Materials,
Classes 1 through 9, as established by the U.S. Department of Transportation.
Discarded material, including solid, liquid, semisolid or
contained gaseous material, which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
A commercial business that offers active recreational or
fitness facilities strictly to club members and their guests including,
but not limited to, game courts, exercise equipment, locker rooms,
a swimming pool, jacuzzi and/or sauna, and a pro shop.
A hedgerow is a linear plant community dominated by trees
and/or shrubs. Hedgerows often occur along roads, fence lines, property
lines, or between fields, and may occur naturally or be specially
planted, e.g., as a windbreak. For the purposes of this chapter, hedgerows
are considered woodlands and regulated as such.
Any structure that is:
[Added by Ord. 2017-05, 9/20/2017]
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the 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;
Identified by the Township of Franklin in their Historic Resources
Survey;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
A commercial business which sells paint, lumber, doors, windows,
hardware, or other goods for domestic construction.
An accessory use which is customarily carried on within a dwelling unit by one or more occupants of such dwelling in accordance with § 27-1709. Home occupations are accessory uses to the principal use of the premises for dwelling purposes. Second principal uses shall not be deemed home occupations solely by virtue of the fact that the owner and operator thereof resides on the premises. In all cases, the practitioner shall reside within the principal dwelling unit and the principal activity or use is that of a residence and not a business. No more than two persons who are not residents of the premises shall be employed in a home occupation. Home occupations may include and are limited to:
All uses shall be limited to a maximum of 25% of the gross floor
area of the principal permitted building.
Small office uses, such as professional offices, manufacturer's
representatives, real estate brokers.
Studio uses, such as artist studios, musician studios and handicraft
shops.
Service uses, such as barber shops, tailor shops and the like
(but excluding funeral directors and undertakers' establishments).
Educational uses, such as tutorial services, day care for not
more than six persons at any one time, music, art or similar instruction
for not more than three persons at any one time (but excluding equestrian
training). The applicant shall obtain verification from the Department
of Labor and Industry of exemption from jurisdiction or obtain required
licensing.
|
(Also, see "no-impact home-based business.")
|
An institution where sick and injured persons are administered
medical and/or surgical care. This term shall include both short-term
and long-term facilities, including rest homes, nursing homes and
medical clinics.
A building used for the purpose of furnishing temporary lodging
to the public for compensation, with or without meals, and having
lodging accommodations for 10 or more persons.
Any soil inventoried or described as hydric or as a soil
with hydric inclusions according to the Soil Survey of Chester and
Delaware Counties, Pennsylvania, (most current data available), or
other information provided by the U.S. Natural Resources Conservation
Service (NRCS). In Franklin Township, hydric soils shall include,
but are not limited to:
|
Hydric Soils
|
Soils with Hydric Inclusions
|
|---|---|
|
Wehadkee silt loam (We)
|
Chewacla (Ch)
|
|
Worsham silt loam (WoA, WoB, WoB2, WoC2)
|
Congaree (Cn)
|
|
Glenville silt loam (GnA, GnB, GnB2, GnC2)
| |
|
Glenville very stony silt loam (GsB)
|
|
Where site conditions indicate that the location of hydric soils
or the hydric inclusions differ from locations indicated by the NRCS,
the burden shall be upon the applicant to verify such location(s)
to the satisfaction of the Board of Supervisors, otherwise, the NRCS
information shall be presumed to be accurate. Where the applicant
seeks reclassification of hydric soils and their location, such reclassification
shall be undertaken by a certified soil scientist or other similarly
qualified professional.
|
The floodplain area specifically identified in this chapter
as being inundated by the 100-year flood.
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,
or storage sheds; and 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.
For the purposes of determining compliance with this chapter, compacted
soils or stone surfaces used for vehicle parking and movement shall
be considered impervious. Surfaces that were designed to allow infiltration
(i.e., areas of porous pavement) will be considered on a case-by-case
basis by the Municipal Engineer, based on appropriate documentation
and condition of the material, etc.
[Amended by Ord. 2015-02, 6/17/2015]
Vegetation which is deemed harmful to existing vegetation
and listed in the DCNR document "Invasive Plants in Pennsylvania,"
or most recent version thereof, such as: Multiflora rosa (Rosa multiflora),
Autumn olive (Eleagnus umbrella), Japanese honeysuckle (Lonicera japonica),
Oriental bittersweet (Celastrus orbiculatus), Norway maple (Acer platanoides),
and Mile-a-minute weed (Polygonum perfoliatum).
An area of land, with or without holdings or other structures,
used for outside storage of used or discarded materials, housing furnishings,
machinery and vehicles or parts thereof. Toxic wastes, radioactive
materials, poisons and other hazardous wastes which are potentially
harmful to man are excluded from this definition.[3]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, and for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
The expansion of a nonresidential building or use in excess
of 500 square feet.
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into more than three residential
units, unless such units are intended to be condominiums.
A subdivision of land.
Any activity which exposes soils, alters topography and/or
alters vegetation, except for:
Removal of hazardous or invasive vegetation of an area no greater
than 5,000 square feet and provided that erosion and sediment control
measures are utilized (see definition of "woodland disturbance").
Landscaping alterations resulting in grade changes less than
six inches from initial grade elevation and which does not contribute
to or potentially cause adverse soil erosion or negative impact on
neighboring properties.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he or
she is authorized under the lease to exercise their rights of the
landowner, or other person having a proprietary interest in land.
A rating system, developed by the United States Green Building
Council (USGBC), Congress for the New Urbanism (CNU) and Natural Resources
Defense Council (NRDC), that integrates the principles of smart growth,
new urbanism, and green building into a national standard for neighborhood
location and design.
A commercial use, such as a shop, studio, office, or other
place of business in combination with a dwelling unit located above
such place of business. A person or persons other than the proprietor
of the business may occupy a live-work unit.
Animals of any kind, such as horses, cattle, sheep, goats,
poultry, etc., raised for a source of food, fiber, or work, excluding
dogs.
[Amended by Ord. 2016-05, 4/20/2016]
A space accessible from a street on a lot for the temporary
use of vehicles for the purpose of loading and unloading merchandise
or materials.
A parcel to be used, developed or built upon as a unit, which
is separately described by metes and bounds within a legal description
and recorded in the office of the Recorder of Deeds of Chester County
within a deed or by an approved subdivision plan so recorded.
The area of land included within the legal metes and bounds
of a lot exclusive of all areas that are:
[Amended by Ord. 2015-02, 6/17/2015]
That portion of a lot that is covered by impervious surfaces.
A property boundary line of any lot held in single and separate
ownership. The line shall reflect the legal description for the lot,
except for that the line abutting a street shall be deemed to be the
same as the street right-of-way line.
The line separating the lot from the street line.
Any line, except the front line, which is parallel to, or
within 45° of being parallel to and does not intersect any street
line.
Any lot line which is not a front line or rear lot line.
The horizontal distance between side lot lines measured at
right angles to the lot depth at building setback line.
A lot bounded on at least two sides by streets whenever the
lines of such streets extend from an interior angle of 135° or
less. All yards abutting streets shall be considered front yards.
The remaining yards shall be treated as side yards.
Any lot which only has access to a street by either an easement
or right-of-way, or any lot which has limited frontage on a street
serving solely for access to interior lands.
A lot extending between and having frontage on two generally
parallel streets with vehicular access from only one street. Access
shall be from a local street or alley rather than a collector or arterial
street.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant, partially enclosed
area, used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
[Added by Ord. 2017-05, 9/20/2017]
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added by A.O.]
A land development plan for subdivision of more than three
lots, or disturbance to support residential and/or commercial use
and amenities.
An artificial topographic gradient created through man-made
landform alteration such as a road embankment, terracing, or retaining
walls. Such slopes shall not be considered steep slopes for purposes
of Part 14, Steep Slope Overlay District.
A document that provides written and graphic design guidelines
for the TND District in accordance with Exhibit 27-A, Manual of Written
and Graphic Design Guidelines for Kemblesville Village, as enabled
by § 708-A of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10708-A.
A transportable, single-family dwelling intended for permanent
occupancy, that meets the Federal Manufactured Home Construction and
Safety Standards Act, commonly referred to as the "HUD Code." Such
dwelling is constructed in one or more sections, built on a permanent
chassis, and affixed to a permanent foundation and utilities.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added by Ord. 2017-05, 9/20/2017]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Amended by Ord. 2017-05, 9/20/2017]
An area where animal waste is kept on a temporary basis on
the ground.
[Added by Ord. 2016-05, 4/20/2016]
A structure that includes a constructed nonearthen pad and/or
walls, where animal waste is kept on a temporary basis.
[Added by Ord. 2016-05, 4/20/2016]
A building used by at least three or more physicians, dentists,
or licensed medical specialists for the examination and treatment
of outpatients needing medical or dental care. Operations providing
twenty-four-hour emergency services or overnight lodging of patients
shall be considered a clinic.
A minor plan is a plan for subdivision of three lots or less
where no public improvements are proposed.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
An action undertaken to alleviate or lessen impact(s) of development in accordance with § 22-613, Environmental Impact Assessment and Mitigation Report.
A combination of two or more uses in a building or on a lot.
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two or more units designed
to be joined into a single integral unit capable of again being separated
for repeated towing, which arrives on a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in an approved mobile home park, improved
with the necessary utility connections and other appurtenances necessary
for the erection of a single mobile home. Lots may be leased or owned
in fee simple.
A parcel or contiguous parcels of land which has been so
designated and improved to contain two or more mobile home lots for
the placement thereon of mobile homes.
Any area defined as steep slope, where the slope measures
from 15% to less than 25%.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added by Ord. 2017-08, 9/20/2017]
A building that is usually transported to its site on a steel
frame or special trailer because it does not have a permanent chassis
like a manufactured (mobile) home. A modular building is classified
and rated under one of the other building types.
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure to support communications antennas and connecting
appurtenances.
[Added by Ord. 2017-08, 9/20/2017]
A building or group of buildings containing individual rooms
or apartment accommodations primarily for transients, each of which
is provided with a separate exterior entrance and parking space and
offered principally for rental of sleeping accommodations for automobile
travelers.
A truck, truck tractor or combination having a gross weight
or registered gross weight in excess of 17,000 pounds.
The use of any structure, land area, or other premises for
the display and sale of vehicles and equipment which are motorized
including, but not limited to, passenger vehicles, farm implements,
boats and lawn mowers.
The use of any structure, land area, or other premises for
the repair, maintenance and reconstruction of vehicles and equipment
which are motorized including, but not limited to, passenger vehicles,
farm implements, boats and lawn mowers.
A use owned by the Township or operated on behalf of and
under the auspices of the Township for the benefit of the Township
such as: parks, playgrounds and other recreational and conservation
areas, Township offices and facilities, and emergency services facilities.
A specific growth medium prepared to supply the nutrients
needed during the mushroom growth cycle.[4]
The section of a TND with commercial use(s).
The land area contained within the boundaries of a parcel, or tract, exclusive of the areas of such permanent easements as are associated with provision of public or private utilities, as well as land within the right-of-way of existing public road or roads, that maybe required by Chapter 22, Subdivision and Land Development.
Structures for which the start of construction commenced
on or after June 16, 1982, and includes any subsequent improvements
thereto.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after the initial Flood Insurance Rate Map
issued for the municipality and before the effective start date of
this floodplain management ordinance is subject to the ordinance in
effect at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
[Added by Ord. 2017-05, 9/20/2017]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Added by Ord. 2017-05, 9/20/2017]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity shall satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, lights, or business vehicles.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, colors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business shall not involve any illegal activity.
A non-tower wireless communications facility, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas and related equipment.
[Added by Ord. 2017-08, 9/20/2017]
A lot, the area, dimensions, or location of which was lawful
prior to the adoption or amendment of this chapter but which fails
to conform to the requirements of the zoning district in which it
is located due to the adoption or amendment of the Zoning Ordinance.
A structure or part of a structure which was lawful prior
to the adoption or amendment of this chapter but which fails to conform
to the area or bulk requirements of the zoning district in which it
is located due to the adoption or amendment of the Zoning Ordinance.
Nonconforming structures shall include, but not be limited to, nonconforming
buildings and signs.
A use whether of land or of a structure which does not comply
with the applicable use provisions of this chapter or amendment, where
such was lawfully in existence prior to the enactment of this chapter
or subsequent amendment.
[Added by Ord. 2016-02, 4/20/2016]
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the Act of December 12, 1994 (P.L. 944, No. 134), known as the "Farm
Safety and Occupational Health Act."[5] Custom work shall be considered a normal farming practice.
Any plant that is determined and known to be injurious to
public health, crops, livestock, agricultural land or other property.
Noxious weeds shall include, but are not limited to, the following:
Cannabis sativa, commonly known as "marijuana."
Cichorium intybus, commonly known as "chicory" or "succory"
or "blue daisy."
Cirsium arvense, commonly known as "Canadian thistle."
Rosa multiflora, commonly known as "multiflora rose."
Sorghum halepense, commonly known as "Johnson grass."
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.
Parking that is adjoining the curb line of a street, and
that is either parallel to or at an angle from the curb line.
An area of land to be maintained for the use and enjoyment
of residents within a development or neighborhood. It shall consist
of landscaped or natural terrain, including lakes and streams and
related structures to fulfill its permitted function. "Common open
space" shall not include street rights-of-way, off-street parking
areas set aside for public facilities, public lands, private yard
areas and lands used in the calculation of lot area for other structures
and uses permitted by this chapter.
An enclosed portion of a common lot or area which is not
devoted to driveways, structures, community utilities exclusive of
drip irrigation fields, and other paved surfaces and improvements
and is free of environmental obstruction such as rock outcroppings,
slopes in excess of 25%, floodplain, riparian buffers and marshes.
Usable open space shall be directly accessible to occupants entitled
to use such and shall be suitable and designed for active and/or passive
recreation.
Any type of structure [portable or with a permanent foundation,
such as a barn, stable, or prefabricated or site-built structures
(such as turnout shelters, chicken coops, etc.)] used to house a pet
on a temporary and/or permanent basis.
[Added by Ord. 2016-05, 4/20/2016]
An off-street, surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways and maneuvering
space.
Land which is set aside for the development of additional
off-street parking in the event the capacity of an existing parking
lot is exceeded.
An area, available for the parking of one motor vehicle,
consisting of a dustless, all-weather surface and shall include either
covered garage space or uncovered parking lot space located off the
right-of-way. For the purpose of calculating space requirements, driveways
on single-family lots can be considered.
A vertical or horizontal wall that separates two buildings.
A support or base typically made of stone or brick upon which
a sign is located and that measures a minimum of 24 inches and a maximum
of 30 inches on each side, and a maximum height of 24 inches.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
An establishment which provides services to include, but
not limited to, bakery, beauty salon, barber, shoe repair service,
laundry/dry-cleaning service and tailor.[6]
An animal that is typically considered to be domesticated,
that may also be considered as livestock, reside inside or outside,
generally kept for pleasure, and generally not raised for resale.
[Added by Ord. 2016-05, 4/20/2016]
Animals that may normally be considered as livestock except
that they are not raised for resale and further provided that the
number and accommodations for such animals do not generate a health
hazard or nuisance to adjacent residents with a maximum of four animals
per acre or 10 total. The minimum lot size to maintain such animals
is four acres.
A structure typically made of stone or brick that measures
a minimum of 24 inches and a maximum of 30 inches on each side, and
is a minimum of 42 inches and a maximum of five feet in height.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
provisions of this chapter.
The map or plan of a subdivision or land development, whether
preliminary or final.
An unenclosed extension of a building no smaller than seven
feet deep by 14 feet wide.
The facade of a building that fronts on a street. On a corner
lot, there shall be two primary facades.
Land as defined by the United States Department of Agriculture,
Natural Resource and Conservation Services County Soil Survey to be
of the first, second or third soil class and currently used for agriculture.
A building in which the principal use on the lot is conducted.
Any portion of any lot covered by any of the following:
Areas of land or water and any facility thereon used for
public purposes, including streets, utilities, parks, playgrounds,
trails, paths, other recreational areas or facilities, and other public
areas, and the sites for schools, sewage treatment, refuse disposal,
publicly owned or operated scenic and historic sites, and other publicly
owned or operated facilities.
A meeting conducted under the regulations stipulated by the
Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
A notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of a public hearing and the particular nature
of the matter to be considered at the hearing. The first notice shall
not be more than 30 days and the second publication shall not be less
than seven days from the date of the hearing.
A vehicle which is:
[Added by Ord. 2017-05, 9/20/2017]
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections; designed to be self-propelled or permanently towable
by a light-duty truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A structure in which recoverable resources, excluding hazardous
wastes, are collected, flattened, crushed, bundled and stored prior
to shipment to others who will use the materials to manufacture new
products. Examples of recoverable resources include newspapers, magazines,
books and other paper products, glass and metal cans.
The 100-year flood elevation plus a freeboard safety factor
of 1Â 1/2 feet.
The process of returning a property to a state of utility
through repair or alteration, which provides for a contemporary use,
while preserving those portions and features of the property which
are significant to its history, architecture and cultural context.
A nonprofit use of land or a structure as a place of worship,
convent, monastery or similar religious institution, and associated
structures.
The area of any approved subdivision where one or more certificates
of occupancy have been issued as well as any existing dwelling site
on a subdivided lot.[7]
The portion of the Township roadway system paved for motor
vehicle traffic traversing principally residential areas, including
roadways in subdivisions and clusters of residential properties on
other Township roads.
[Added by Ord. 2017-08, 9/20/2017]
A commercial establishment whose principal business is to
sell unpackaged food ready for consumption by the customer, in individual
servings or in nondisposable containers, where the customer consumes
these foods while seated at tables or counters within the building.
A commercial establishment that offers quick food service,
which is accomplished through a limited menu of items prepared and
held for service, or prepared quickly, or heated exclusively in a
device such as a microwave oven. Orders are not generally taken at
the customer's table and food is generally served in disposable wrapping
or containers or accommodating drive-through service for off-site
consumption.
The act of bringing a site back to its preexisting state.
A structure that is constructed between lands of different
elevations used to stabilize the surfaces, prevent erosion, and/or
protect structures.
A building that houses a shop, store or like-type establishment,
that offers goods and products for retail sale to the general public.
The total width of the land area reserved or dedicated for
a street, crosswalk or other public or private purpose.
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. (See § 27-2503, Subsection 5A(3) for requirements where a vegetated buffer does not exist prior to proposed development.) For the purposes of this chapter, the riparian buffer shall be divided into two zones:
Zone One: Inner Riparian Buffer. This zone begins at the top
of each stream bank of an identified watercourse and occupies a margin
of land with a minimum width of 35 feet measured horizontally on a
line perpendicular to the edge of the water at the top of the defined
bank, as reviewed and approved by the Township Engineer. Where severely
steep slopes (over 25%) are located within 35 feet of a watercourse,
Zone One shall extend the entire distance of this sloped area.
Zone Two: Outer Riparian Buffer. This zone begins at the outer
edge of Zone One and occupies a maximum width of 65 feet in addition
to Zone One.
In cases where Zone One extends beyond 35 feet due to the presence
of severely steep slopes, the width of Zone Two shall be adjusted
so that the total riparian buffer width equals a total width of 100
feet.
Where the entire width of the Zone Two Riparian Buffer is not
wooded, the outer edge, up to the maximum 100-foot width, shall be
maintained as a filter strip of dense grass or other features to provide
sediment filtering, nutrient uptake, and convert concentrated flow
to uniform, shallow, sheet flow.
|
Riparian Buffer Zones
 Source: Chester County Planning Commission, 2007
|
A building or parts of a building occupied by four or more
persons for living and sleeping purposes, unrelated to the tenant
or occupant residing on the premises for income purposes. The term
includes boarding and lodging houses for accommodations exceeding
a one-week period.
Local roads consisting of two lanes and having a characteristic
curving alignment.
A lot or portion of a lot used for the deposit and storage
of refuse and in which all exposed refuse is covered by earth every
day. A sanitary landfill shall be operated in accordance with standards
established by and shall be subject to inspection by the Pennsylvania
Department of Environmental Protection.
This map indicates the locations of all scenic roads and
shall be considered an addendum to the Zoning Map of Franklin Township.
The Scenic Roads Map is incorporated by reference into this chapter
and made a part hereof.
The use of plant materials, fencing and/or earthen berms
to aid in the concealment of such features as parking areas and vehicles
within them and to provide privacy between two or more different land
uses which abut one another.
The felling of certain, but not all trees, in an area for
the purpose of removing dead, diseased, damaged, mature, or marketable
timber or for improving the quality of a tree stand. The removal of
more than 35% of trees in an area shall be defined as "selective harvesting"
and the requirements for a timber harvesting operation shall apply.
An area defined as steep slope, where the slope measures
25% or greater.
INDIVIDUAL SYSTEMThe disposal of sewage by use of cesspools, septic tanks, or other safe and healthful means, approved by Chester County Health Department. Such system shall be totally within the confines of the lot where the use is located.
COMMUNITY SEWAGE COLLECTION TREATMENT AND/OR DISPOSAL SYSTEMA sanitary sewage system which carries sewage from individual discharges by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on-site or off-site and shall be approved by the Pennsylvania Department of Environmental Protection.
PUBLIC SEWAGE SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
A unified, multiple use of a single tract for the retail
sale of goods including provisions for off-street parking provided
on the property to include, but not be limited to, deli, florist,
ice cream parlor, clothing store, video store, bookstore and personal
services shops.
The maximum extent of unobstructed vision at intersections,
in a horizontal or vertical plane, along a street from a vehicle located
at any given point on the street.
Any letter, work, model, device, symbol or representation
intended as an announcement, direction, or advertisement and may be
either freestanding, attached to another structure, or painted or
affixed on the exterior wall of a building.
The face of a sign including all lettering, wording, designs
and symbols together with background, whether open or enclosed, on
which they are displayed including the frame, but not including any
supporting framework and bracing. Where a sign consists of individual
letters, numbers, characters, or symbols attached to a framework,
the area of the sign shall be considered to include a square or rectangular
pattern as drawn at the outer limits of the letters, words, or representations.
A sign which offers services or goods available on the lot
which the sign is located.
An informational sign indicating direction, entry, exit,
loading or service areas, fire lanes, parking and other information
incidental to the primary use and not itself advertising that use.
A sign which has two sign faces that are parallel, precisely
matching in size and shape, and no more than 12 inches apart.
A sign supported by, suspended from, or attached to a column,
pole, pedestal or other similar support(s) located in or upon the
ground, and independent of any building. Freestanding signs shall
only be ground signs or pole signs as follows:
|
GROUND SIGN – A freestanding sign supported by footings,
pedestal, uprights or braces in which the highest point of the sign
area is no more than six feet above grade.
|
|
POLE SIGN – A freestanding sign mounted on a pole, column
or other similar support(s) where the lowest point of the sign area
is no less than seven feet above grade and the highest point is no
more than 12 feet above grade.
|
A sign erected by the state, county, Township or other legally
constituted governmental body.
A sign that which promotes services, activities, or goods
produced, sold or offered at a location other than the lot on which
the sign is located.
A sign designed to be displayed for less than 60 days including
premises for sale, advertisements during construction and political
signs.
The possession of real estate by one or more persons with
vested interest which is separate and distinct from that of any adjoining
property.
Any tree having a dbh of more than 12 inches.
Permission, approval or authorization granted by Zoning Hearing Board for particular uses in accordance with the provisions of Part 22, in situations where provision is made by terms of this chapter.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or AH.
[Added by Ord. 2017-05, 9/20/2017]
A special approval which is required for hospitals, nursing
homes, jails and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of, a floodplain.
An establishment which sells particular goods and services
in small quantities directly to the general public. Specialty stores
include a gift, art, craft, or antique shop, and cottage industries.
Sites which have been identified on the Pennsylvania Natural
Diversity Inventory (PNDI) or the Chester County Natural Areas Inventory
as possessing floral or faunal species of concern or sites in which
federally and/or state recognized threatened or endangered species
of flora and/or fauna have been documented.
Vegetation characterized as having strong ornamental, aesthetic
or habitat value.
Any tree greater than 24 inches dbh shall be considered a
specimen tree, with the exception of invasive trees including Norway
maple (Acer platanoides), Princess tree (Paulownia tomentosa), and
Tree-of-heaven (Ailanthus altissima). In the context of a subdivision
or land development review or in consideration of any application
for approval of special exception, variance, or conditional use, and
upon the recommendation of a qualified arborist, botanist, forester
or equivalent professional, the Township may designate as additional
specimen trees, any tree or other plant selected as uniquely representative
of a class or group in terms of size, shape, form, age, historical
importance, scenic qualities, visual prominence or other characteristics.
Trees or other plants determined to be dead or diseased or in any
manner constituting a safety hazard shall not be considered specimen
trees.
Includes unique, rare or otherwise specifically selected
trees or vegetation which most typically represent a whole class or
group, specifically in shape, form, or historical importance. Any
tree or other vegetation determined to be of specimen quality as determined
by a registered landscape architect or other qualified professional
acceptable to the Township.
Any material or substance, which remains, or is no longer
required in the mushroom growing process, after the production and/or
mushroom growing cycle is complete, which means that no fresh mushrooms
remain ready for harvest.
An area incorporated into the design of a parking lot, loading
area, drive-through service, or self-serve facility which will accommodate
vehicles waiting for the next available space.[8]
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of a slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
[Added by Ord. 2017-05, 9/20/2017]
A natural geographical area, whether on one or more lots,
which has a ratio of vertical distance to horizontal distance of greater
than 15%, based on two-foot contour interval, and measured over a
minimum of three contours (six feet) and 500 square feet of area.
Structures which may be divided into three or more individual
compartments intended for individual rental for storage of personal
items.
The portion of a building located between the surface of
any floor and the surface of the ceiling or roof next above.
A public or private right-of-way used or intended to be used
as a means of vehicular or pedestrian travel furnishing access to
abutting properties. The term "street" shall include, but not be limited
to, the words "road," "highway," "thoroughfare," "expressway," "avenue,"
"boulevard," "court," "lane," "alley" and "way."
A line which is an equal distance from both street lines.
The legal right-of-way line of a public or private street.
The wall created by buildings located close to a street right-of-way;
or architectural and landscape architectural elements such as walls,
pillars, piers, colonnades, arcades, and fences in lieu of a building
wall when an existing building is already set back from the street
wall line. Street trees and hedges may be considered as street wall
elements when in combination with walls, pillars, piers, fences, and
the like.
The space formed by buildings located close to or adjoining
the street, which is embellished with sidewalks, street trees, street
lights, curbs, on-street parking, and cartways. The streetscape is
framed by buildings which create the "outdoor room" character of a
traditional neighborhood.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include, but is not limited to, buildings, sheds
and garages.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
[Added by Ord. 2017-05, 9/20/2017]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels, or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access, or any new and existing residential
or agricultural structures, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added by Ord. 2017-05, 9/20/2017]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% 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 "cumulative substantial damage" regardless of the actual repair
work performed. The term does not, however, include 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 local code enforcement official and which are
the minimum necessary to assure safe living conditions.
[Added by Ord. 2017-05, 9/20/2017]
An enclosure, designed to be filled with water, permanently
constructed or portable, with sides having a depth of more than 18
inches below the level of the immediate surrounding grade, or an aboveground
pool having a depth of more than 30 inches, designed, used and maintained
for swimming and recreation.
The uprooting or removal of five or more trees per acre,
of six inches or greater dbh, from any lot for the purpose of allowing
or encouraging the natural regeneration or preservation of a tree
stand, on a lot which has a gross area prior to any subdivision or
land development of more than three acres and which is undertaken
in compliance with an approved timber harvesting plan. "Forestry,"
as defined by the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq., as amended, shall also be considered a
tree harvesting operation and shall require the submittal and approval
of a timber harvesting plan. (See also "selective cutting.")
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land. Such plan shall
have been prepared by a professional forester with demonstrable expertise
in forest management including a degree in forestry from a college
accredited by the Society of American Foresters, and shall document
measures to be taken to control erosion and sedimentation; protect
water quality; minimize impacts from skid trails and logging roads,
land areas, and the tree removal process; and ensure site restoration.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added by Ord. 2017-08, 9/20/2017]
One or more parcels assembled for the purpose of unified
development, including a planned residential development, shopping
center, office or industrial park.
The total land area within the tract as defined by the metes
and bounds description.
A form of land development in accordance with Part 9 of this chapter, and consistent with TND as per Article VII-A of the Pennsylvania Municipalities Planning Code (MPC), 53 P.S. § 10701-A et seq.
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be measured as the area within 15 feet of the trunk of the tree to be retained, or the distance from the trunk to the dripline plus an additional two feet, 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. See also Part 25 of this chapter.
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Tree Protection Zone
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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.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Part 22.
Ground planted with grapevines cultivated for the purpose
of commercially producing wine. A vineyard is an agricultural use
where grapes and/or other wine-producing crops are grown. A vineyard
used exclusively for the production of grapes and/or other wine-producing
crops is an agriculture use.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[Added by Ord. 2017-05, 9/20/2017]
INDIVIDUAL SYSTEMA safe and healthful supply of water to a single user from a private well located on the lot on which the use is located.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources, available to all dwellings and buildings within an approved service area. The system shall be approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. The water supply source may be located on-site and/or off-site.
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow.
All lands regulated as wetlands by the Pennsylvania Department
of Environmental Protection or the U.S. Army Corps of Engineers. In
the event there is a conflict between the definitions of these agencies,
the more restrictive definition shall apply.
A wetland margin is the transitional area extending from
the outer limit of a wetland. Where hydric soils are present, the
wetland margin shall extend to the limit of the hydric soils or to
75 feet, whichever is less. Regardless of the presence of hydric soils,
the wetland margin shall always extend at least a minimum width of
25 feet from the edge of the wetland boundary.
The area designated by the White Clay Creek Wild and Scenic
Rivers System Act (P.L. 106-357) of October 2000[9] for outstanding scenic, recreational, and ecological value.
The outer limits of the designated area are defined by lateral boundaries,
measured 250 feet from the ordinary high-water mark on both sides
of all segments designated by the act, including the east, middle
and west branches of the White Clay Creek in Franklin Township.
A place where wine is produced and bottled. A winery processes
grapes and other fruit products, vegetables or honey to produce wine
or similar spirits. Processing includes crushing, fermenting, blending,
aging, storage, bottling, administrative office functions for the
winery, warehousing and wholesale sales.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. 2017-08, 9/20/2017]
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
[Added by Ord. 2017-08, 9/20/2017]
A freestanding structure, such as a tower-based wireless
communications facility, electrical transmission tower, water tower
or any other support structure that could support the placement or
installation of a wireless communications facility if approved by
the Township.
[Added by Ord. 2017-08, 9/20/2017]
A tree mass or plant community in which tree species are
dominant or co-dominant, the branches of the trees form a complete,
aerial canopy. Any area, grove, or stand of mature trees, i.e., larger
than six inches dbh, covering an area of 1/4 of an acre or more, or
consisting of more than 10 individual trees larger than six inches
dbh, shall be considered a woodland. For the purposes of this chapter,
the extent of any woodland plant community or any part thereof shall
be measured from the outermost dripline of all the trees in the community.
Woodland shall include any area where timber has been harvested within
the previous three years which would have met the definition of "woodland"
prior to timbering or disturbance. Woodlands do not include orchards
or old fields.
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, vines, and herbaceous woodland
floor species; any activity which constitutes a land disturbance within
a woodland or hedgerow; woodland disturbance does not include:
Where woodland disturbance is regulated as a timber harvesting
operation, such operation shall not be separately regulated as a woodland
disturbance.
A portion of a lot which is occupied and open and extends
from all lot lines to the building.
A yard extending the full width of the front lot line and
extending in depth from such lot line to the nearest point of any
building on the lot.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any building on the lot with the exception of corner lots.
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any building on the lot.
[1]
Editor's Note: The former definition of "accessory dwelling
accommodations," which immediately preceded this definition, was repealed
by Ord. No. 2019-01, 1/16/2019.
[2]
Editor's Note: The former definition of "granny flat; mother-in-law
suite," which immediately followed this definition, was repealed by
Ord. No. 2019-01, 1/16/2019.
[3]
Editor's Note: The definitions of "kennel" and "kennel, commercial,"
which immediately followed this definition, were repealed 4/20/2016
by Ord. 2016-05.
[4]
Editor's Note: The definitions of "mushroom growing substrate
preparation," "mushroom substrate processing, advanced technology,"
and "mushroom substrate processing, state of the art technology,"
which immediately followed this definition, were repealed 4/20/2016
by Ord. 2016-02.
[5]
Editor's Note: See 3 P.S. § 1901 et seq.
[6]
Editor's Note: The definition of "pets, household, indoor,"
which immediately followed this definition, was repealed 4/20/2016
by Ord. 2016-05.
[7]
Editor's Note: The former definition of "residential conversion,"
which immediately followed this definition, was repealed by Ord. No.
2019-01, 1/16/2019.
[8]
Editor's Note: The definitions of "stable" and "stable, commercial,"
which immediately followed this definition, were repealed 4/20/2016
by Ord. 2016-05.
[9]
Editor's Note: See 16 U.S.C. § 1274.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008,
§ 1]
The following abbreviations and acronyms are used in this chapter:
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AR: Agricultural/Residential District
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BMP: Best Management Practice
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C: Commercial District
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CNU: Congress of the New Urbanism
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COLDS: Community On-Lot Disposal Systems
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Dbh: Diameter at Breast Height
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DCNR: Pennsylvania Department of Conservation and Natural Resources
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DEP: Pennsylvania Department of Environmental Protection
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EIAM: Environmental Impact Assessment and Mitigation Report
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FH: Flood Hazard District
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FIH: Forest Interior Habitat
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GIS: Geographic Information Systems
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HDR: High-Density Residential District
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HUD: U.S. Department of Housing and Urban Development
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LDR: Low-Density Residential District
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LEED-ND: Leadership in Energy and Environmental Design for Neighborhood
Development
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LI: Limited Industrial District
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MDR: Medium-Density Residential District
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MPC: Pennsylvania Municipalities Planning Code
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NRCS: Natural Resources Conservation Service
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NRDC: Natural Resources Defense Council
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OLDS: On-Lot Disposal Systems
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SS: Steep Slope Overlay District
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SU: Special Use District
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TDR: Transfer of Development Rights
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TIS: Traffic Impact System
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TND: Traditional Neighborhood Development
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TPZ: Tree Protection Zone
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USGBC: U.S. Green Building Council
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V: Village District
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