[Ord. 2005-9, 12/29/2005, § 201]
Unless otherwise expressly stated, the words and phrases listed in this Part shall be construed throughout this chapter to have the meanings indicated herein. Words in the present tense include the future tense, words in the masculine gender include the feminine, words in the singular include the plural, and those in the plural include the singular. The words "person," "developer," "subdivider," and "owner" include a corporation, unincorporated association, and a partnership or other legal entity, as well as an individual. The words "should" and "may" are permissive. The words "shall" and "will" are mandatory and directive and are not discretionary. The word "Township" means East Nottingham Township, Chester County, Pennsylvania; the term "Board of Supervisors" or "Board" means the Board of Supervisors of East Nottingham Township unless specifically indicated otherwise or in Part 22, where the term "Board" means "Zoning Hearing Board"; the term "Zoning Hearing Board" means the Zoning Hearing Board of East Nottingham Township; and the term "Planning Commission" means the Planning Commission of East Nottingham Township. Where terms or words are not specifically defined, they shall have their ordinarily accepted meanings or such as the context may imply.
[Ord. 2005-9, 12/29/2005, § 202; as amended by
Ord. 2006-3, 11/14/2006, § I; by Ord. 2007-3, 3/29/2007, § 1;
by Ord. 2007-7, 11/19/2007, § 2; by Ord. 2009-18, 7/13/2009, § 3;
and by Ord. 2011-26, 10/17/2011, § 2]
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
A building with less than 2,000 square feet of ground floor
area, subordinate to the principal building on a lot and used for
purposes customarily incidental to those of the principal building.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
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A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore, adult novelty or
adult video store. Such other business purposes will not serve to
exempt such commercial establishments from being categorized as an
adult bookstore, adult novelty store or adult video store so long
as one of its business purposes is the offering for sale or rental
for consideration the specified materials which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
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A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or semi-nudity.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, adult theater,
escort agency, massage parlor, nude model studio and sexual encounter
center.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
Have the meaning ascribed to it in the Pennsylvania Construction
Code Act, 35 P.S. § 7210.101 et seq., as the Act and such
definition may be amended from time to time.
The use of a property for agriculture, as defined herein.
The cultivation of the soil and the raising and harvesting
of the products of the soil including, but not limited to, nurserying,
horticulture, mushroom growing, and the breeding and raising of customary
domestic animals.
One thousand pounds live weight of livestock or other animals,
regardless of the actual number of individual animals comprising the
unit.
A device used to collect and/or transmit wireless communications,
radio, and television signals, including panels, microwave dishes,
wires, and single poles known as "whips." This definition shall not
include private residence-mounted satellite dishes or television antennae
or amateur radio equipment, including without limitation ham and/or
citizen band radio antennae.
A monopole or a lattice-construction steel structure designed
and intended solely for the support of, and attachment to it, of one
or more commercial communications antennas and appurtenant communications
equipment; a tower.
The vertical distance measured from the base of a commercial
communications antenna support structure at the undisturbed grade
to the highest point of the structure. If the commercial communications
antenna support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the commercial
communications antenna support structure height.
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting short-wave or citizens band
radio frequencies or for receiving television, radio or similar frequencies,
but not including a satellite dish antennae or a commercial communications
antennae.
The height of a standard antenna and/or standard antenna
support structure shall be measured as follows:
The height of a standard antenna and/or standard antenna support
structure unsupported by a separate foundation which is attached to
a building shall be measured from the average level of the finished
grade along the exterior of the building to which the antenna is attached
to the top of the highest point of the antenna.
The height of a standard antenna and/or standard antenna support
structure which has a separate foundation and is also attached to
a building (not on the roof) shall be measured from the ground level
at the point where the antenna is anchored to the ground to the top
of the highest point of the antenna.
The height of a standard antenna and/or standard antenna support
structure which has a separate foundation and is detached from any
building shall be measured from the average ground level of a circle
with a center where the antenna is anchored to the ground and extending
a radius of 10 feet to the top of the highest point of the antenna.
Any pole, monopole, telescoping mast, tower, tripod, lattice
construction steel structure or similar structure which supports or
has attached to it a standard antenna(s).
The cross-sectional area of all stems of a species or all
stems in a stand, measured at breast height (4.5 feet above the ground)
and expressed on a per acre basis.
Any area of the building having its floor below ground level
on all sides. A basement shall be considered a building story if more
than 33.3% of the perimeter walls are five feet or more above grade
and if the net area of the door or window openings in the exterior
walls is equal to not less than 10% of the enclosed floor area.
A residential accessory use located wholly within an owner-occupied
single-family detached residential dwelling providing public lodging
rooms not meeting the definition of "dwelling unit" and facilities
for serving food prepared within the building to registered transient
guests.
A type of off-premises advertising sign which conveys a commercial
or noncommercial message unrelated to the activity conducted on the
lot where the sign is located, or a sign which directs attention to
a business, commodity, service, entertainment, or attraction sold,
offered, or existing elsewhere than on the same lot where the sign
is located.
The Board of Supervisors of East Nottingham Township.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
The total ground floor area of all buildings on a lot, expressed
as a percentage of the net area of the lot on which they are located.
A building's vertical measurement from the mean level
of the ground surrounding the building to the highest point of the
roof, provided that chimneys, spires, towers, elevator, and other
unoccupied utility penthouses, tanks, and similar projections shall
not be included in calculating the height.
An established line within a lot defining the minimum required
distance between any principal building and an adjacent street right-of-way
line or other front, side, or rear lot line, and which is sufficient
to provide for the minimum lot width or to provide for the minimum
yard requirements for the particular district as specified by this
chapter.
A story partly underground but having at least 1/2 of its
height (measured from finished floor to finished ceiling) below the
average height of the finished grade where such grade abuts the exterior
walls of the building. A cellar shall not be counted as one story
in determining the permissible number of stories.
A burial place or graveyard, including a mausoleum, crematory,
or columbarium, in which human or animal remains are buried. A cemetery
may be operated, in accordance with the terms of this chapter, as
a principal use or as a use accessory to agriculture, a church, or
a dwelling. The interment or scattering of remains of properly cremated
humans is not regulated by this chapter.
All sites designated by the Secretary of the Interior as national
historic landmarks.
All buildings, sites, structures, and objects listed individually
in the National Register of Historic Places.
All buildings and structures classified as certified historic
structures by the Secretary of the Interior.
All buildings, sites, structures, and objects documented as
contributing resources in a National Register Historic District.
Any resources which have received a determination of eligibility
(DOE) by the Pennsylvania Historical and Museum Commission (PHMC).
Any buildings, sites, structures, or objects documented as contributing
resources within any historic district which has received a determination
of eligibility (DOE) from the PHMC.
Has significant character, interest or value as part of the
development, heritage or cultural characteristics of the Township,
county, region, commonwealth or nation, or is associated with the
life of a person significant in the past.
Is associated with an event of importance to the history of
the Township, county, region, commonwealth or nation.
Embodies distinguishing characteristics of an architectural
style or engineering specimen.
Is the noteworthy work of a designer, architect, landscape architect
or designer, or engineer whose work has significantly influenced the
historical, architectural, economic, social, or cultural development
of the Township, county, region, commonwealth or nation.
Has yielded, or may be likely to yield, information important
in prehistory or history.
Exemplifies the cultural, political, economic, social or historical
heritage of the community.
Is listed in the East Nottingham Township Historic Resources
Inventory.
A logging method that removes all trees, or the vast majority
of all trees, from a tract of land or a portion thereof. Clear cutting
shall be deemed to occur when a lot has been cleared to less than
30 basal feet/acre.
An establishment operated for social, athletic, recreational,
or educational purposes, generally open to members only and not to
the public.
A building or cabinet in which electronic receiving, relay,
or transmitting equipment for a wireless communications facility is
housed.
Any mixing, combining, processing, aerating, packaging, shipping,
or similar use of any composting materials or storing processed compost
for the purpose of sale or distribution. The term commercial composting
operations shall include all manure storage operations and land application
of any composting materials, but shall not include the manure resulting
from an on-site agricultural operation, nor manure product being spread
on fields as fertilizer for agriculture. The term shall include spent
mushroom growing substrate, as well as material being processed to
be used as "fresh" mushroom compost.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any organic waste material, including, but not limited to,
the manure of any animal, organic material produced or reclaimed from
cleaning any barn or other building used for raising of agricultural
products, livestock, poultry or horse stable or similar structure,
or any other organic material which is stored, combined, processed,
aerated, packaged, shipped for reuse or application on any property
or any additional processing.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure including
the placement of mobile homes.
A retail use structure and associated facilities providing
convenience items and services to the general public including, but
not limited to, the sale of food, beverages, personal care items,
automotive fuel and lubricants, and similar items, and automatic teller
machine banking facility.
A facility providing supervision of minors or special needs
adults by individuals other than family members for which a fee may
or may not be charged. A day care facility shall not provide overnight
accommodations. A day care facility shall not be a school as defined
by this chapter, except as noted herein.
ADULT DAY CAREA use providing supervised care and assistance primarily to persons who are mentally retarded and/or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimer's disease or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent.
CHILD DAY CAREA use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. Such use shall comply with all applicable federal and state laws. The care of children by their own relatives is permitted without regulation by this chapter.
FAMILY DAY CAREA type of day-care use that provides care for six or fewer children at one time, in addition to children who are relatives of the caregiver, when permitted by special exception as a home occupation.
DAY CARE AS A PRINCIPAL USEA type of day-care use that provides care for seven or more persons at any one time, in addition to persons who are relatives of the primary operator; such facility shall constitute the principal use of the property.
DAY CARE AS AN ACCESSORY USEA type of day-care use where the provision of day-care service is incidental and secondary to the principal use of a lot (e.g., a church nursery or employee day care facility).
The razing or destruction, whether entirely or in significant
part, of a building, structure, site, or object. Demolition includes
the removal of any building, structure, or object from its site, or
the removal or destruction of the facade or surface.
Any landowner, agent of such landowner, or tenant with the
permission from a landowner, who makes or causes to be made the improvements
associated with a subdivision or 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 and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The diameter of a tree at breast height, usually measured
3 1/2 feet from the ground surface.
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit, and having no cooking or sanitary facilities
in common with any other dwelling unit. Dwellings may be classified
as follows:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access, and open space on all sides.
The term "single-family detached dwelling" shall be deemed to include a "sectional or modular home" which is designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent perimeter foundation and which complies with this chapter and the Uniform Construction Code (UCC), which is the Township Building Code [Chapter 5, Part 1].
A "group home," as defined by this chapter, shall be deemed
a single-family detached dwelling.
A mobile home or manufactured home, as defined below, shall
be deemed a single-family detached dwelling.
MOBILE (MANUFACTURED) HOMEA transportable dwelling intended for permanent occupancy by one family, contained in one unit or in more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so as to be used without a permanent foundation, including any addition or accessory structure, such as porches, sheds, decks, or additional rooms. A mobile home shall meet the construction standards set by the U.S. Department of Housing and Urban Development, but is not required to meet the Uniform Construction Code (UCC), which is the Township Building Code [Chapter 5, Part 1]. The term includes park trailers, travel trailers, and recreational and other similar vehicles that are placed on a site for more than 180 consecutive days. The terms "mobile home" and "manufactured home" have the same meaning.
TWO-FAMILYA building containing two dwelling units (detached or semidetached) including, but not limited to, twin or duplex:
MULTI-FAMILYA building containing three or more dwelling units including, but not limited to, quadraplex (fourplex, four-family), townhouse (single-family attached), and apartment buildings:
QUADRAPLEXA building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.
TOWNHOUSEA building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units, and open space to the front and rear (internal units) or front, rear, and one side (end units).
APARTMENTA building, not exceeding 2 1/2 stories in height, containing three or more dwelling units separated by party walls, which may have more than one dwelling unit from ground to roof, common outside accesses, and in which no more than six dwelling units have common hallways and entrances.
A permanent right-of-way granted for limited use of private
land, for a private, public or quasi-public purpose (e.g., utility,
drainage, public access, conservation). The owner of the property
shall have the right to make any other use of the land that is not
inconsistent with the rights of the grantee.
A legal agreement between a property owner and an appropriate
conservation organization or governmental entity, through which the
property owner establishes certain use restrictions over all or portions
of the property for conservation purposes.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
A stand of trees composed of a single age class in which
the range of ages is usually +/- 20% of the total stand rotation.
A single person occupying a dwelling unit and maintaining a
household.
Two or more persons related by blood, marriage, formal foster
relationship, or adoption occupying a dwelling unit, living together
and maintaining a common household, including not more than two boarders,
roomers, or lodgers.
Not more than four unrelated persons occupying a dwelling unit,
living together and maintaining a common household.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
A flagstaff designed and solely intended for the patriotic
display of the flag of the United States of America, or its armed
forces, the Commonwealth of Pennsylvania or any political subdivision
thereof, or the flag of a group or organization, or combination thereof,
and for no other purpose. A flag pole shall not include a standard
antenna, a standard antenna support structure, a commercial communications
antenna support structure, tower, antenna, or any other structure
designed, intended, or capable of supporting any other use or purpose.
A temporary inundation of normally dry land areas.
The highest level of flooding that, on the average, is likely
to occur every 100 years, i.e., that has a one-percent chance of occurring
each year, as delineated by maps and related materials developed by
the Federal Emergency Management Agency for the National Flood Insurance
Program.
A relatively flat or low land area adjoining, a river, stream,
or watercourse which is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation of runoff of
surface waters from any source.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduces
or eliminates flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
The designated area of a flood plain required to carry and
discharge flood waters of a given magnitude. For purposes of the chapter,
the floodway shall be capable of carrying and discharging the waters
of the one-hundred-year flood.
The sum of the area of the several floors of a building or
buildings, measured from the face of the exterior walls or from center
lines of walls separating two buildings. In particular, floor area
includes, but is not limited to, the following:
Basement space if it meets the requirements of a building story.
Elevator shafts, stairwells, and attic space (whether or not
a floor has been laid) providing structural headroom of eight feet
or more.
Roofed terraces, exterior balconies, breezeways or porches,
provided that over 50% of the perimeter of these is enclosed.
My other floor space used for dwelling purposes, no matter where
located within the building.
The area of accessory buildings.
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.
Composting materials as herein defined being prepared and
processed for the purpose of creating a medium in which to grow mushrooms.
An establishment, approved by the Pennsylvania Board of Funeral
Directors, wherein a licensed funeral director conducts the professional
practice of funeral directing, including the preparation, care, viewing,
and funeral services for deceased humans. A funeral home shall not
include a cemetery, columbarium, mausoleum, or entombment.
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 purposes of this chapter.
A dwelling unit occupied by a maximum of four unrelated individuals,
suffering a medically recognized mental or physical impairment or
disability not currently requiring hospitalization, residing together
as a single housekeeping unit and using cooking facilities and certain
household rooms in common as though they were a family unit.
The term "group home" shall not include any use meeting the
definition of a "treatment center" or "personal care home."
The term "group home" shall not involve the housing or treatment
of persons who could reasonably be considered a threat to the physical
safety of others.
The term "group home" shall not involve the housing or treatment
of people whose residence at the home is transient in nature.
The term "group home" shall not apply to a facility where profit
motive of the operator is the basis of the relationship among the
residents.
A group home shall be subject to the regulations applicable
to a single-family detached dwelling in the zoning district in which
it is located.
A space in or attached to a building for living, sleeping,
eating, or cooking. Decks, porches, and garages shall be considered
habitable space.
Garbage, refuse, or sludge from an industrial or other waste
water treatment plant; sludge from a water supply treatment plant
or air pollution control facility, and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations, and from community activities; or a combination
of the above; which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may do one of the following:
Cause or significantly contribute to an increase in mortality
or increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
A Class I or Class II historic resource as defined in § 27-2502 and this Part, and which is listed on the East Nottingham Township Historic Resource Inventory.
A study of the potential impacts of proposed land development and/or land disturbance on nearby historic resources, including study of potential means to mitigate negative impacts, required to be submitted to the Township in certain land development scenarios, in accordance with § 27-2511 of this chapter.
The East Nottingham Township Historic Resources Inventory, a list and corresponding map indicating the locations of all Class I and Class II historic resources in the Township, including both principal and contributing resources, to which the provisions of §§ 27-2503 through 27-2505 of this chapter apply.
Any structure that is designated a Class I or Class II historic
resource.
A building, structure, or site located within East Nottingham
Township that is:
A use that is customarily accessory to a principal residential
use, but that does not meet the criteria for a no-impact home occupation
and requires review and approval as a special exception by the Zoning
Hearing Board in accordance with the standards of this chapter.
A use that is customarily accessory to, and carried on within,
a dwelling unit by one or more residents of such dwelling unit in
accordance with the standards of this chapter. Such use shall be clearly
secondary to the principal residential use, and shall meet the standards
for a "no-impact home business" contained in the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
A building or group of two or more buildings located on a
lot held in single and separate ownership, designed, intended, and
used principally for providing sleeping accommodations to the transient
public in rooms or suites which may include a kitchen facility, and
which are provided with a daily maid service. The following ancillary
facilities may be provided as an integral part of a hotel, motel,
or inn, provided, however, that no gambling or electronic gambling
devices shall be permitted: restaurant, meeting rooms, banquet facilities,
and shops for the sale of books, papers, magazines, clothing, and
sundries to guests; recreation facilities for use only by registered
guests, such as a swimming pool, exercise area or room; and similar
ancillary facilities commonly accessory to a hotel, motel, or inn.
Those soils identified as hydric soils or soils with hydric
inclusions in the Soil Survey of Chester and Delaware Counties.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
A surface which prevents the penetration of water into the
ground, including roofs, concrete, asphalt, composed shale, sidewalks,
etc. Any area which may be designed initially to be semi-pervious
(e.g., gravel, crushed stone, porous pavement, etc.) shall be impervious
surface for the purpose of calculations.
An appurtenance developed by human design including, but
not limited to, buildings, structures, objects, landscape features,
and manufactured units, including by way of example mobile homes,
boats, docks, carports, storage buildings, utilities, and driveways.
Any plant species, native or exotic, that disrupts the natural
diversity of an ecosystem by aggressively out-competing native species.
Such species shall include, but not be limited to, those regulated
under the Pennsylvania Noxious Weed Control Law, 3 P.S. § 255.1
et seq.
An area and/or structure used for the collection, storage,
and/or sale of used and discarded materials including, but not limited
to, house furnishings, wastepaper, scrap metal, building materials,
machinery, or wrecked, disabled, or unregistered vehicles or parts
thereof, with or without the dismantling, processing, salvaging, or
other use or disposition of same. Two or more wrecked, disabled, currently
unregistered vehicles or vehicles without a current inspection sticker,
or the major parts thereof, excluding farm vehicles or vehicles contained
in a towing service impoundment area, shall constitute a junkyard
and shall only be stored in a licensed junkyard. Toxic wastes, radioactive
materials, poisons and other substances that are potentially harmful
to man, as well as the collection, storage, and/or disposal of tires
unattached to a vehicle, are excluded from this definition and prohibited
as part of a junkyard operation.
A place for the keeping, breeding, and/or boarding of more
than four dogs or similar domestic animals for commercial purposes.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with § 503(1.1)(i) and (iii)
of the Municipalities Planning Code, 53 P.S. § 10503(1.1)(i),
(iii). The addition of an accessory building or construction of any
agricultural building on a lot or lots subordinate to an existing
principal building shall not be considered a land development for
purposes of this chapter.
The addition or expansion of access driveways and parking lots
less than 2,000 square feet shall not be considered land development
for purpose of this chapter.
The addition of features to an existing development in order to conform to the requirements of Part 17 of this chapter (i.e., lighting, screening, landscaping, etc.) shall not be considered land development.
The legal or beneficial owner or owners of land, including
for purposes of this chapter the holder of an option or contract to
purchase (whether or not such option or contract is subject to any
condition), a lessee if he is authorized under the lease to exercise
the rights of the landowner, or other person having a proprietary
interest in land.
A forestry activity involving the cutting down and removal
of trees and logs to be converted to any forest product or for sale
to others. Logging shall not include the cutting and removal of trees
as part of a Christmas tree farm operation or when part of site preparation
in association with an approved subdivision or land development plan.
A parcel of land held in single and separate ownership, undivided
by any street or dedicated future street right-of-way. Such parcel
shall be separately described by metes and bounds, the description
of which is recorded in the office of the Recorder of Deeds of Chester
County by deed description or is described by an approved subdivision
plan recorded in the office of the Recorder of Deeds of Chester County.
The area of land contained within the property lines of a
lot as defined in the deed or as shown on an approved subdivision
plan.
The gross area of the lot, but excluding the following conditions
or features:
Any area within an existing or proposed right-of-way or easement
for aboveground or underground utilities, including water supply and
wastewater facilities, other than for local service.
Any area comprising a stormwater management basin, lake, or
pond, but not including on-lot berms.
Any area delineated as a wetland.
Any area which has existing natural slope exceeding 25%.
Any area designated by the Township as floodplain.
Any portion of an access strip connecting an interior lot to
a street.
Any area within the first 25 feet of the Riparian Corridor Conservation
District.
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Where a lot contains land with more than one of the above features,
such area shall be excluded once in calculating the net lot area.
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A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the lot line for such portion of the lot as abuts such street shall
be deemed to be the same as the street line, and shall not be the
center line of the street, or any other line within the street line
even though such may be the property boundary line.
The lot line abutting any street and coinciding with any
street line. In the case of a corner lot, each of the two (or more)
street-abutting lot lines shall be considered a front lot line. In
the case of an interior lot, the front lot line shall be the line
most parallel and closest to the street line at the end of the access
strip; all other lines shall be side or rear lot lines.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line. In the case of a corner lot, any
lot line that is not a front lot line or a side lot line.
Any lot line not a front or rear lot line; in the case of
a corner lot, any lot line that intersects a front lot line shall
be considered a side lot line.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
A lot bounded on at least two sides by streets whenever the
lines of such streets extended 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.
A lot which does not adjoin a street but is connected thereto
by an access strip of required minimum width. Minimum lot area and
other dimensional requirements shall be those of the applicable zoning
district, and shall be met on that portion of the lot exclusive of
the access strip. The access strip must be a fee simple portion of
the lot, but shall not be counted as part of the minimum lot area
required by applicable zoning provisions.
A lot which does not conform to the minimum width, depth,
or area dimensions specified for the district where such lot is situated
but was lawfully in existence at the time of enactment of this chapter
or a prior zoning ordinance, or is legally established through the
granting of a variance by the Zoning Hearing Board.
A lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the local street. The front yard of said lot shall be the local
street for setback purposes.
[Amended by Ord. No. 2020-01, 7/14/2020]
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
See "mobile home" within the definition of "dwelling unit."
An establishment in which personal massages are offered to
customers or clients but excluding any establishment or use therein
which would be prohibited by the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
The area upon which an individual mobile home shall be placed
in a mobile home park.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more mobile or manufactured
homes for nontransient use.
Pennsylvania Act 247-1968, 53 P.S. § 10101 et seq.
Structures for which the start of construction commenced
on or after August 17, 1985, and includes any subsequent improvements
thereto, for the purpose of complying with the requirements of the
National Flood Insurance Program.
Plant material that is undesirable or offensive due to unsightliness,
threats to health, or prolific and uncontrollable growth. For purposes
of this chapter, noxious vegetation shall include, but not be limited
to, ragweed, multiflora rose, Canada thistle, Japanese honeysuckle,
oriental bittersweet, and other such vegetation as shall be determined
by the Pennsylvania Department of Agriculture.
Any place where a person who appears semi-nude, in a state
of nudity or who displays specified anatomical areas and is observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration. Nude
model studio shall not include a proprietary school licensed by the
Commonwealth of Pennsylvania or an establishment within an educational
use as defined in this chapter.
The showing of the human male or female genitals, public
area, vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has one-percent chance of occurring each year,
although the flood may occur in any year).
A parking space consists of:
The total area of impervious surface, exclusive of building
coverage, on a lot, expressed as a percentage of the net area of the
lot on which such surface is located.
Includes a firm, company, corporation, partnership, proprietorship,
trust, organization, association or any other legal entity, as well
as an individual. Person shall include the partners of such partnership,
the officers of such organization, association, or corporation, the
trustees of such trust and all individuals of which such legal entity
is comprised.
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
developmentally disabled, and that is licensed as a personal care
home by the Commonwealth of Pennsylvania. Not more than eight residents,
together with the operator and any required support staff, shall occupy
a personal care home.
An institution or structure that people use primarily to
participate in or hold religious services, meetings, and other religious
related activities. The term shall include any building, other than
a principal residence, in which the religious services of any denomination
or faith are held.
A type of shopping center, designed for three or more commercial
uses, in which the scale, design, and type of uses are intended to
maximize compatibility with traditional village and neighborhood commercial
settings, and which can be accessed by pedestrians and vehicles.
The Planning Commission of East Nottingham Township.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner
because any trees cut are of poor quality or are too small or otherwise
of limited marketability or value.
A person who has a B.S. or higher degree in forestry from
a four-year school of forestry associated with or accredited by the
Society of American Foresters.
A parcel or parcels of land, an area of water, or a combination
of land and water which, regardless of ownership, is restricted from
further subdivision or development for other than open space purposes
permitted in accordance with this chapter.
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; (4) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
The process of returning a property to a state of utility
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historical, architectural, and cultural values.
The creation of two or more dwelling units within an existing
single-family detached dwelling, with the resulting units each having
independent kitchen, bath, and sleeping facilities.
The following types of restaurants are addressed by this
chapter:
RESTAURANTAn establishment that sells ready-to-eat meals to the public which are clearly primarily consumed within the building or the place of business, and where waiters and/or waitresses serve the clear majority of non-buffet food and beverages to patrons while the customers are seated. Unless otherwise stated, such restaurant shall not include a drive-through lane.
FAST-FOOD RESTAURANTA restaurant that sells ready-to-eat meals to the public and which does not meet the definition of a "restaurant" in Subparagraph (1), above. This use typically involves customers making orders at an inside window or service area or cafeteria line, with the food consumed either at seating areas within the building or off the premises, and which typically involves customers eating the food outside of the building relatively frequently.
RESTAURANT WITH DRIVE-THROUGH SERVICEA restaurant that includes service to customers remaining seated in automobiles, either through an exterior window or service area or through service to parked automobiles.
A tract or tracts of land, controlled by one applicant, to
be developed as a single entity for residential purposes, in which
the otherwise applicable lot sizes and densities for the zoning district
are modified in exchange for the retention and permanent protection
of open space.
Areas surrounding surface water bodies, including creeks,
lakes, intermittent watercourses, and wetlands that intercept surface
water runoff, wastewater, subsurface flow, and/or deep groundwater
flows from upland sources and function to remove or buffer the effects
of associated nutrients, sediment, organic matter, pesticides, or
other pollutants prior to entry into surface waters. These areas may
also provide wildlife habitat, control water temperature, attenuate
flood flow, and provide opportunities for passive recreation. These
corridor areas may or may not contain trees and other native vegetation.
Any instance in which an animal is running about loose on
a street, or upon the property of a person other than the owner of
such animal, unleashed and unaccompanied by the owner or custodian
or any member of the owner's family or by any servant or agent
of the owner of such animal.
A lot or portion of a lot 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 shall be permitted only in compliance with
the terms of this chapter; it shall normally consist of:
Depositing discarded material in a planned, controlled manner.
Compacting the discarded material in thin layers to reduce its
volume.
Covering the discarded material with a layer of earth.
Compacting the earth cover.
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A sanitary landfill shall comply fully with all aspects of the
definition for such a facility contained in the applicable regulations
of the Pennsylvania Department of Environmental Protection.
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A private, nonprofit educational facility for academic instruction,
located as an accessory use on a property of at least 20 acres that
is actively involved in agriculture.
An educational use properly certified by the Commonwealth
of Pennsylvania, including: pre-school, elementary/middle, or secondary
school; college; or similar non-public educational facility for academic
instruction, but excluding: (i) private vocational or similar adult
trade school or training center; (ii) therapeutic, rehabilitative,
or correctional institution; and (iii) any principal residential use.
An educational use operated and/or administered by the Oxford
Area School District or its lawful successors, including: public pre-school,
elementary/middle, or secondary school; charter school when in accordance
with the regulations of the Commonwealth of Pennsylvania; or similar
educational facility for academic instruction.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby, and that does not primarily
provide state-required education to persons under age 18; may include,
e.g., dancing school, martial arts school, or ceramics school, or
private vocational school.
The felling of certain, but not all, trees in an area for
purposes of:
A building or group of buildings divided into individual,
separately accessed units that are rented or leased for the storage
of personal and small business property.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
Individual system. The disposal of sewage by use of septic tanks
or other safe and healthful means, approved by the Chester County
Health Department and generally within the confines of the lot on
which the use is located.
Community system. A sanitary sewage system in which sewage is
carried from individual dischargers by a system of pipes to one or
more common treatment and disposal facilities. Treatment and disposal
may occur either on-site or off-site, and shall be approved by the
Pennsylvania Department of Environmental Protection.
Public system. Any system designed and operated by the Oxford
Area Sewer Authority for the treatment and disposal of sewage in which
sewage is conveyed by a system of pipes to an off-site, publicly-operated
treatment facility and disposed of through means approved by the Pennsylvania
Department of Environmental Protection.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
Any device for visual communication which is used or intended
to attract the attention of the public with a purpose of identifying,
when display of the device is visible beyond the boundaries of the
public or private property upon which the display is made. The term
"sign" shall not include any flag or badge or insignia of the United
States, State of Pennsylvania, Chester County, East Nottingham Township,
or official historic plaques of any governmental jurisdiction or agency.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any adjoining property.
Unusable woody material such as large limbs, tops, cull logs,
and stumps that remain after a logging operation.
Digested sewage treatment plant sludge or other commercial
waste materials which any person seeks to spread or place on the land,
other than commercially prepared and sold agricultural fertilizers
and agriculturally-produced animal wastes.
Any activity involving the breeding, raising, caring for,
housing, and principally the hobby/personal use of domestic animals
and/or products derived from those animals for use by the occupant,
owner, or lessee of the lot on which such use is located. Such animals
may include, but need not be limited to, equine species such as horses
and ponies, camelids such as llamas and alpacas, and other species
not defined as household pets or regulated elsewhere in this chapter;
the term shall not include poultry, fowl, or the operation of a kennel.
Incidental sales of animals or animal products directly associated
with the use may be permitted; however, no stock-in-trade sales, mail
order business, sales building or sales area shall be permitted. A
small-scale livestock use shall be considered accessory to single-family
detached dwelling or other permitted principal use located on the
same lot; otherwise, the livestock use shall be considered the principal
use for all regulatory purposes.
A scientific survey of soil conditions and characteristics
prepared by the former United States Soil Conservation Service or
current Natural Resources Conservation Service; in particular, the
Soil Survey of Chester and Delaware Counties (1963), as it may be
updated or amended.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernible turgid state, even if completely covered.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy.
Excretory functions as part of or in connection with any of
the activities set forth in Subparagraphs (1) and (2) above.
Any material or substance remaining, which is no longer used
for growing mushrooms, after the mushroom growing cycle is complete,
and the crop harvested. The material generally consists of organic
material such as straw, manure, hay, cobs, peat moss, and/or soil
as remains after crop harvest. This definition shall be deemed to
include "aged spent mushroom compost" which is the material remaining
after the spent mushroom compost has been subjected to natural elements
for a period of time, after which the fibrous constituents thereof
have been naturally conditioned by the elements, leaving a primarily
humus-type material suitable for potting soil or topsoil.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
The given weight of a particular animal, whether mature or
immature, used to determine how many animals comprise an "animal unit"
as defined by this chapter. For example, the standard weight for a
mature horse for nondraft breeds shall be 1,000 pounds and for draft
breeds shall be 1,700 pounds. Standard animal weights shall be as
listed in Table A of 25 Pa. Code § 83.262 of the Pennsylvania
Nutrient Management Rules and Regulations.
The date of issuance of a building permit, provided the actual
start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the state
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
A tall tapering structure narrowing to a point at the top
that is located on the roof of or is a part of the superstructure
of a church or other place of worship.
That portion of a building located between the surface of
any floor and the ceiling or roof next above it.
The boundary of a stream channel within which is contained
the volume of surface water of the stream under normal flow conditions.
A surveyed line established in the middle of the surface
water of a stream, running parallel to and equidistant from each bank
under normal flow conditions.
A way intended for general public use to provide a means
of approach for vehicles and pedestrians. The word "street" includes
the words "road," "highway," "thoroughfare," and "way."
The line dividing a lot from the full street right-of-way,
not just the cartway. The word "street" shall include, but not be
limited to, the words "road," "highway," and "thoroughfare."
Any material or combination of materials which are constructed
or erected, the use of which requires location on or in the ground
or water, or attached to something located on or in the ground or
water, including but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
A structure which does not comply with the applicable area/bulk,
floor area, and/or design standards of this chapter, but which was
lawfully in existence prior to the enactment of this chapter or a
prior zoning ordinance.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development. 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.
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:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications,
which have been identified by the local health, sanitary, or safety
code specifications, which have been identified by the local code
enforcement official and which are the minimum necessary to assure
safe living conditions.
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
A temporary or permanent structure containing a pool of water
with a depth of more than two feet, which is used or intended to be
used for swimming or bathing.
The Township of East Nottingham.
One or more lots assembled and presented as a single property
for purposes of subdivision or land development.
The total acreage of a tract lying within existing property
lines, as defined by the deed, prior to the initiation of subdivision
or land development.
The gross area of a tract, but excluding the following conditions
and features:
Any area within an existing right-of-way or easement for: (a)
a public or private street; or (b) above-ground or underground utilities,
including water supply and wastewater facilities, other than for local
service.
Any area comprising an existing lake or pond.
Any area delineated as a wetland.
Any area which has existing natural slopes exceeding 25%.
Any area designated by the Township as floodplain.
Any area within the first 25 feet of the Riparian Corridor Conservation
District.
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Where a tract contains land with more than one of the above
features, such area shall be excluded once in calculating the net
tract area.
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A use (other than a correctional facility) providing housing
facilities for more than five persons who need specialized housing,
treatment, and/or counseling for stays that are routinely less than
one year and who need such facilities because of:
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol.
Addiction to alcohol and/or a controlled substance.
A type of mental illness or other behavior that could cause
a person to be a threat to the physical safety of others.
A medically recognized mental or physical impairment or disability
not currently requiring hospitalization.
A building used for the temporary storage of goods and materials,
generally for subsequent distribution to other locations and not involving
retail activities.
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained, or occupied,
or any activity or occupation carried on, or intended to be carried
on, in a building or other structure or on a tract of land.
A permit issued by the Zoning Officer prior to the lawfully
permitted use or change in use of any structure, building, or the
land thereon, in accordance with the terms of this chapter.
A use subordinate to the principal use of land or a building
on a lot and customarily incidental thereto.
Certain specified uses which may be suitable in certain areas
of a district and are allowed or denied by the Board of Supervisors
after recommendation by the Planning Commission pursuant to express
standards and criteria set forth in this chapter.
A use conducted by East Nottingham Township or an authority
of which the Township is a member, this use does not include a school.
A use which does not comply with the applicable use provisions
of this chapter, but which was lawfully in existence prior to the
enactment of this chapter or a prior zoning ordinance.
A use that does not require zoning approval as a use by the Zoning Hearing Board or the Board of Supervisors, but may require plan approval under the terms of the Township Subdivision and Land Development Ordinance [Chapter 22].
The single dominant use or single main use on a lot.
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
chapter, and provided the Zoning Hearing Board finds that the use
complies with the conditions and standards required by this chapter.
Relief granted from the terms of this chapter, pursuant to the provisions of Part 20 of the chapter and Articles VI and IX of the Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
A system which (1) is owned and/or operated by the Township,
a municipal authority organized by the Township, a public utility
or a bona fide association of lot or building owners, (2) serves only
one community, residential subdivision, or commercial or industrial
development and (3) is not interconnected with other water supply
systems.
A system which provides water to the public for human consumption
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
The term includes collection, treatment, storage and distribution
facilities under control of the operator of the system and used in
connection with the system. The term includes collection or pretreatment
storage facilities not under such control which are used in connection
with the system. The term also includes a system, which provides water
for bottling or bulk hauling for human consumption. Water for human
consumption includes water that is used for drinking, bathing, and
showering, cooking, dish washing or maintaining oral hygiene.
A system for supplying water from a common groundwater source
or sources to multiple users. A water supply, central system must
either be a public water supply system or a community water supply
system.
A system for supplying water to a single user from a private
groundwater source located on the same lot as the use.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations,
whichever is more inclusive.
An open space on the same lot with a building or group of
buildings measured from specified lot lines which restricts the locations
of buildings and structures and which is required to be unoccupied
and unobstructed from the ground upward, except as herein permitted.
A yard extending the full width of the lot parallel to the
front lot line and extending in depth from the front lot line to the
nearest point of any part of a structure on the lot; the front yard
shall contain no buildings. The minimum depth of a front yard shall
be as measured from the ultimate right-of-way of any existing or proposed
street.
A yard extending the full width of the lot parallel to the
rear lot line and extending in depth from the rear lot line to the
nearest point of any part of a structure on the lot.
A yard extending from the front yard to the rear yard measured
parallel to each side lot line, and contained entirely within the
lot.
The Zoning Hearing Board of East Nottingham Township.
A map of East Nottingham Township indicating the location
of boundaries for each zoning district.
The Township officer charged with enforcing the literal terms
of the chapter, and the representative agent of the Zoning Hearing
Board.
