[Ord. 2002-06, 11/11/2002, § 201; as amended by Ord. 2007-06, 10/30/2007, § 1; by Ord. 2007-07, --/--/2007, §§ 1, 2; and by Ord. 2009-09, 12/22/2009, §§ 1, 2]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning set forth in this Part. All words used in the present tense include the future; the singular includes the plural and the plural the singular; the masculine gender includes the feminine and the neuter. The word "shall" or "must" means mandatory; the word "may" is not mandatory; the words "building" and "structure" shall be considered synonymous. Words and phrases that are not included in this Part shall have their common meanings.
A use of property, land, or building which is discontinued with no intent to resume the use.
A building subordinate to the principal building with which it is associated and used for purposes customarily incidental to those of the principal building.
A use subordinate to the principal use of the parcel with which it is associated. Such use may include accessory buildings, recreational facilities, or signs, as specified in Parts 4 through 12, inclusive.
The Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
Outdoor leisure time activity that involves moderate to high cardiovascular endeavors, and the facilities that are available to a homeowners association and/or property owners association and offer such activity, such as soccer, baseball, basketball, football, bicycling, rugby, lacrosse, volleyball, field hockey, golf, tennis, and swimming.
An extension or increase in floor area of a building, contiguous to the building, whether habitable or not.
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products, and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products, or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
Types of agriculture which include high levels of potential impacts on local and neighboring resources, or generate high levels of noise or odor including, but not limited to, feed lot operations, confined feeding operations, mushroom growing operations, mushroom soil or other composting operations, and mulching operations.
Any other type of agricultural activity not classified as intensive agricultural use.
Any change, rearrangement, addition, or diminution of the supporting member of a building, such as walls, columns, beams, joists, or rafters.
An individual or entity seeking zoning authorization or other municipal approval (e.g., a building permit). For the purposes of the regulations pertaining to wireless communication facilities, the applicant shall include the owner of any such wireless communications facility, or component thereof. This chapter shall not be construed so as to require both the owner of the wireless communications facility (or component thereof, including the tower) and the provider of wireless communications services to join in an application for municipal authorization or to separately submit duplicative information or fees.
A landowner(s) or developer(s) or authorized agent thereof, who has submitted an application for development, including his heirs, successors, and assigns.
Every application, whether preliminary, tentative, or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
Residence for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.
The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for the purposes of this chapter, the one-hundred-year flood.
The one-hundred-year flood elevation. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain which is nearest to the construction site in question.
An enclosed area that is partly or totally below grade of adjacent ground. It shall be considered a story for the purpose of height measurement if more than 1/3% of the perimeter walls extend four feet or more above grade, or if it is used for business or dwelling purposes other than for a recreational room, utility room, and/or garage.
An accessory use to a single-family detached dwelling, permitted as such only when carried on in conformity with applicable regulations, in which the occupants of the residence provide overnight accommodations for short term, transient guests, including the service of breakfast.
That area of land bounded by streets, parks, rights-of-way, municipal boundaries, natural boundaries, or any combination thereof.
The Board of Supervisors of East Fallowfield Township.
Any fence constructed on or along any lot line or outside of the building envelope on any lot, whether or not intended as demarcation of boundary and whether or not parallel to any lot line.
A completely planted visual barrier composed of evergreen and/or deciduous trees arranged to form an effective visual barrier.
Any structure with a roof, intended for shelter or enclosure of persons, animals or property.
That ground surface covered by the principal building and all accessory buildings, measured on a horizontal plane, but not including uncovered porches and steps.
That area within a tract or lot further from any lot line than the mandated applicable front, side, or rear yard setback.
A structure in which is conducted, designed to be conducted or intended to be conducted, the principal use of the lot on which it is located.
An established line within a property parallel to and measured from the street right-of-way or property line, defining the minimum required distance in which no building may be constructed. In the case of an interior lot, the building setback line shall be parallel to the street right-of-way, but measured from the property line closest to the street of primary access.
Used to describe the size of buildings and their relationship to each other, to open areas such as yards and to lot lines, and is used in conjunction with size, height, and floor area of buildings or other structures.
The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the center of the base of the tree for all existing trees. For all trees to be planted in accordance with the requirements of this chapter, such as street trees or trees in parking areas, the tree trunk shall be measured and at the point one foot from the ground surface at the center of the base of the tree.
The surface of a street or alley available for vehicular traffic.
Land used or intended to be used for the burial of deceased persons or animals, including columbaria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries of the cemetery.
A building utilized for public worship by a congregation, excluding buildings used exclusively for residential, burial, recreational, or other uses not normally associated with worship. Mosques, temples, synagogues, and other similar places of worship are included in the term.
The indiscriminate removal of all trees on a site, or portion thereof.
A use, whether of land or improvement thereto, for the purpose of engaging in retail or service activity for profit.
A single commercial use containing a minimum of 20,000 square feet of gross floor area, up to a maximum of 50,000 square feet of gross floor area.
A commonly shared or used vehicular way that connects or serves two or more properties.
A device used to collect and/or transmit wireless communications or radio signals including, but not limited to, panels, microwave dishes, wires, and single poles known as "whips." A communications antenna, as described herein, shall not be considered as a part of the communications antenna support structure (also known as a communications antenna support tower) for the purpose of calculating setback requirements, or limitations on the height of a communications antenna support structure or tower.
Any pole, monopole, telescoping mast, tower, tripod, lattice construction, steel structure, or similar structure which supports or has attached to it a communications antenna(e).
The vertical distance measured from the base of a communications antenna support structure at the undisturbed grade to the highest point of the structure (exclusive of any attached communication antenna). If the communications antenna support structure is on a sloped grade, then the average between the highest and lowest grades at the base of the structure shall be used in calculating the communications antenna support structure height.
A group home consisting of resident occupants requiring specialized care, custody, or treatment by reason of mental retardation or mental illness, or physical disability, or both, provided that none of the individuals represents in a community living arrangement a risk or danger to himself or others. Specifically excluded from the definition of "community living arrangement" are disciplinary group homes or individuals who are currently engaged in the illegal use of drugs. Where such group home is for the purpose of housing individuals who have successfully completed a supervised drug rehabilitation program and are no longer engaged in the illegal use of drugs or have otherwise been rehabilitated successfully and are no longer engaging in such use, the operators of such group community living arrangement shall, as a condition precedent to the continuation of such operation or facility, submit weekly to the Township Secretary certificates of a qualified laboratory certifying that each resident thereof has been tested to indicate no evidence of the use thereof. Any positive test result or failure to submit such test results on a timely and conforming basis, shall constitute a violation of the certificate of use and occupancy and the use shall forthwith cease and desist. As used within this text and this chapter, the term "illegal use of drugs" shall be as defined in 42 U.S.C. § 12210(d).
A use permitted in a particular zoning district pursuant to the applicable provisions of this chapter.
The ownership arrangement of a dwelling unit in which the interior space (and exterior areas designated for private use in the development plan) is owned by the occupant and the exterior and open space are commonly owned and maintained in accordance with the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq. The unit may be any permitted dwelling type.
An activity involving an environmental protection purpose, including woodlots, arboretums, and wildlife habitats.
An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar, connection or relationship.
The erection, rebuilding, renovation, repair, extension, expansion, alteration, demolition, or relocation of a building or structure, including the placement of mobile homes.
Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption.
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.
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.
The ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, carports, decks, and breezeways, but excluding open patios) by the total area of the lot upon which the buildings are located. See Figure 27-2-A at the end of this section.
The percentage of net lot area covered by any and all impervious surfaces, such as buildings, paved parking areas, paved walks, terraces, and similar surfaces which do not normally absorb rainfall.
A place where the deceased are physically prepared for final interment, primarily by cremation.
A street which is closed at one end and contains adequate turn around radius at the closed end.
The angle between a horizontal line through the lamp center and the line of sight at which the lamp first becomes visible as viewed from normal viewing angles.
Facility licensed by the Commonwealth of Pennsylvania, which provides food service, shelter, supervision, educational, and recreational needs of children, whether or not for remuneration.
A home occupation in which a private residence is used for the care and supervision of between four and six children or adults, not related to the caregiver.
The number of dwelling units per acre, calculated by dividing the total number of proposed dwelling units by the total number of acres within the tract, inclusive of yard area, open space, streets, rights-of-way, and easements.
The number of dwelling units per acre, calculated by dividing the total number of dwelling units by the number of acres developed, inclusive of yard areas and private parking spaces and exclusive of common open space and interior streets, rights-of-way, and those easements outside of yard areas.
The Pennsylvania Department of Environmental Protection. May also be abbreviated as "PaDEP."
Any landowner(s), agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made, a subdivision of land or a land development.
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, clearing, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
The provisions for development, including a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open space, and public facilities.
A private vehicular and pedestrian access between a public street and a parking area within a lot or property.
A private driveway serving two or more lots or properties, the use and maintenance of which is shared among the property owners.
A structure designed or used as the living quarters for one family, intended to be maintained as an independent household unit, provided with separate cooking and sanitary facilities, and having access to the outdoors, either directly or through a common way.
Structures that are intended for human habitation, categorized as follows. Through these definitions, East Fallowfield Township acknowledges that some parties may use different terms in referring to dwelling unit type. See Figure 27-2-B at the end of this section.
SINGLE-FAMILYA building designed for and occupied exclusively as a residence, containing one dwelling unit and having no common party walls.
TWO-FAMILYA building designed for and occupied exclusively as a residence, containing two dwelling units with independent access in the following configurations:
MULTI-FAMILYA building designed for and occupied exclusively as a residence, containing three or more dwelling units. Multifamily dwelling units can occur in a variety of housing configurations including, but not limited to:
TOWNHOUSEA building, each having not more than two common party walls. Each unit has an independent access and open space on two or three sides, including such buildings owned and operated under the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq.
APARTMENTA building containing three or more dwelling units separated by common party walls and utilizing common accessways, including such a building owned and operated as a condominium under the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq.
A specific interest in land, held by a party other than the property owner, that entitles the holder to a specific limited use or enjoyment, and includes, but is not limited to, utility easements and access easements.
Any inn, tavern, or restaurant open to the public in which food and/or alcoholic beverages are consumed on the premises.
Any obstruction or illegal or unauthorized intrusion in a delineated roadway, right-of-way, or on adjacent land.
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as such by East Fallowfield Township.
An identification and analysis of site features designed to preserve and incorporate, to the greatest degree possible, natural, scenic, historic and other, community resources, and open space within development plans.
Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, service, or repair of vehicles designed for use only in farm-related activities is conducted or rendered.
Any animal not expressly included as a farm animal or offered for domestication on a regular basis, such as dogs and cats.
A "family" is one or more individuals (hereinafter called the "primary resident occupants") living together as a single nonprofit housekeeping unit, sharing kitchen and other common facilities, and meeting one of the three criteria listed below, together with any domestic servants and with any specialized individuals required to render assistance, aid or services necessary by reason of any mental or physical disability of one or more of the said primary resident occupants:
One individual.
Two or more individuals related by blood, marriage, or adoption, and including foster children permanently residing in the family unit as a part thereof and placed with the family unit by consent of the natural parents or order of the court or authority of competent jurisdiction.
Five or fewer individuals unrelated by blood or marriage and residing permanently on the premises as part of the family unit.
| The term "family" shall include community living arrangements as herein defined; but shall not include institutional group homes, disciplinary group homes, dormitories, boarding houses, rooming houses, fraternity houses, hotels, day care facilities, or any facilities similar to any of the specifically excluded facilities. |
Federal Emergency Management Agency.
Any freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh, masonry, or vegetation, singularly, or in combination with other materials, two feet or higher, erected to secure or divide one property from another, or part of a property from a remaining part, to ensure privacy, to protect the property so defined, or to enclose all or part of the property. (See also "boundary fence.")
Material, exclusive of structures, placed or depicted so as to form an embankment or raise the surface elevation of the land.
Any pistol, shotgun, rifle, or gun of any type having an explosive discharge, whether single-shot, semi-automatic, or automatic, but excluding air rifles.
The temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood, also referred to in this chapter as the Identified Floodplain Area.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes and adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
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 one-hundred-year magnitude.
The sum of the areas of all floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or primary use, as measured from the interior faces of the walls separating two buildings. Floor area does not include basements, enclosed porches, and attics not used for human occupancy or primary use, nor any floor space in an accessory building or main building intended or designed for the parking of motor vehicles, nor any such floor space intended and designed for accessory heating and ventilating equipment.
The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the gross area, in square feet, of the lot.
A unit of light intensity stated in lumens per square foot and measurable with an illuminant meter, a.k.a. footcandle or light meter.
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.
A building providing commercial storage, service or repair of motor vehicles to the general public. The term shall include auto body repair shops and automated car washes.
An accessory building or part thereof, or part of a principal building used to store one or more vehicles that are owned by the occupants of the premises.
The sensation produced by lighting that causes an annoyance, discomfort, or loss in visual performance and visibility to the eye.
Either a publicly or privately owned and operated course which shall have a minimum of nine holes of golf. Neither a commercial driving range, nor a commercial miniature golf area shall be considered a golf course for the purposes of this chapter.
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale.
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the cultivation of delicate or out-of-season plants for use as a residential addition or separate residential accessory structure, and not for commercial sales.
The total of all floor areas of a building, excluding stairwells, equipment rooms, interior vehicular parking or loading, intended for occupancy and exclusive use by the tenant or owner and not for public use.
Two or more persons unrelated by blood or marriage, living together permanently or for an indeterminate period of time in a single nonprofit housekeeping unit, where such living arrangement arises or continues by reason of a common need for specialized care, custody, or treatment provided in that dwelling unit on a continuing basis. Excluded from the term "group home" are:
Dormitories for housing workers, students, or fraternal members, unless such primary resident occupants qualify, by reason of physical or mental handicap, necessitating such care, custody, and control.
Rooming houses, boarding houses, hotels, motels, or any other arrangement substantially similar to the herein enumerated exclusion.
| Group homes are of three types, viz: community living arrangement; institutional group home; and disciplinary group home. |
A group home where the primary resident occupants are there by reason of a sentence of a court of competent jurisdiction, or an order of any administrative board or agency, any voluntary commitment, in lieu of either, where such order, sentence, or commitment is:
For violation of the criminal statutes of the Commonwealth of Pennsylvania.
For treatment commitment, as a juvenile offender.
For treatment for drug or alcohol addiction abuse or unlawful use.
For a mental illness or mental retardation where such primary resident occupant represents a risk of harm to himself or others.
| The term "group home, disciplinary" shall include halfway houses, probationary community living arrangements, and other court supervised living facilities for prisoners, parolees, or as an alternative sentencing or treatment method. |
An institutional group home shall be any group home other than a community living arrangement or disciplinary group home.
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 and § 22-630 of the Subdivision and Land Development Ordinance [Chapter 22], hedgerows are considered woodlands and regulated as such.
The vertical distance measured from average level of the proposed finished grade at all exterior foundation corners of a building or structure, or at not less than eight equidistant points in the case of a circular structure, to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between the eaves and the ridge for gable, hip and gambrel roofs, provided that chimneys, spires, or any mechanical equipment above the roof such as a stair or elevator bulkheads, tanks and similar projections shall not be included in calculating height but shall not be permitted to exceed the height of the building by more than 25%. Freestanding structures shall not exceed the maximum height of the zoning district within which they are located, unless otherwise provided.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior), or preliminary 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 historical 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 use of a dwelling and/or accessory structure, or part thereof, incidental and accessory to the residential use of the premises and customarily carried on by one or more occupants of the dwelling unit. Home occupations include, but are not limited to, medicine, dentistry, architecture, beauty care, law, art, brokerage, veterinary practice, and sales.
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 must satisfy the requirements as specified in § 27-1712, Subsection 1A.
A nonprofit organization comprised of homeowners or property owners, planned and operated under approved rules and regulations for the purpose of administering needs of residents through the maintenance of community owned property.
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
Domesticated animals normally considered to be kept in or in conjunction with a dwelling unit, such as dogs, cats, small birds, gerbils, and other similar pets normally sold by retail pet stores.
A soil which is formed under saturated conditions including any soil inventoried or described as hydric according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). For the purpose of this chapter, hydric soils shall include, but are not limited to, those soils listed in Appendix 27-1401-1. Where site conditions indicate that the location of hydric soils differs from locations indicated by the SCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the SCS 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 one-hundred-year flood, also referred to in this chapter as the Flood Hazard District.
The quantity of light measured in foot-candles or lux.
Areas which do not absorb precipitation, including paved surfaces, roof tops, patio, and pervious surfaces committed to parking and access.
A productive enterprise engaged in the manufacture or assembly of products or the extraction or excavation of material, the process of which results in the emission of steam, gas, noise, dust, or waste particles into the air or elsewhere.
A productive enterprise not resulting in the emission of steam, gas, noise, dust or waste particles. Light industry includes, but is not limited to offices and warehouses.
A use that is public or quasi-public in nature, including schools, churches, hospitals and convalescent homes, governmental establishments, and certain nonprofit organizations catering to the public.
A lot, or portion thereof; with our without buildings, used for the collection, processing, and storage of used or discarded materials, including but not limited to wastepaper, rags, metal building materials, home furnishings, machinery, vehicles or parts thereof, with or without the dismantling processing, salvage, sale, or other use or disposition of the same. The term includes waste incinerators, waste reprocessing centers, and similar installations and facilities, but excludes from its definition all sanitary landfills and recycling centers. The term also includes the collection on the ground and within buildings or trailers of discarded tires or other automotive parts, whether such activity is the principal use or is accessory to another use, such as an automotive repair facility, unless such waste is stored in dumpsters or other containers and removed from the premises and transported to a lawful disposal, recycling, or reprocessing facility, in accordance with a regular schedule approved by the Board of Supervisors.
A commercial establishment in which dogs or domesticated animals are housed, groomed, boarded, bred, trained, or sold, all for a fee or compensation for six or more dogs or domesticated animals. Such a use shall comply with the requirements of § 27-1716.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose permitted in this chapter involving, (a) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (b) the division or allocation of land or space, whether initially or cumulatively, between or (c) among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with the following exclusions:
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three 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.
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this clause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
Any activity which exposes soils, alters topography, and/or alters vegetation.
A tract or parcel of land that contains a wireless communications facility and associated parking, and may include other uses associated with and ancillary to wireless communication transmission.
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 is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
A plan prepared by a registered landscape architect showing the location, type and size of all proposed plant materials. The plan shall include a planting schedule indicating the type, size, number, and time of planting for all plant materials used within a development.
The planting of turf or other ground cover, or the planting of deciduous and evergreen trees and shrubbery, including the maintenance thereof, for control of erosion or retention of precipitation.
A designated parcel, tract, or area of land established by a plot or otherwise as permitted by law and to be used, developed, or built upon as a unit.
The total land surface contained within the property lines of an individual parcel of land.
The total land surface within the property lines of a lot, exclusive of any street rights-of-way that may overlap a portion of the lot and exclusive of steep slopes, flood hazard areas, wetlands, and easements. And further, for lots requiring one acre or less of net lot area, the said net area shall consist of contiguous land undivided by stream, wetland, floodplain, steep slope, street, right-of-way, easement, stormwater management structure/facility, and other restrictions as may be imposed by the various ordinances of the Township. For lots requiring greater than one acre of net lot area, there shall be at least one acre of contiguous land undivided by stream, wetland, floodplain, steep slope, street, right-of-way, easement, stormwater management structure/facility, and other restriction as may be imposed by the various ordinances of the Township.
A means of developing single-family detached dwellings on lots, some of which are larger and some of which are smaller than is otherwise required, not incorporating areas of common open space within the development and all of which, when combined, represent the average lot size as is required within the district.
A corner lot is one bounded on at least two sides or more by streets, whenever the lines of such streets extend from an interior angle of 135°, or less. All yards adjacent to streets shall be considered front yards. The remaining yards shall be 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 to a street by virtue of being "flag-shaped."
A lot located between and having frontage on two streets that are approximately parallel, with access to the less major street.
The distance in feet between two opposite side lot lines, measured at the building setback line, or for radial lots, the lot width shall be measured at the minimum building setback line.
Unit used to express the light output of a lamp or fixture. The number of lumens striking a square foot of task area determines 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.
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. For floodplain management purposes, the term also includes park trailers, travel trailers, recreational, and other similar vehicles which are placed on a site for more than 180 consecutive days. For insurance purposes, the term does not include park trailers, travel trailers and other similar vehicles.
A parcel (or contiguous parcels) of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
An institution providing secondary health services and medical or minor surgical care to outpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and may include related facilities such as laboratories, training facilities, and medical offices.
A parabolic ground based receptor, together with its pedestal and any other attachments and parts thereof, used or intended to receive radio or electromagnetic waves from an overhead satellite.
A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
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 do 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.
A transportable, single-family dwelling intended for permanent occupancy, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection or placement thereon of a single mobile home with or without permanent foundation.
A parcel or contiguous parcels of land that has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Lots may be sold or rented and shall include all necessary facilities. Special regulations governing mobile home parks are contained in Part 9.
A lot area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment theretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment theretofore or hereafter enacted, where such use was lawfully in existence prior to the amendment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
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.
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 tract or parcel of land in single and separate ownership as of the date of adoption of this chapter.
A tract of land designated and used by the public for active and passive recreation.
Outdoor leisure time activity that involves low cardiovascular endeavors, and facilities that are available to a homeowners association and/or property owners association and offer such activity, such as walking, fishing, bird watching, nature study, nature photography, picnicking, and horseback riding.
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.
The East Fallowfield Township Planning Commission, unless otherwise noted.
A natural person occupying and residing in a dwelling unit or institution as his primary residence, where such person is there for receipt of the services, care, or custody for which the institution or residence was created, and is not there for the purpose of rendering such care, custody, service or treatment.
Soils which, due to their suitability for cultivation and agricultural use, have been classified by the U.S. Department of Agriculture as being in capability units I, II, or III. For the purpose of this chapter, prime agricultural soils shall include, but are not limited to, those soils listed in Appendix 27-1401-2.
That at least 51% of the actual cash value of the structure, less land value, is above existing ground level.
That line which represents the boundary of a lot and is used to delineate ownership of adjacent lots.
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township of East Fallowfield. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
A campus dedicated to multidisciplinary training, exercises, rehearsals and demonstrations involving the police, fire services, and emergency medical services, that encompasses the following uses: administration, classrooms and training building, back-up 9-1-1 center, back-up EOC, defensive driving course, search and rescue building, vehicle fire/rescue area, firing range (indoor), shoot house, K-9 training area, burn building, drill tower, smoke building, hazmat pad, SCBA fill station, liquefied petroleum gas (LPG) burn pad, multipurpose static water source (drafting, water/ice rescue, hydrant system supply), tank car training area, confined space/trench rescue, utility pole prop. A public safety training facility shall not include an armory used for training military reserve personnel.
A place designed and equipped for the conduct of sports and leisure-time activities.
A recreation facility operated as a business and open to the public for a fee.
A recreation facility operated by a nonprofit organization and open only the members or guests of such nonprofit organizations.
A recreation facility open to the general public, operated by either a public or nonprofit agency or organization.
A vehicle which is, (1) built on a single chassis; (2) not more than 400 square feet, measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) not designed for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
An establishment where food and drink are prepared, served, and consumed primarily within the principal building. Such an establishment may include the serving of liquor, by the drink, to the general public, subject to local and state regulations.
A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Any age-restricted development, which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semi-private rooms.
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. For the purposes of this chapter, the riparian buffer shall be divided into two zones:
ZONE ONE: INNER RIPARIAN BUFFERThis zone begins at each edge (i.e., the sloping banks of the stream) 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 very steep slopes (greater than 25%) are located within 35 feet of a watercourse, zone one shall extend the entire distance of this sloped area.
ZONE TWO: OUTER RIPARIAN BUFFERThis zone begins at the outer edge of zone one and occupies a minimum width of 45 feet in addition to zone one. In cases where zone one extends beyond 35 feet due to the presence of very steep slopes, the width of zone two shall be adjusted so that the total riparian buffer width equals a maximum width of 80 feet.
The edge of the existing legal right-of-way line of a public road or street that define the edge of the area within which roadway improvements and expansion can take place.
A public or private highway, road, street, or lane intended for use by vehicular or pedestrian traffic providing access to two or more lots. Roads are classified in accordance with function.
MINOR ARTERIALA road which has as its primary function the movement of relatively high volumes of through traffic at high speeds, with access points that are limited and controlled.
MAJOR COLLECTORA road which has as its primary function the movement of traffic to major facilities and arterial roads at moderate rates of speed.
MINOR COLLECTORA road which has as its primary function the movement of residential traffic to collector roads.
LOCAL ACCESSA road which has as its primary function the movement of traffic to and from abutting properties.
Shall be synonymous with boarding house. A building or parts thereof occupied by four or more unrelated persons, living and sleeping in separate rooms.
An area of sufficient size, topography and structural containment to contain all projectiles fired on a shooting range. The three parts of a safety fan are the direct fire zone, the safety zone, and the ricochet zone.
DIRECT FIRE ZONEArea projecting from the firing positions extending in the direction of fire, from the furthest right and left firing positions to the outer edge of the furthest right and left targets and extending that distance forward the maximum range or the projectile or to a physical barrier of sufficient height and impenetrability to contain any projectile fire on the shooting range.
SAFETY ZONEArea extending 10° to the right and left of the direct fire zone and serves to protect against occasional errant projectiles.
RICOCHET ZONEArea extending 45° right and left of each end of the firing line.
A lot of land, or part thereof, operated and used primarily for the disposal of garbage, refuse, and other discarded materials, including, but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural and residential activities. The operation of a sanitary landfill normally consists of (1) depositing the discarded material in a planned controlled manner; (2) compacting the discarded material in thin layers to reduce its volume; (3) covering the discarded material with a layer of earth; and (4) compacting the earth cover.
A school providing services beyond that of the local public school district or a private school engaged in parallel educational pursuits, such as parochial or charter schools.
Any building or part thereof which is designed, constructed or used for education and instruction in any branch of knowledge.
A resident family farm owned and operated business related to agriculture, including a small machine repair shop, boarding of horses, craftsman shop, including woodworking, cabinetry, metal working, blacksmith shop, fencing service, and sharpening service, conducted commercially within the context of and close proximity to farmstead buildings.
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 timber harvesting shall apply.
A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots, or at another site.
An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
A sanitary sewage collection and treatment system in which sewage flows or is pumped to an area-wide treatment facility that is owned and operated by a municipality, municipal authority, public utility, or some other arrangement involving a third party agreement assuring long-term proper operation, as defined and regulated by the Pennsylvania Public Utilities Commission.
The discharge, firing, or release of a projectile bullet or pellet from any firearm.
A shooting range constructed on the same lot as a single-family dwelling or a working farm, which range is for the exclusive use and enjoyment of the owners and occupiers of the dwelling or farm and their invited guests, and for the use of which no fee, dues, nor membership charge, nor any other charge or fee, however denominated, is made. The shooting range shall be clearly subordinate to the principal use of the premises as a dwelling or farm. Any use by persons other than the occupants thereof shall be totally gratuitous.
A confined, restricted, or dedicated place designed and constructed for shooting firearms, or which such shooting occurs on a regular, repetitive and/or continual basis, and open to use by persons other than residents upon the lot wherein the use is conducted.
A small group of establishments designed, used, or intended to be used for the purchase of goods and/or services, which are grouped together and designed within the context of a community, and so located as to provide easy access.
Any portion of a structure or any device thereto, or any freestanding device that is intended for visual communication through the display of any letter, word, symbol, picture, insignia, barrier, or other display, used for the announcement or advertisement for commercial purposes, as regulated in Part 16. Visual displays promoted by government, civic, religious, or charitable organization made up of flags or insignia are not considered as signs, so long as there is no commercial intent.
The entire area within a single continuous perimeter enclosing the extreme limits of such sign, together with all moldings, battens, cappings, nailing strips, latticing, and platforms which are attached and are part of the sign proper and/or forming an integral part of the display. Signs which are composed of letters, words, or representations only and which do not form a square or rectangular pattern shall be considered to include in sign area a square or rectangle as drawn at the outer limits of the letters, words, or representations.
A sign erected on, or related to, the use of a property on which the uses ceases for a period of six months or more, or any sign which related to a time, event, or purpose which is past.
Signs which identify or advertise home occupations.
Any sign intended to be hung either with or without frames, possessing characters, letters, illuminations, or ornaments applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for this chapter.
A sign directing attention to a business, commodity or service conducted, sold or offered upon the same premises as those upon which the sign is maintained.
A type of temporary sign intended to display the name of the project and/or the contractor, architect, engineer, financier, or similar information pertaining to the project.
A sign conveying instructions with respect to the premises on which it is maintained, such as the entrance and exit of a parking area, a warning sign, a danger sign, and similar information signs.
A sign with two faces which display the same or similar message on each face, with each of the sign faces being parallel to one another or separated by an interior angle of no greater than 45°. In computing the area of a double-faced sign, each face may contain the maximum square footage permitted, unless the interior angle between sign faces is greater than 45°, in which case, all faces shall be included in computing the area of the sign.
A detached sign which shall include any sign, uprights, or braces placed upon or in the ground and not attached to any building.
A sign, other than a freestanding sign, placed directly on the ground without supports or pylons, independent from any building or structure.
A nonflashing or nontwinkling sign which has characters, letters, figures, designs, or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign.
Nonilluminating signs used to direct persons to civic or service clubs, churches, schools, nonprofit organizations, or other public or quasipublic sites or facilities.
Signs erected by the Commonwealth of Pennsylvania Department of Transportation or the Township of East Fallowfield, which are designed to regulate traffic, describe road conditions, or supply directions.
Any temporary sign pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.
Signs that can either be attached or mounted on wheels or transported by flat bed trailer.
A sign which is attached directly to any building wall (perpendicularly) and extends more than 12 inches from the face of the wall.
A temporary sign indicating the development, sale, rental, or lease of the premises on which the sign is located.
A sign erected above and maintained above the roof line, parapet, or eaves of a building.
A sign intended for short-term use, such as a promotional sign notifying or advertising a special event, such as festivals, concerts, or exhibits, business events, or community events.
Signs noting a special event, including fair, circus, bingo, or yard sale, or political election.
Signs of contractors, architects, mechanics, or artisans displayed on a temporary basis on the premises at which services are being performed, or notifying the public of residential or other development.
Any sign erected against the wall of any building, or displayed in windows or doors, or displayed with the exposed face thereof in a plane parallel to the face of said wall, window or door and which sign is mounted at a distance measured perpendicular to said wall not greater than 12 inches.
A temporary or permanent sign which is oriented to the public right-of-way and is located on the inside or outside of a window.
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any adjoining property.
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.
Any tree meeting the definition of "specimen vegetation."
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. It is further provided that an applicant for subdivision or land development approval or other required approval under Part 14 may identify a species or type of tree qualifying as "specimen vegetation"; the Township Board of Supervisors, based upon consultation with the Planning Commission and/or engineering or other consultants, will consider in good faith the applicant's proposed designation of a particular species or type of tree as qualifying for treatment as "specimen vegetation," under the terms, requirements, and directives of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].
For the purposes of this chapter, "specimen vegetation" shall also include identified "species of special concern sites" and shall be subject to the same provisions as "specimen vegetation."
A building designed and utilized for the boarding of horses.
Areas where the average slope equals or exceeds 15%. For the purposes of this chapter, steep slopes are divided into two categories:
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 25%. Small areas of less than 15% slope occurring in the midst of larger areas of steeply sloping ground shall be avenged with the adjoining steeply sloping ground.
VERY STEEP SLOPESThose areas of land where the grade is greater than 25%.
That portion of a building located between the surface of any floor and the ceiling or roof next above it.
An avenue, boulevard, road, highway, freeway, thoroughfare, or any other way used or intended to be used for vehicle or pedestrian traffic, whether public or private.
A local street that is not offered or required to be offered for dedication.
An improved and dedicated cartway, right-of-way and all public improvements owned and maintained by East Fallowfield Township or the Commonwealth of Pennsylvania, and in accordance with the applicable provisions of the Township Subdivision and Land Development Ordinance [Chapter 22].
Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, gas or liquid storage tanks, and other similar items.
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, devisees, transfer of ownership, or building for 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 residential dwelling, shall be exempted.
Telecommunications hardware normally utilized by a consumer, including, but not limited to a telephone handset, pager, two-way radio hand unit and similar devices.
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.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either, (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions, or (2) any alteration of a historic structure, provided the alteration will not preclude the structure's continued designation as a historic structure.
Where, in the judgment of the Township Engineer, at least 90% (based on the cost of improvements for which financial security was posted pursuant to § 509 of the Municipalities Planning Code, 53 P.S. § 10509) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
A reasonably permanent pool or open tank capable of containing or containing water to a depth greater than 18 inches, for the purpose of swimming and/or other water-related recreational activities. Farm ponds, basins or other man-made bodies of water are not swimming pools, unless specifically designed for that purpose.
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing of wood products. This term also includes the terms "tree harvesting" and "logging."
East Fallowfield Township, unless otherwise specified.
The total land surface contained within the property lines on an individual parcel of land, inclusive of the rights-of-way and easements.
Net tract area is determined by removing the following from the gross tract area:
Any slope over 25%.
Floodplain, wetlands, and alluvial soil areas, as defined by this chapter.
Areas within title lines set aside as right-of-way for a street, public or private utilities and all areas of easement including, but not limited to, storm drainage easements, sewage easements, and easements of access, provided that utility easements serving only that particular tract are not excluded.
The line marking the outer edges of the branches of the tree. See Figure 27-2-C at the end of this section.
Common open space which does not have the environmental constraints set forth in § 27-1304, Subsection 1B.
A service, such as sanitary sewerage, water, electric, gas, telephone, or cable television, provided by the public sector or a private company.
A system for supplying safe potable water from a common source to two or more dwelling units that are privately owned and operated.
A system for supplying safe potable water from a single source to a single dwelling unit on the same lot.
A system for supplying safe potable water in sufficient quantities for the proposed use, administered by a municipality, municipal authority, or public utility, as defined and regulated by the Pennsylvania Public Utilities Commission.
An inventory of the source, quantity, yield, and use of groundwater and surface water resources within the Township.
The upper surface of a zone of saturation, except where that surface is formed by an impermeable body.
A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
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 100 feet, whichever is less. Regardless of the presence of hydric soils, the wetland margin shall always extend a minimum width of 25 feet from the edge of the wetland boundary.
Those areas that are inundated or saturated by surface 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 include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection (PaDEP) 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 building or cabinet in which electronic receiving, relay, or transmitting equipment for a wireless communications facility is housed.
The communications antenna(e), communications antenna support structure, wireless communications equipment building, parking and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals.
(1) 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, and herbaceous woodland floor species; (2) any activity which constitutes a land disturbance (i.e., exposes soils, alters topography) within a woodland or hedgerow; (3) woodland disturbance does not include the selective cutting or removal of invasive alien trees, shrubs, vines, or herbaceous species including, but not limited to: 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).
Woodlands consist of a tree mass or plant community in which the tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. For the purposes of this chapter, the extent of the woodland plant community shall be measured from the outer-most dripline of all trees in the community. Woodlands 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 and old fields.
An open, unoccupied space on the same lot with a building normally extending from the street right-of-way or property line toward the structure thereon, measured at the shortest point between the street right-of-way or property line and the structure. The yard in an interior lot extends from the property lines to the structure.
The open, unoccupied space extending from the street right-of-way line to the front of the primary building, including the entire width of that portion of the lot therein. The front yard of a corner lot shall be the area extending inward from the two streets. The front yard of a reverse frontage lot shall be along the streets of principal access. See Figure 27-2-A at the end of this section.
The open, unoccupied space extending from the rear lot line to the rear of the principal building, including the entire width of that portion of the lot therein. The rear yard of a reverse frontage lot is that which is opposite the street of primary access and extends the entire width of the lot. See Figure 27-2-A at the end of this section.
The open, unoccupied space extending from the front yard to the rear yard between the principal building and the nearest side lot line. Side yards may be measured singularly or as an aggregate of both side yards on a lot. In the case of a lot having no street frontage or an odd shape, any yard that is not a front or a rear yard shall be considered a side yard. See Figure 27-2-A at the end of this section.
The municipal officer charged with enforcing the literal terms of this chapter.
A permit required before construction activities are initiated, stating that the land use and other requirements in this chapter will be met.
