[Ord. 2002-06, 11/11/2002, § 201; as amended by
Ord. 2007-06, 10/30/2007, § 1; by Ord. 2007-07, --/--/2007,
§§ 1, 2; by Ord. 2009-09, 12/22/2009, §§ 1,
2; by Ord. No. 2023-02, 3/28/2023]
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.
ABANDONMENT
A use of property, land, or building which is discontinued
with no intent to resume the use.
ACCESSORY BUILDING
A building subordinate to the principal building with which
it is associated and used for purposes customarily incidental to those
of the principal building.
ACCESSORY USE
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.
ACT 247
The Pennsylvania Municipalities Planning Code, as amended,
53 P.S. § 10101 et seq.
ACTIVE RECREATION (ACTIVE RECREATIONAL OPEN SPACE)
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.
ADDITION
An extension or increase in floor area of a building, contiguous
to the building, whether habitable or not.
AGRICULTURAL OPERATION
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. The keeping of chickens as an accessory to a residential use under Section
27-1702 shall not qualify as an agricultural operation.
AGRICULTURAL USE, INTENSIVE
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.
ALTERATION
Any change, rearrangement, addition, or diminution of the
supporting member of a building, such as walls, columns, beams, joists,
or rafters.
APPLICANT
(1)
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.
(2)
A landowner(s) or developer(s) or authorized agent thereof,
who has submitted an application for development, including his heirs,
successors, and assigns.
APPLICATION FOR DEVELOPMENT
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.
ASSISTED LIVING OR PERSONAL CARE FACILITY
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.
AUTOMOTIVE SERVICE STATION
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.
BASE FLOOD
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.
BASE FLOOD ELEVATION
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.
BASEMENT
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.
BED AND BREAKFAST
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.
BLOCK
That area of land bounded by streets, parks, rights-of-way,
municipal boundaries, natural boundaries, or any combination thereof.
BOARD
The Board of Supervisors of East Fallowfield Township.
BOUNDARY FENCE
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.
BUFFER STRIP
A completely planted visual barrier composed of evergreen
and/or deciduous trees arranged to form an effective visual barrier.
BUILDING
Any structure with a roof, intended for shelter or enclosure
of persons, animals or property.
BUILDING AREA
That ground surface covered by the principal building and
all accessory buildings, measured on a horizontal plane, but not including
uncovered porches and steps.
BUILDING CODE
The Township code regulating construction of buildings and structures. The Township Building Code has incorporated the International Building Code or the Uniform Construction Code [Chapter
5, Part
1].
BUILDING ENVELOPES
That area within a tract or lot further from any lot line
than the mandated applicable front, side, or rear yard setback.
BUILDING, PRINCIPAL
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.
BUILDING, SETBACK LINE
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.
BULK
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.
CALIPER
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.
CARTWAY
The surface of a street or alley available for vehicular
traffic.
CEMETERY
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.
CHICKEN RUN OR PEN
A fenced or other type of enclosure that is mostly open to
the elements, for the purpose of allowing chickens to leave the henhouse
or coop while remaining in a predator-safe environment. The chicken
run or pen is attached to the henhouse or chicken coop.
CHURCH
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.
CIVIC GREEN
An open space area around which dwelling units are placed in a clustered arrangement. A green, typically in the range of 6,500 to 9,500 square feet, serves as an organizing element for homes in an arrangement as set forth in §
27-1305, Subsection
4A(3), and as depicted in Appendix 27-A.
CLEAR-CUTTING
The indiscriminate removal of all trees on a site, or portion
thereof.
COMMERCIAL USE
A use, whether of land or improvement thereto, for the purpose
of engaging in retail or service activity for profit.
COMMERCIAL USE, MAJOR
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.
COMMON OPEN SPACE
The open space that fulfills the requirements set forth in Part
13, exclusive of streets, off-street parking areas, and other features set forth in §
27-1305, Subsection
4A(6).
COMMUNICATIONS ANTENNA
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.
COMMUNICATIONS ANTENNA SUPPORT STRUCTURE HEIGHT
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.
COMMUNITY LIVING ARRANGEMENT
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).
CONDITIONAL USE
A use permitted in a particular zoning district pursuant
to the applicable provisions of this chapter.
CONDOMINIUM
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.
CONSERVATION USE
An activity involving an environmental protection purpose,
including woodlots, arboretums, and wildlife habitats.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar, connection or relationship.
CONSTRUCTION
The erection, rebuilding, renovation, repair, extension,
expansion, alteration, demolition, or relocation of a building or
structure, including the placement of mobile homes.
CONVENIENCE STORE
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.
CONVERSION
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.
CONVERSION, RESIDENTIAL
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.
COVERAGE, BUILDING
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.
COVERAGE, LOT
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.
CREMATORIUM
A place where the deceased are physically prepared for final
interment, primarily by cremation.
CUL-DE-SAC
A street which is closed at one end and contains adequate
turn around radius at the closed end.
CUTOFF ANGLE
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.
DAY CARE CENTER
Facility licensed by the Commonwealth of Pennsylvania, which
provides food service, shelter, supervision, educational, and recreational
needs of children, whether or not for remuneration.
DAY CARE HOME
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.
DENSITY, GROSS
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.
DENSITY, NET
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.
DEP
The Pennsylvania Department of Environmental Protection.
May also be abbreviated as "PaDEP."
DEVELOPER
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.
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.
DEVELOPMENT PLAN
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.
DRIVEWAY
A private vehicular and pedestrian access between a public
street and a parking area within a lot or property.
DRIVEWAY, COMMON
A private driveway serving two or more lots or properties,
the use and maintenance of which is shared among the property owners.
DWELLING UNIT
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.
DWELLING UNIT CATEGORIES
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.
(1)
SINGLE-FAMILYA building designed for and occupied exclusively as a residence, containing one dwelling unit and having no common party walls.
(2)
TWO-FAMILYA building designed for and occupied exclusively as a residence, containing two dwelling units with independent access in the following configurations:
(a)
TWINA building consisting of two units separated by a vertical common party wall, and each having open space on three sides.
(b)
DUPLEXA building consisting of two units separated by a horizontal common party wall, and having open space on all sides.
(3)
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:
(a)
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.
(b)
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.
EASEMENT
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.
ENCROACHMENT
Any obstruction or illegal or unauthorized intrusion in a
delineated roadway, right-of-way, or on adjacent land.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
ENGINEER, TOWNSHIP
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as such by East Fallowfield Township.
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
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.
EQUIPMENT REPAIR, FARM-RELATED
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.
EXOTIC ANIMALS
Any animal not expressly included as a farm animal or offered
for domestication on a regular basis, such as dogs and cats.
FAMILY
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:
(2)
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.
(3)
Five or fewer individuals unrelated by blood or marriage and
residing permanently on the premises as part of the family unit.
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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.
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FEMA
Federal Emergency Management Agency.
FENCE
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.")
FILL
Material, exclusive of structures, placed or depicted so
as to form an embankment or raise the surface elevation of the land.
FIREARM
Any pistol, shotgun, rifle, or gun of any type having an
explosive discharge, whether single-shot, semi-automatic, or automatic,
but excluding air rifles.
FLOOD
The temporary inundation of normally dry land areas.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOOD HAZARD DISTRICT
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.
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.
FLOODPROOFING
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.
FLOODWAY
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.
FLOOR AREA
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.
FLOOR AREA RATIO
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.
FOOTCANDLE
A unit of light intensity stated in lumens per square foot
and measurable with an illuminant meter, a.k.a. footcandle or light
meter.
FORESTRY
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.
GARAGE, AUTO REPAIR, AND SERVICE
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.
GARAGE, PRIVATE
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.
GLARE
The sensation produced by lighting that causes an annoyance,
discomfort, or loss in visual performance and visibility to the eye.
GOLF COURSE
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.
GREENHOUSE, COMMERCIAL
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.
GREENHOUSE, RESIDENTIAL
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.
GROSS FLOOR AREA (GFA)
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.
GROUP HOME
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:
(1)
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.
(2)
Rooming houses, boarding houses, hotels, motels, or any other
arrangement substantially similar to the herein enumerated exclusion.
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Group homes are of three types, viz: community living arrangement;
institutional group home; and disciplinary group home.
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GROUP HOME, DISCIPLINARY
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:
(1)
For violation of the criminal statutes of the Commonwealth of
Pennsylvania.
(2)
For treatment commitment, as a juvenile offender.
(3)
For treatment for drug or alcohol addiction abuse or unlawful
use.
(4)
For a mental illness or mental retardation where such primary
resident occupant represents a risk of harm to himself or others.
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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.
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GROUP HOME, INSTITUTIONAL
An institutional group home shall be any group home other
than a community living arrangement or disciplinary group home.
HEDGEROW
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.
HEIGHT, MAXIMUM
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.
HISTORIC STRUCTURE
Any structure that is:
(1)
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.
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
(3)
Individually listed on a state inventory of historic places
in states with historical preservation programs which have been approved
by the Secretary of the Interior.
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved state program, as determined by the Secretary
of the Interior.
(b)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION
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.
HOME-BASED BUSINESS, NO-IMPACT
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.
HOMEOWNERS ASSOCIATION
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.
HOSPITAL
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.
HOUSEHOLD PETS
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.
HYDRIC SOILS
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.
IDENTIFIED FLOODPLAIN AREA
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.
ILLUMINANCE
The quantity of light measured in foot-candles or lux.
IMPERVIOUS SURFACE
Areas which do not absorb precipitation, including paved
surfaces, roof tops, patio, and pervious surfaces committed to parking
and access.
INDUSTRY, HEAVY
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.
INDUSTRY, LIGHT
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.
INSTITUTIONAL
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.
JUNKYARD
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.
KENNEL
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.
LAND DEVELOPMENT
Any of the following activities:
(1)
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.
(3)
Development in accordance with the following exclusions:
(a)
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.
(b)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
(c)
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.
LAND DISTURBANCE
Any activity which exposes soils, alters topography, and/or
alters vegetation.
LAND SITE
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.
LANDOWNER
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.
LANDSCAPE PLAN
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.
LANDSCAPING
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.
LOGGING PLAN
A written plan for timber harvesting consistent with the requirements of East Fallowfield Township Ord. 97-04, "Timber Harvesting Regulations" [Chapter
13, Part
3]
LOT
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.
LOT AREA, GROSS
The total land surface contained within the property lines
of an individual parcel of land.
LOT AREA, NET
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.
LOT AVERAGING
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.
LOT, CORNER
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.
LOT, INTERIOR
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."
LOT, REVERSE FRONTAGE
A lot located between and having frontage on two streets
that are approximately parallel, with access to the less major street.
LOT, WIDTH
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.
LUMEN
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).
LUX
A unit of light intensity stated in lumens per square meter.
There are approximately 10.7 lux per footcandle.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK
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.
MEDICAL CENTER
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.
MICROWAVE ANTENNA
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.
MINI-WAREHOUSE OR SELF-STORAGE
A structure containing separate, individual, and private
storage spaces of varying sizes leased or rented on individual leases
for varying periods of time.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any 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.
MOBILE HOME
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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection or placement thereon of a single mobile home with or
without permanent foundation.
MOBILE HOME PARK
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.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment 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.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
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.
OLD FIELD
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.
ONE HUNDRED-YEAR FLOOD
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).
PARENT TRACT
A tract or parcel of land in single and separate ownership
as of the date of adoption of this chapter.
PARK, PUBLIC
A tract of land designated and used by the public for active
and passive recreation.
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.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
PRIMARY RESIDENT OCCUPANT
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.
PRIME AGRICULTURAL SOILS
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.
PRINCIPALLY ABOVE GROUND
That at least 51% of the actual cash value of the structure,
less land value, is above existing ground level.
PROPERTY LINE
That line which represents the boundary of a lot and is used
to delineate ownership of adjacent lots.
PUBLIC NOTICE
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.
PUBLIC SAFETY TRAINING FACILITY
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.
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure-time activities.
RECREATIONAL VEHICLE
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.
RECYCLING CENTER
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.
RESTAURANTS AND DRINKING ESTABLISHMENTS
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.
RESTRICTED OPEN SPACE
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.
RETAIL SALES
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.
RETIREMENT COMMUNITY
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.
RIGHT-OF-WAY, STREET
Land set aside for use as a street, alley or other public service or utility. For the purpose of this chapter, the term shall refer to the required minimum right-of-way, as established under Part
6 of the East Fallowfield Township Subdivision and Land Development Ordinance [Chapter
22].
RIPARIAN BUFFER
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:
(1)
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.
(2)
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.
ROAD OR STREET LINE
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.
ROADS
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.
(1)
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.
(2)
MAJOR COLLECTORA road which has as its primary function the movement of traffic to major facilities and arterial roads at moderate rates of speed.
(3)
MINOR COLLECTORA road which has as its primary function the movement of residential traffic to collector roads.
(4)
LOCAL ACCESSA road which has as its primary function the movement of traffic to and from abutting properties.
ROOMING HOUSE
Shall be synonymous with boarding house. A building or parts
thereof occupied by four or more unrelated persons, living and sleeping
in separate rooms.
SAFETY FAN
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.
(1)
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.
(2)
SAFETY ZONEArea extending 10° to the right and left of the direct fire zone and serves to protect against occasional errant projectiles.
(3)
RICOCHET ZONEArea extending 45° right and left of each end of the firing line.
SANITARY LANDFILL
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.
SCHOOL, COMMERCIAL
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.
SCHOOL, PUBLIC OR PRIVATE
Any building or part thereof which is designed, constructed
or used for education and instruction in any branch of knowledge.
SECONDARY FARM BUSINESS
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.
SELECTIVE CUTTING
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.
SEWAGE SYSTEM, COMMUNITY
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.
SEWAGE SYSTEM, ON-LOT
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.
SEWAGE SYSTEM, PUBLIC
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.
SHOOTING
The discharge, firing, or release of a projectile bullet
or pellet from any firearm.
SHOOTING RANGE, ACCESSORY
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.
SHOOTING RANGE, GENERAL
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.
SHOPPING CENTER
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.
SIGN
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.
SIGN AREA OR SIZE
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.
SIGN, ABANDONED
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.
SIGN, BANNER
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.
SIGN, BUSINESS
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.
SIGN, CONSTRUCTION/DEVELOPMENT
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.
SIGN, DIRECTIONAL
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.
SIGN, DOUBLE-FACED
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.
SIGN, FREE-STANDING
A detached sign which shall include any sign, uprights, or
braces placed upon or in the ground and not attached to any building.
SIGN, GROUND
A sign, other than a freestanding sign, placed directly on
the ground without supports or pylons, independent from any building
or structure.
SIGN, ILLUMINATED
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.
SIGN, OFF-SITE DIRECTIONAL
Nonilluminating signs used to direct persons to civic or
service clubs, churches, schools, nonprofit organizations, or other
public or quasipublic sites or facilities.
SIGN, OFFICIAL TRAFFIC
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.
SIGN, POLITICAL
Any temporary sign pertaining to political views, an individual
seeking election or appointment to a public office, or a forthcoming
public election or referendum.
SIGN, PORTABLE
Signs that can either be attached or mounted on wheels or
transported by flat bed trailer.
SIGN, PROJECTING
A sign which is attached directly to any building wall (perpendicularly)
and extends more than 12 inches from the face of the wall.
SIGN, REAL ESTATE
A temporary sign indicating the development, sale, rental,
or lease of the premises on which the sign is located.
SIGN, ROOF
A sign erected above and maintained above the roof line,
parapet, or eaves of a building.
SIGN, TEMPORARY
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.
SIGN, TEMPORARY PROFESSIONAL
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.
SIGN, WALL
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.
SIGN, WINDOW
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.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any adjoining property.
SPECIES OF SPECIAL CONCERN SITES
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.
SPECIMEN TREE
Any tree meeting the definition of "specimen vegetation."
SPECIMEN VEGETATION
Includes:
(1)
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].
(2)
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."
STABLE
A building designed and utilized for the boarding of horses.
STEEP SLOPES
Areas where the average slope equals or exceeds 15%. For
the purposes of this chapter, steep slopes are divided into two categories:
(1)
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.
STORY
That portion of a building located between the surface of
any floor and the ceiling or roof next above it.
STREET
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.
STREET, PRIVATE
A local street that is not offered or required to be offered
for dedication.
STREET, PUBLIC
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].
STRUCTURE
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.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, 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.
SUBSCRIBER EQUIPMENT
Telecommunications hardware normally utilized by a consumer,
including, but not limited to a telephone handset, pager, two-way
radio hand unit and similar devices.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure, whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
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.
SUBSTANTIALLY COMPLETED
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.
SWIMMING POOL
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.
TIMBER HARVESTING
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."
TOWNSHIP
East Fallowfield Township, unless otherwise specified.
TRACT AREA, GROSS
The total land surface contained within the property lines
on an individual parcel of land, inclusive of the rights-of-way and
easements.
TRACT AREA, NET
Net tract area is determined by removing the following from
the gross tract area:
(2)
Floodplain, wetlands, and alluvial soil areas, as defined by
this chapter.
(3)
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.
TREE DRIPLINE
The line marking the outer edges of the branches of the tree.
See Figure 27-2-C at the end of this section.
UTILITY
A service, such as sanitary sewerage, water, electric, gas,
telephone, or cable television, provided by the public sector or a
private company.
VARIANCE
Relief granted in accordance with the provisions of §
27-2207, Subsection
2.
WATER SUPPLY SYSTEM, COMMUNITY
A system for supplying safe potable water from a common source
to two or more dwelling units that are privately owned and operated.
WATER SUPPLY SYSTEM, PUBLIC
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.
WATER SURVEY
An inventory of the source, quantity, yield, and use of groundwater
and surface water resources within the Township.
WATER TABLE
The upper surface of a zone of saturation, except where that
surface is formed by an impermeable body.
WATERCOURSE
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
WETLAND MARGINS
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.
WETLANDS
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.
WIRELESS COMMUNICATIONS FACILITY
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.
WOODLAND DISTURBANCE
(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
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.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
ZONING OFFICER
The municipal officer charged with enforcing the literal
terms of this chapter.
ZONING PERMIT
A permit required before construction activities are initiated,
stating that the land use and other requirements in this chapter will
be met.