[Adopted 12-21-2000 by Ord. No. 00-04]
As ordinances concerning new subject matter are legislated by the Board of Supervisors, whenever a separate definitions section is included, said definitions will be included in this Chapter 1, Article III, rather than the codified chapter (which will contain a reference statement), even without specific legislative direction to do so.
As used in the Code of the Township of West
Brandywine, the following terms shall have the meanings indicated:
[Note: An asterisk (*) denotes that specified terms may not be deleted
and the definition may not be amended or deleted without written approval
from the Pennsylvania Department of Environmental Protection.]
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth to study or research medical marijuana.
[Added 10-5-2023 by Ord. No. 2023-04]
The removal of the surface of the land through the combined
actions of man and natural processes at a rate which is greater than
would occur from the natural process upon undisturbed land.
Any means for passage of vehicles between property abutting
on a Township road and said road, including only that part of the
driveway which lies within the established right-of-way limits of
said Township road. It also includes such drainage structures as may
be necessary for the proper construction and maintenance thereof.
A subordinate building, the use of which is customarily incidental
to the principal building and is used as an accessory use and is located
on the same lot. Accessory buildings shall be further defined as "minor
accessory buildings" when the square footage of the footprint of the
building is less than 400 square feet.
[Amended 8-20-2009 by Ord. No. 2009-07]
A use subordinate to the principal use of land or of a building
on a lot and customarily incidental thereto.
As used in Chapter 89, a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
[Added 9-21-2017 by Ord.
No. 2017-03]
A measure of land area containing 43,560 square feet.
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq. (Act 247), as amended from
time to time.
As used in Chapter 148, the Act of January 24, 1966, P.L. 1535, as amended, and 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act."
[Added 11-16-2017 by Ord.
No. 2017-08]
A volunteer for a fire company or nonprofit emergency medical service agency meeting the criteria listed under § 170-56C who has complied with, and is certified under, the Volunteer Service Credit Program.
[Added 9-6-2018 by Ord.
No. 2018-05]
The area surrounding the immediate area of the permitted
work which can reasonably be assumed to have been affected by the
permitted work.
[Added 5-16-2013 by Ord. No. 2013-03]
Monetary charge of any character, including contributions,
donations, dues or membership fees, periodic or otherwise, charged
for the privilege of attending or engaging in amusements as hereinafter
defined; provided, "admission" shall not include tax added or charge
expressly subject to the Tax Reform Code of 1971, P.L. 6, No. 2, March
4, 1971, 72 P.S.§ 7101 et seq. (1982) as hereafter amended,
supplemented, modified or reenacted by the General Assembly of Pennsylvania.
Any adult bookstore, adult cabaret, or adult mini-picture
theater, as defined herein and which, under the Pennsylvania Obscenity
Code, must exclude minors or may not knowingly distribute to minors.
[Added 10-4-2001 by Ord. No. 01-02]
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade, whether for sale or rental, books, magazines, videos, novelties, or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities as defined herein.
ADULT CABARETA cabaret, tavern, theater, or club which features strippers, male or female impersonators or similar entertainers who exhibit, display, or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.
ADULT MINI-MOTION PICTURE THEATERAn enclosed building offering video presentations distinguishing or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities for observation by patrons within private viewing booths and/or by use of token- or coin-operated projectors or other video machines.
ADULT THEATERAny business, indoor or outdoor, which exhibits a motion-picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of a massage or body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
As used in Chapter 155, containers comprised of aluminum, tin, steel, or a combination thereof, which contained aerosol substances.
[Added 10-17-2019 by Ord.
No. 2019-04]
A residential development of any number or form(s) of permitted
dwelling units located on a single tract that is designed and operated
for older persons with or without certain accessory uses or support
facilities. The community shall be planned, developed and operated
according to a unified plan under the direction of a single owner
or an agent for the owner (i.e., a homeowners' association). Units
thereof may be sold in fee simple in accordance with the Planned Communities
Act. The residents of the community need not be actually retired from
their occupation or employment; however, to the extent permitted by
law, residency shall be restricted to persons 62 years or older, or
persons 55 years of age or older, if at least 80% of the occupied
units are occupied by at least one person who is 55 years of age or
older; the community publishes and adheres to policies and procedures
that demonstrate the intent required under this definition; and the
community complies with the rules issued by the Secretary for the
Department of Housing and Urban Development for verification of occupancy,
as may be amended. In the event the community is subject to the Act,
the community shall record a declaration of restrictive covenants
and easements.
[Added 10-6-2005 by Ord. No. 05-05;
amended 1-18-2018 by Ord. No. 2018-01]
The production, keeping, or maintenance, for sale, lease,
or personal use, of plants and animals useful to man, including but
not limited to: forages and sod crops; grains and seed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, donkeys,
or goats or any mutations or hybrids thereof, including the keeping
of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds; including grapes,
nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse
products; or lands devoted to a soil conservation or forestry management
program.
Activities associated with agriculture such as agricultural
cultivation, agricultural operation, and animal heavy use areas. This
includes the work of producing crops including tillage, plowing, disking,
harrowing, planting or harvesting crops; or pasturing and raising
of livestock; and installation of conservation measures. Construction
of new buildings or impervious area is not considered an "agricultural
activity."
[Added 12-19-2013 by Ord.
No. 2013-07]
All manure and other nonhazardous waste matter normally accumulated
in or about a stable, or any animal, livestock or poultry enclosure,
as the result of the keeping of animals, poultry or livestock.
The highest point of an airport's useable landing area measured
in feet above sea level. The airport elevation of the Chester County
G.O. Carlson Airport is 660 AMSL.
[Added 6-2-2016 by Ord.
No. 2016-03]
Any structure or object, natural or manmade, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous, as defined
in 14 CFR Part 77 and 74 P.S. § 5102.
[Added 6-2-2016 by Ord.
No. 2016-03]
A relatively level land area covered with a material which
provides safe access in all weather conditions, including but not
limited to crushed stone and pavement.
A right-of-way providing secondary vehicular access to the
side or rear of two or more lots.
Clean, nonaerosol and empty all-aluminum beverage containers.
Above mean sea level.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
As used in Chapter 86, a roofed structure or facility, or a portion of the facility, used for occupation by livestock or poultry.
[Added 5-2-2024 by Ord. No. 2024-01]
Any exterior transmitting or receiving device mounted on
a telecommunications tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 9-21-2017 by Ord.
No. 2017-05]
All manner or form of entertainment, diversion, sport, pastime
or recreation within West Brandywine Township for which admission
is charged or paid.
American National Standards Institute.
[Added 12-20-2012 by Ord. No. 2012-08]
As used in Chapter 86, the American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
[Added 5-2-2024 by Ord. No. 2024-01]
A landowner or developer, as hereinafter defined, who has
filed an application for development including his or its heirs, personal
representatives, successors and assigns.
As used in Chapter 129, an individual desiring to solicit or peddle within West Brandywine Township on behalf of any person as hereinafter defined.
[Added 7-2-2020 by Ord. No. 2020-03]
As used in Chapter 163, the person or entity filing an application under this article[1] for a permit. Once a permit has been issued, the applicant,
or his assignee if the assignment of the permit shall have been approved
by the Township's Public Works Director or the Township's Engineer
or his designee, shall be deemed the "permittee."
[Added 5-16-2013 by Ord. No. 2013-03]
The written request to solicit and/or peddle within West
Brandywine Township on an application form approved by the Chief of
Police of West Brandywine Township or his/her designee.
[Added 7-2-2020 by Ord. No. 2020-03]
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for building permit, or
for the approval of a subdivision plan or plot.
An imaginary surface longitudinally centered on the extended
runway centerline and extending outward and upward from each end of
the primary surface. An approach surface is applied to each end of
the runway based on the planned approach. The inner edge of the approach
surface is the same width as the primary surface and expands uniformly
depending on the planned approach. The approach surface zone, as shown
in Figure 1, is derived from the approach surface. Figure 1 is attached
hereto as Exhibit B.[2]
[Added 6-2-2016 by Ord.
No. 2016-03]
The words "approved," "acceptable," "satisfactory," or of
like import, shall mean approved for general conformance with design
concept by the Engineer unless another meaning is plainly intended
or otherwise specifically stated. This approval shall not relieve
the contractor and developer of the responsibility for producing a
complete and satisfactory end result.
Engineering or site plans or drawings that document the actual locations, dimensions and elevations of the improvements, and building components, and changes made to the original design plans. The final version of these documents, or a copy of same, are signed and sealed by a qualified licensed professional and submitted to the municipality at the completion of the project, as per the requirements of § 161-502 as "final as-built plans."
[Added 12-19-2013 by Ord.
No. 2013-07]
A partnership, limited partnership or any other form of unincorporated
enterprise owned or conducted by two or more persons other than a
private trust or decedent's estate.
Any device, bell, horn or siren, which is attached to the
interior or exterior of a building and emits a warning signal audible
outside the building and designed to attract attention when activated
by a criminal act or other emergency requiring police or fireman to
respond.
West Brandywine Township Municipal Authority.
The person or organization duly appointed by the Authority
as consultant and authorized to observe the results of the sewer work
under contract by the contractor, acting directly or through properly
authorized agents, engineers, assistants, inspectors or other representatives
acting within the scope of the particular duties entrusted to them.
The word "Engineer" shall include the officers, agents and employees
of the Engineer and may also be the Township Engineer.
The Township Zoning Officer, a sewage enforcement officer, employee of the Township, professional engineer, plumbing inspector or any other qualified or licensed person who is authorized to function within specified limits as an agent of West Brandywine Township to administer or enforce the provisions of Chapter 148, Sewers, Article IV, Individual Disposal Systems.
An electrically or battery operated instrument composed of
sensory apparatus and related hardware which automatically transmits
any form of alarm or signal, including but not limited to, a prerecorded
voice alarm from the premises to the Police Department Radio Network
upon receipt of a stimulus from a sensory apparatus that has detected
a physical force or condition inherently characteristic of intrusion
or fire.
Any person, firm, or corporation who sells or leases, and/or
installs automatic protection devices.
Material used to replace excavated soils or other materials,
or the act of replacing material that has been removed during construction.
[Added 5-16-2013 by Ord. No. 2013-03]
The channel at the top-of-bank or point from where water
begins to overflow onto a floodplain.
[Added 12-19-2013 by Ord.
No. 2013-07]
The layer or layers of specified or selected material of
designed thickness placed on a subbase or a subgrade to support a
surface course.
[Added 5-16-2013 by Ord. No. 2013-03]
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or one-percent annual chance flood).
[Added 9-21-2017 by Ord.
No. 2017-03]
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
[Added 9-21-2017 by Ord.
No. 2017-03]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 9-21-2017 by Ord.
No. 2017-03]
Portion of stream discharge derived from groundwater; the
sustained discharge that does not result from direct runoff or from
water diversions, reservoir releases, piped discharges, or other human
activities.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any area of the building having its floor subgrade (below
ground level) on all sides.
As used in Chapter 89, any area of the building having its floor below ground level on all sides.
[Added 9-21-2017 by Ord.
No. 2017-03]
A single-family dwelling containing guest rooms available
for short-term overnight rental and providing breakfast service to
overnight guests.
Clean, nonaerosol and empty food or beverage containers made
from two metals; usually consisting of steel and aluminum sides or
tops.
A form of a ground sign or freestanding sign, which advertises
goods, materials or services not offered on the same premises as that
upon which the sign is located.
[Amended 1-16-2020 by Ord. No. 2020-01]
The framework, supports, display face(s) and electrical components
of the billboard.
[Added 1-16-2020 by Ord. No. 2020-01]
A tract of land bounded by streets, or by a combination of
streets, railroads, watercourses, public lands or boundary lines of
the Township.
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to provide water quality treatment, infiltration, volume reduction, and/or peak rate control, to promote groundwater recharge, and to otherwise meet the purposes of Chapter 161. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In Chapter 161, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices from large-scale retention ponds and constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the site.
[Added 12-19-2013 by Ord.
No. 2013-07]
The Board of Supervisors of West Brandywine Township.
A dwelling which provides sleeping accommodations on a weekly
or monthly basis, the occupants of which are nontransient and share
a common dining facility on the premises.
An outdoor fire utilized for ceremonial purposes burning
solid fuel materials (firewood) with a total fuel area of not more
than six feet square by six feet in height.
[Added 6-1-2017 by Ord.
No. 2017-02]
Any premises or plant wherein alcohol or liquor is manufactured,
made and distilled from raw materials, blended or rectified, or any
place wherein alcohol or liquor is produced by any method suitable
for the production of alcohol, where licensed by the Pennsylvania
Liquor Control Board (PLCB) and operated in accordance with PLCB regulations.
The brewery or distillery may include a tasting room, restaurant,
and retail sales for on-premises or off-premises consumption in accordance
with PLCB regulations.
[Added 10-5-2023 by Ord. No. 2023-04]
A structure, including supports, erected over a depression
or an obstruction, such as water, a street or railway, and having
a track or passageway for carrying traffic or other moving loads and
having an opening measured along the center of the cartway of more
than 20 feet between supports.
[Added 5-16-2013 by Ord. No. 2013-03]
See "riparian buffer" for use in Chapter 161.
[Added 12-19-2013 by Ord.
No. 2013-07]
A land area, void of building and structures, which is reserved
and designed for the purpose of providing a visual and acoustical
barrier between incompatible land uses, including earthen berms, landscaping
and fencing.
A type of structure which has enclosing walls and a roof
and rests on a permanent masonry foundation, intended for supporting
or sheltering any use or occupancy.
As used in Chapter 89, 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.
[Added 9-21-2017 by Ord.
No. 2017-03]
Any person or entity engaged in the business of cement or
concrete contracting, masonry contracting, carpenter contracting or
as an excavating or general building contractor; and any person or
entity engaged in the construction, alteration or repair of buildings
or other structures, road construction or building development for
which a permit is required under the applicable zoning, subdivision
or building ordinances of the Township.
The percentage of net lot area or net tract area, as applicable,
which is covered by all buildings and structures.
[Amended 7-17-2003 by Ord. No. 03-10]
As used in Chapter 148, the piping that collects the discharge from all other drainage piping inside the building and extends 30 inches in developed length of piping, beyond the exterior walls and conveys the drainage to the building sewer.
[Added 11-16-2017 by Ord.
No. 2017-08]
The vertical distance measured from the average level of
finished grade along all exterior walls of a building to:
An established line within a property defining the minimum required distance between any structure to be erected and an adjacent street line (see Appendix at end of Chapter 200).
An established line within a property defining the minimum required distance between any building to be erected and the nearest boundary of the street line or front lot line (see Appendix in Chapter 167).
The extension from the sanitary sewage drainage system of
any structure to the lateral of a sewer; the term "building sewer"
shall also include the terms "building sewer service line" and/or
"house connection."
As used in Chapter 148, that part of the drainage system that extends from the building drain and conveys its discharge to a public sewer, private sewer, individual sewage disposal system, community sewer or other point of discharge.
[Added 11-16-2017 by Ord.
No. 2017-08]
A device, fitting or assembly of fittings installed on the
building service line drain to prevent circulation of air between
the drainage system of the building and the building sewer.
The size of buildings or other structures and their relationships
to each other, to open areas such as yards and to lot lines and, therefore,
includes:
Stoves, refrigerators, water tanks, washing machines, furniture,
mattresses not containing hazardous materials and all other nonhazardous
waste materials other than construction debris.
Limited to one item of bulk waste or an additional combination
of two thirty-three-gallon containers or bags.
[Amended 2-6-2003 by Ord. No. 03-08]
An outdoor fire utilized for cooking and/or ceremonial purposes
burning solid fuel materials (firewood) with a total fuel area of
not more than three feet square by three feet in height.
[Added 6-1-2017 by Ord.
No. 2017-02]
As used in Chapter 155, containers comprised of aluminum, tin, steel, or a combination thereof, which contained nonaerosol substances.
[Added 10-17-2019 by Ord.
No. 2019-04]
See "karst" for use in Chapter 161.
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 155, plastic- or wax-coated containers such as gable top milk and juice containers, take-out food containers, broth and tea containers, and juice drink boxes.
[Added 10-17-2019 by Ord.
No. 2019-04]
That portion of a street improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
[Amended 5-16-2013 by Ord. No. 2013-03]
As used in Chapter 155, printed materials soliciting products for sale to the reader.
[Added 10-17-2019 by Ord.
No. 2019-04]
The office of the Chester County Health Department administering
the issuance of permits and promulgating the regulations governing
holding tanks in the various municipalities of Chester County.
That portion of a building which is partly or completely
below grade, provided a minimum of 1/2 its height is below grade and
if the net area of the door and window openings is at least equal
to 10% of the enclosed floor area.
A burial place for those who have passed away to be interned within a concrete vault, mausoleum, or urn, in accordance with all applicable laws or requirements of the Commonwealth of Pennsylvania and Chapter 200, Zoning.
A statement signed, issued and enforced by the Code Enforcement Officer upon completion of construction of a new building or upon change or conversion of the structure or use of a building which establishes that a building complies with all requirements and regulations as provided in Chapter 200, Zoning, and other applicable codes, and that the same may be used for the intended use.
Cubic feet per second.
[Added 12-19-2013 by Ord.
No. 2013-07]
The time period in which the display of an electronic sign/billboard
must remain static and during which the display may not transition
to display another advertisement.
[Added 1-16-2020 by Ord. No. 2020-01]
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
As used in Chapter 161, a natural or artificial open drainage feature that conveys, continuously or periodically, flowing water and through which stormwater flows. Channels include, but shall not be limited to, natural and man-made drainageways, swales, streams, ditches, canals, and pipes flowing partly full.
[Added 12-19-2013 by Ord.
No. 2013-07]
A tax-exempt organization formed by a group of volunteers,
seeking to provide beneficial services to the poor, disabled, the
aging, and for sites of established historical, architectural or aesthetical
value, as defined in Act 141.[3]
The Chief of Police of West Brandywine Township, or his or
her designee.
[Added 7-2-2020 by Ord. No. 2020-03]
The indiscriminant or complete removal of all trees on a
site, or any portion thereof greater than 0.5 acre in contiguous area,
during a single timber harvesting operation or within a five-year
period.
[Added 11-21-2002 by Ord. No. 02-05]
The portions of right-of-way beyond the pavement edge within
which no existing obstructions are located.
[Added 5-16-2013 by Ord. No. 2013-03]
An area of unobstructed vision at street intersection defined by lines of sight between points at a given distance from the intersection of the street center lines (see Appendix in Chapter 167).
An arrangement of buildings which allows for grouping by
reducing lot sizes and the amount of required public improvements
and by creating common open space areas.[4]
Curve number.
[Added 12-19-2013 by Ord.
No. 2013-07]
A person employed or appointed by the Township to administer
and enforce the adopted ordinances of the Township.
[Added 5-16-2013 by Ord. No. 2013-03]
Those properties used for commercial or industrial purposes.
Any structure intended to be used wholly or in part for the purposes of carrying on a trade, business or profession or for social, amusement, religious, educational, charitable or public uses. (Exclusive of a singular home occupation as defined by Chapter 200, Zoning, provided that nonindustrial wastes are discharged.)
Planning Commission of West Brandywine Township.
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 of enjoyment of residents of the development but not including
streets, and off-street parking areas. Common open space shall be
substantially free of structures but may contain such improvements
as are in the subdivision or development plan as finally approved
and as are appropriate for the recreation of residents.
Commonwealth of Pennsylvania.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment including without limitation ham
or citizen band radio antennas.
[Added 9-21-2017 by Ord.
No. 2017-05]
An unmanned building or cabinet not exceeding 250 square
feet containing communications equipment required for the operation
of communications antennas.
[Added 9-21-2017 by Ord.
No. 2017-05]
A structure other than a building, such as a monopole tower,
designed and used to support communications antennas, including distributed
antenna systems.
[Added 9-21-2017 by Ord.
No. 2017-05]
Any activity or event sponsored or organized by a public
or nonprofit organization for recreational, cultural, educational,
or civic purposes, which will be attended by 200 or more individuals
per day.
Any system, whether publicly or privately owned, for the
collection of sewage of a liquid nature from two or more lots, and
the treatment and/or disposal of the sewage on one or more of the
lots or at any other location for final disposal in whole or in part
into the soil. This includes land application by spray irrigation.
The certificate of the Engineer approved by the Authority
or Township indicating general conformance to plans and specifications
of all work performed under the contract.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
[Added 10-19-2006 by Ord. No. 06-10]
A use which may not be generally appropriate to a particular zoning district, but which may be suitable in certain locations within the district only when specific conditions prescribed for such use within Chapter 200, Zoning, are present. Conditional uses are granted or denied by the Board of Supervisors after a hearing to determine whether or not such conditions are present.
A type of ownership of real property, wherein each unit is
individually owned in fee simple, while land and appurtenances remain
under common ownership in accordance with the Uniform Condominium
Act of 1980.[5]
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 1,[6] is based on the conical surface.
[Added 6-2-2016 by Ord.
No. 2016-03]
The Chester County Conservation District.
[Added 12-19-2013 by Ord.
No. 2013-07]
A plan written by a planner certified by NRCS that identifies
conservation practices and includes site specific BMPs for agricultural
plowing or tilling activities and animal heavy use areas.
[Added 12-19-2013 by Ord.
No. 2013-07]
Practices installed on agricultural lands to improve farmland,
soil and/or water quality which have been identified in a current
conservation plan.
[Added 12-19-2013 by Ord.
No. 2013-07]
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations.
The observation of the work performed by the contractor to
ascertain its conformity with Township and Authority standards and
specifications.
As used in Chapter 86:
[Added 5-2-2024 by Ord. No. 2024-01]
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this commonwealth.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
at all times throughout this commonwealth.
A design concept applicable to transportation networks, development
patterns, streets, alleys, buildings, architecture, pedestrian amenities,
open spaces, landscaping, streetscaping, accessory building, utility
poles, wireless communication facilities, and the like, in which the
design of the aforementioned item(s) is complimentary to and integrated
with the aesthetics of its adjacent environs, which may range in scope,
at the discretion of the Township, from the immediate area surrounding
the item in question to the Township as a whole. Also may be referred
to as "context sensitivity."
[Added 9-21-2017 by Ord.
No. 2017-05]
The written agreement executed between the Developer and
the contractor covering performance of the work and the furnishing
of labor, materials and equipment in the construction of sewer extensions
and appurtenances to the sewage collection system.
As used in Chapter 74, Article I, an agreement, whether oral or written, and whether contained in one or more documents, between a contractor and an owner or another contractor for the performance of work, including all labor, services, and materials to be furnished and performed thereunder.
[Added 8-5-2021 by Ord. No. 2021-03]
As used in Chapter 74, Article I, any person, other than the bona fide employee of the owner, who undertakes or offers to perform construction, installation, repair, roofing, remodeling, rehabilitation, demolition, plumbing, HVAC, electrical, fence installation, hardscaping, excavation and any other residential or nonresidential construction or demolition work in the Township, whether as a general contractor, subcontractor, specialty contractor, or home improvement contractor with respect to the owner.
[Amended 6-18-2009 by Ord. No. 2009-02; 8-5-2021 by Ord. No. 2021-03]
A retail business with primary emphasis placed on providing
the public a convenient location to quickly purchase from a wide array
of consumable products (predominantly food or food and gasoline) and
services.
[Added 10-5-2023 by Ord. No. 2023-04]
A natural or manmade, existing or proposed facility, feature or channel used for the transportation or transmission of stormwater from one place to another. For the purposes of Chapter 161, "conveyance" shall include pipes, drainage ditches, channels and swales (vegetated and other), gutters, stream channels, and like facilities or features.
[Added 12-19-2013 by Ord.
No. 2013-07]
The distance at an intersection of two roads between the
near edge of the access driveway approach and the point of intersection
of the pavement edges or the curb line extended.
A corporation, joint-stock association, business trust or
banking institution which is organized under the laws of this commonwealth,
the United States or any other state, territory, foreign country or
dependency.
As used in Chapter 155, structural paper material with an inner core shaped grid of parallel furrows and ridges.
[Amended 10-17-2019 by Ord. No. 2019-04]
Properties exceeding 10 acres in gross tract area and generally of a rural agricultural character where special uses are approved in accordance with the provisions of § 200-15B. If, at any time, subdivision of a country property is approved, such that any resulting lot(s) contain less than 10 acres, such lot(s) shall no longer meet the definition of "country property." Any lot(s) resulting from the subdivision of a country property which remain greater than 10 acres in gross tract area shall continue to be eligible for conditional use approval under § 200-15B.
[Added 10-4-2001 by Ord. No. 01-02]
Areas of a subdivision or land development particularly subject
to erosion and sedimentation, such as areas not covered with vegetation
due to grading, cutting or filling, which contain exposed subsoils
or mixtures of soil horizons, or excessively long slopes or steep
grades.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
Any structure under the cartway with an opening of 20 feet
or less measured along the center of the cartway.
[Added 5-16-2013 by Ord. No. 2013-03]
Flood-related damages sustained by a structure on two or
more separate occasions during a ten-year period for which the cost
of repairs at the time of each such flood event, on average, equals
or exceeds 25% of the market value of the structure before the damages
occurred.
[Added 9-21-2017 by Ord.
No. 2017-03]
Refers to that portion of the right-of-way adjacent to state
or Township roads.
The diameter of a tree at breast height, measured 4.5 feet
from the ground surface at the point of highest elevation in contact
with the trunk of such tree.
A unit of sound level.
[Added 12-20-2012 by Ord. No. 2012-08]
A form signed by the property owner to agree not to convert
or modify in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
[Added 9-21-2017 by Ord.
No. 2017-03]
The allowable number of dwelling units per acre, calculated
by dividing the total number of dwelling units proposed by the total
number of acres within a tract of land.
The allowable number of dwelling units per developed acre,
calculated by dividing the total number of units for a given dwelling
type by the number of acres so developed, exclusive of open space,
streets and easements.
The bureau or office of the Department of Environmental Protection
of the Commonwealth of Pennsylvania administering the issuance of
permits and promulgating the regulations governing the issuance of
permits for holding tanks.
Pennsylvania Department of Transportation.
[Added 6-2-2016 by Ord.
No. 2016-03]
A publication containing PennDOT's utility relocation and
accommodation policies, including any amendment thereto and any substitution
or replacement thereof.
[Added 5-16-2013 by Ord. No. 2013-03]
Minimum standards for the layout by which a subdivision or
land development is developed.
Design standards for holding tanks as established by DEP
(25 Pa. Code Subsection 73.61 et seq.) as well as all relevant installation
and location standards established by such regulations, and specifications
for the design, installation and removal of holding tanks as set forth
in "West Brandywine Township's Rules and Regulations" are incorporated
herein by reference as though set forth at length.[7]
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of stormwater management systems. Also see "return
period."
[Added 12-19-2013 by Ord.
No. 2013-07]
Capture and temporary storage of runoff in a stormwater management
facility for release at a controlled rate.
[Added 12-19-2013 by Ord.
No. 2013-07]
A structure designed to retard surface water runoff for a
period of time sufficient to cause the deposition of sediment and
to retard the velocity and rate of surface flows leaving a site as
a means of preventing erosion.
As used in Chapter 161, an impoundment designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Detention basins are designed to drain completely shortly after any given rainfall event.
[Added 12-19-2013 by Ord.
No. 2013-07]
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any landowner, agent of such landowner to be made a subdivision
of land or a land development.
As used in Chapter 147, the person, partnership or corporation which enters into a contract to install sanitary sewer improvements in and for development within the Township of West Brandywine, acting directly or through properly authorized agents, representatives or employees appointed to act for the developer in the execution of the work of the contract.
As used in Chapter 161, a person who seeks to undertake any regulated activities at a site in the municipality.
[Added 12-19-2013 by Ord.
No. 2013-07]
The person or organization employed by the developer to furnish
plans and specifications for approval of the Authority to furnish
construction lines and grades to the developer's contractor.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or the storage of equipment or materials.
As used in Chapter 89, 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.
[Added 9-21-2017 by Ord.
No. 2017-03]
A written contract between an applicant and the Township
specifying the conditions of final approval by the Township.
The outside bark diameter of a tree at breast height which
is defined as 4.5 feet (1.37 m) above the forest floor on the uphill
side of the tree.
[Added 12-19-2013 by Ord.
No. 2013-07]
The face of a billboard, including copy, insignia, background,
border and trim. The measurement shall be determined by the smallest
rectangle inclusive of all letters and images. The structural support
shall be excluded from the area calculations if it is not used to
directly express or convey a commercial or noncommercial message.
[Added 1-16-2020 by Ord. No. 2020-01]
As used in Chapter 86, large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, salutes containing more than two grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks." Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed 50 mg of salute powder.
[Added 5-2-2024 by Ord. No. 2024-01]
The transportation of waste to an incinerator, sanitary landfill,
resource recovery facility or other lawful site, and making final
disposition.
To scatter, spread out or otherwise place sludge upon property.
Land area disturbed by or where an earth disturbance activity
is occurring or has occurred.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any deed, instrument or writing which conveys, transfers, devises, vests, confirms or evidences any transfer or devise of title to real estate, but does not include wills, mortgages, deeds of trust or other instruments of like character given as security for a debt and deeds of release thereof to the debtor, land contracts whereby the legal title does not pass to the grantee until the total consideration specified in the contract has been paid or any cancellation thereof unless the consideration is payable over a period of time exceeding 30 years, or instruments which solely grant, vest or confirm a public utility easement. "Document" shall also include a declaration of acquisition required to be presented for recording under § 170-43 of the Code of the Township of West Brandywine.
All ordinances, laws, rules, resolutions and regulations
of the Township that are not inconsistent with this article[8] and that are now in force or may hereafter be passed and
adopted.
[Added 2-2-2006 by Ord. No. 06-01]
A sign either mounted on a building or a ground sign intended
to provide information for pedestrian or automobile traffic within
or exterior to a property.
[Added 1-16-2020 by Ord. No. 2020-01]
A ground sign for shopping centers, industrial parks and
office campuses where the names of interior tenants or owners are
identified.
[Added 1-16-2020 by Ord. No. 2020-01]
A network of spatially separated antenna or node sites connected
to a common source that provides wireless service within a geographical
area or structure.
[Added 9-21-2017 by Ord.
No. 2017-05]
The flow of water, liquid waste and the method of directing
such flow, whether natural or artificial.
The upstream water shed area of a drainage basin measured
from a point of discharge in the watercourse.
As used in Chapter 161, that land area contributing runoff to a single point (including but not limited to the point/line of interest used for hydrologic and hydraulic calculations) and that is enclosed by a natural or man-made ridge line.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any structure or improvement designed, intended or constructed
for the purpose of diverting surface waters from or carrying surface
water off streets, public rights-of-way, or any part of any subdivision
or land development.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points.
A private means of vehicular access between a public or private
street to a dwelling unit.
A means of private access serving only two lots which is
completely paved and having a width of 12 feet.
A building or part thereof designed for and occupied as a residence, containing one dwelling unit and having no common or party wall with an adjacent dwelling. Yard area surrounds all sides (see Appendix at end of Chapter 200).
A dwelling in a building containing additional dwelling(s)
and/or nonresidential use(s), separated from other dwelling(s) or
nonresidential use(s) by party walls. A building containing an apartment(s)
may have more than one dwelling unit and/or nonresidential use(s)
from ground to roof and common outside access.
[Added 7-17-2003 by Ord. No. 03-10]
A building designed and occupied as a residence, containing three or more dwelling units. Multiple family shall refer to any housing configuration, including, but not limited to apartments, townhouses and quadraplexes (see Appendix at end of Chapter 200).
A building designed for and occupied as a residence, containing one dwelling unit and having no common or party wall with an adjacent dwelling. Yard area surrounds all sides (see Appendix at end of Chapter 200).
An individual dwelling within a multiple-family building
constructed side by side and attached at one or more vertical common
or party walls to other multiple-family dwelling(s), e.g., townhouse
or carriage home.
[Added 10-6-2005 by Ord. No. 05-05]
A building designed for and occupied as a residence, containing two dwelling units located side by side with a vertical common or party wall. Yard area is located on three sides (see Appendix at end of Chapter 200).
A building designed for and occupied as a residence, containing two dwelling units located side by side with a vertical common or party wall. Yard area is located on three sides (see Appendix at end of Chapter 200).
A room or group of rooms within a building connected together,
constituting a separate independent housekeeping establishment for
a single family. Units shall be physically separated from other units
and shall contain permanent provisions for living, cooking, sleeping
and sanitation.
A tax on earned income and net profits levied under Chapter
3 of the act of December 31, 1965 (P.L. 1257, No. 511), known as the
Local Tax Enabling Act.[9]
[Added 9-6-2018 by Ord.
No. 2018-05]
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; land development;
building construction; and the moving, depositing, stockpiling, or
storing of soil, rock, or earth materials.
[Added 12-19-2013 by Ord.
No. 2013-07]
Man-made activities resulting in the movement of soil or
the stripping of vegetative cover from the earth.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
As used in Chapter 161, a right of use granted by a landowner to allow a grantee the use of the designated portion of land for a specified purpose, such as for stormwater management or other drainage purposes.
[Added 12-19-2013 by Ord.
No. 2013-07]
Land and/or buildings specifically designed, arranged and
intended for the purpose of education, including preschool, elementary
and secondary schools, either private or public, including schools
relating to religious organizations and vocational schools.
A billboard capable of displaying text, graphics, symbols,
or images that can be electronically or mechanically changed by remote
or automatic means; or with content that may be changed by electronic
process through the use of light or lights, including, but not limited
to, light emitting diodes (LED), liquid crystal display and plasma
image display.
[Added 1-16-2020 by Ord. No. 2020-01]
An on-site sign capable of displaying text, graphics, symbols,
or images that can be electronically or mechanically changed by remote
or automatic means; or with content that may be changed by electronic
process through the use of light or lights, including, but not limited
to, light emitting diodes (LED), liquid crystal display and plasma
image display.
[Added 1-16-2020 by Ord. No. 2020-01]
A volunteer who responds to an emergency call with entities specified under § 170-56C.
[Added 9-6-2018 by Ord.
No. 2018-05]
Any emergency call to which a volunteer responds, including
travel directly from and to a volunteer's home, place of business,
or other place where he/she shall have been when the call was received.
[Added 9-6-2018 by Ord.
No. 2018-05]
A person, partnership, association, corporation, institution,
governmental body or unit or agency or any other entity having an
office, factory, workshop branch, warehouse, school, or other place
of business within the Township employing one or more persons on a
salary, wage, commission, or other compensation basis, including a
self-employed person.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
An addition to the floor area of an existing building, an
increase of size of another structure, or an increase in that portion
of a lot occupied by an existing use.
The movement of soil by the action of wind and/or water.
As used in Chapter 161, the process by which the surface of the land, including water/stream channels, is worn away by water, wind, or chemical action.
[Added 12-19-2013 by Ord.
No. 2013-07]
A plan required by the Conservation District or the municipality
to minimize accelerated erosion and sedimentation, and that must be
prepared and approved per the applicable requirements.
[Added 12-19-2013 by Ord.
No. 2013-07]
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.
[Added 10-19-2006 by Ord. No. 06-10]
Any privately owned place of business operated, any place
of amusement or entertainment to which the public is invited or any
nonprofit entity operating within the Township.
A use to accommodate large gatherings for special events
such as parties, weddings, receptions, banquets, business conferences,
seminars, and similar activities.
[Added 10-5-2023 by Ord. No. 2023-04]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 9-21-2017 by Ord.
No. 2017-03]
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added 9-21-2017 by Ord.
No. 2017-03]
Federal Aviation Administration of the United States Department
of Transportation.
[Added 6-2-2016 by Ord.
No. 2016-03]
As used in Chapter 163, Streets and Sidewalks, Article II, Construction in Public Rights-of-Way, any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated physical equipment placed in, on or under the public rights-of-way.
[Added 2-2-2006 by Ord. No. 06-01]
As used in Chapter 163, Streets and Sidewalks, Article III, Street Openings, means and includes all privately, publicly or cooperatively owned lines and systems for producing, transmitting or distributing communications, electricity, heat, gas, oil, crude products, water, steam, waste and other similar commodities which directly or indirectly serve the public and all appurtenances and attachments thereto.
Any signal activated by an automatic protection device, any
audible alarm or any other kind of direct or indirect signal given
to the Police or Fire Department to which police or fireman respond,
which is not the result of burglary, fire, robbery, or similar emergency.
Occupants of a dwelling unit under one of the following categories:
A corporation of which at least 75% of its assets are devoted
to the business of agriculture and at least 75% of each class of stock
of the corporation is continuously owned by members of the same family.
The business of agriculture shall not be deemed to include:
Recreational activities, such as but not limited
to hunting, fishing, camping, skiing, show competition or racing.
Raising, breeding or training of game animals
or game birds, fish, cats, dogs or pets or animals intended for use
in sporting or recreational activities.
Fur farming.
Stockyard and slaughterhouse operations.
Manufacturing or processing operations of any
kind.
A partnership of which at least 75% of its assets are devoted
to the business of agriculture and at least 75% of the interests in
the partnership are continuously owned by members of the same family.
The business of agriculture shall not be deemed to include:
Recreational activities, such as but not limited
to hunting, fishing, camping, skiing, show competition or racing.
Raising, breeding or training of game animals
or game birds, fish, cats, dogs or pets or animals intended for use
in sporting or recreational activities.
Fur farming.
Stockyard and slaughterhouse operations.
Manufacturing or processing operations of any
kind.
A person who cultivates land or crops or raises animals or
fish.
Federal Communications Commission.
[Added 9-21-2017 by Ord.
No. 2017-05]
Federal Emergency Management Agency.
[Added 12-19-2013 by Ord.
No. 2013-07]
An artificially placed barrier typically installed to identify
boundaries, screen property, provide safety barrier, contain livestock
and/or pets or for the aesthetic enhancement of property. Types of
fence may include but not be limited to post and rail, stockade, chain
link, shadow box, picket, ornamental, electric, etc. Fences shall
be characterized as being open type when the fence construction is
a minimum of fifty-percent open, such as chain link, electric, post
and rail, picket, etc.; semi-open type shall be less than fifty-percent
open to the minimum of twenty-percent open, such as shadow box, etc.,
or closed type shall be less than twenty-percent open to closed, such
as stockade, etc. Masonry walls, retaining walls, plant materials,
etc. shall not be considered as a fence.
[Amended 6-16-2005 by Ord. No. 05-01; 8-20-2009 by Ord. No.
2009-07]
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including but not limited
to levels, bulkheads, dikes, jetties, embankments and causeways.
Wood for fuel processed only to the extent that it is cut
to size for the applicable type of fire specified by the applicant
on the burn permit.
[Added 6-1-2017 by Ord.
No. 2017-02]
Any stream segment which is the first perennial segment of
a stream located downstream from the source of such stream, beginning
at the point at which the stream is considered to be perennial (under
normal climatic conditions) and continuing downstream to the first
point at which it is joined by or flows into another stream of any
order. For purposes of this Code, first-order streams shall be based
on mapping provided by the Chester County Land Records System, 2000,
except where an applicant presents information to the Township that
the Township agrees provide a more accurate portrayal of the location(s)
of first-order stream(s).
[Added 2-6-2003 by Ord. No. 03-02]
Any individual watershed comprising all lands draining naturally
or artificially into a first-order stream.
[Added 2-6-2003 by Ord. No. 03-02]
A partial or complete, temporary inundation of normally dry
land areas from the overflow of a watercourse or other body of surface
water.
As used in Chapter 161, a temporary condition of partial or complete inundation of land areas from the overflow of streams, rivers, and other waters of this commonwealth.
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 89, a temporary inundation of normally dry land areas.
[Added 9-21-2017 by Ord.
No. 2017-03]
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added 9-21-2017 by Ord.
No. 2017-03]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 9-21-2017 by Ord.
No. 2017-03]
A flood of a magnitude that is likely to occur an average
of once every one hundred years. While the probability of its occurrence
is a one-percent chance each year, the flood may occur in any year.
The water surface elevations of a flood which would completely
fill the floodplain to the boundaries of the Flood Plain District.
An area of land adjacent to the channel of a watercourse
which has been or is likely to be subjected to inundation by flood
having a frequency of recurrence of one in 100 years.
As used in Chapter 161, any land area susceptible to inundation by water from any natural source or delineated by applicable FEMA maps and studies as being a special flood hazard area.
[Added 12-19-2013 by Ord.
No. 2013-07]
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.
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, 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.
[Added 9-21-2017 by Ord.
No. 2017-03]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
[Added 9-21-2017 by Ord.
No. 2017-03]
The designated area of a flood plain required to carry and discharge floodwaters of a given magnitude. For the purposes of Chapter 200, Zoning, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
As used in Chapter 161, the channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to carry and discharge the one-hundred-year flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the centerline of the stream and to 50 feet beyond the top of the bank of the stream on both sides.
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 89, the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
[Added 9-21-2017 by Ord.
No. 2017-03]
The sum of the actual occupied area of all floors of a building,
not including accessory unoccupied areas or thickness of walls. In
particular, floor area calculations shall include, but are not limited
to, the following:
Cellar space which meets the definition under
this section.
Stair wells, attic space whether or not a floor
has been laid, and elevator shafts, providing structural headroom
of eight feet or more.
Roofed terraces, breezeways and porches, provided
that over 50% of the perimeter of them is enclosed.
Any other floor space designed for the intended
principal use, no matter where it is located within the building.
A place where customers are served at an exterior window
or service area and where no inside seating is provided, or which
involves the off-site delivery of meals to customers. Examples include
snack bars, dairy bars, or hamburger or hot dog stands. This term
shall include food trucks.
[Added 10-5-2023 by Ord. No. 2023-04]
A unit of light intensity stated in lumens per square foot
and measurable with a luminance meter, a.k.a., footcandle or light
meter.
Planning and activities necessary for the management of forest
lands. These include timber inventory, preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation, and reforestation.
[Added 12-19-2013 by Ord.
No. 2013-07]
The management of forests and timberlands in accordance with
accepted silvicultural practices, through establishing, cultivating,
harvesting, transporting and selling trees for commercial purposes,
which does not involve any land development. Forestry includes timber
harvesting, but does not include clearcutting.
[Added 11-21-2002 by Ord. No. 02-05]
A vertical distance between the design high-water elevation
and the elevation of the top of a dam, levee, tank, basin, swale,
or diversion berm. The space is required as a safety margin in a pond
or basin.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any sign permanently affixed to the ground and not to a building,
and which is not used for off-premises advertising.
[Added 1-16-2020 by Ord. No. 2020-01]
A direct connection leading from the building trap to the
outer air.
Every accumulation of nonhazardous, noncontaminated waste
(animal, vegetable and/or other matter) that results from the preparation,
processing, consumption, dealing in, handling, packaging, canning,
storage, transportation, decay or decomposition of meats, fish, fowl,
birds, fruits, grains or other animal or vegetable matter including,
but not by the way of limitation, used tin cans and other food containers,
and all putrescible or easily decomposable waste animal or vegetable
matter which is likely to attract flies or rodents.
An area of land, including buildings and other structures,
used for the sale of gasoline or other motor vehicle fuel or accessories.
Such use may include facilities for minor repair to motor vehicles
but shall not include painting or body repairs.
A fabric manufactured from synthetic fiber that is used to
achieve specific objectives, including infiltration, separation between
different types of media (i.e., between soil and stone), or filtration.
[Added 12-19-2013 by Ord.
No. 2013-07]
The sensation produced by lighting that causes an annoyance,
discomfort or loss in visual performance and visibility to the eye.
Plain, uncolored, or colored glass bottles, and jars. Expressly
excluded from this definition of glass are blue glass, non-container
glass, lead crystal, mirror glass, porcelain, ceramic products, and
tempered or plated glass.
As used in Chapter 155, bottles and jars made of clear or colored glass. Expressly excluded are noncontainer glass, mirrors, automobile glass, dishware, plate glass, crystal, light bulbs and porcelain and ceramic products.
[Added 10-17-2019 by Ord.
No. 2019-04]
The Board of Supervisors of West Brandywine Township.
[Added 12-19-2013 by Ord.
No. 2013-07]
[Added 12-19-2013 by Ord. No. 2013-07]
As used in Chapter 148, any electric motor-driven, submersible pump capable of macerating all material found in normal domestic sanitary sewage, including reasonable amounts of objects, such as plastics, sanitary napkins, disposable diapers, rubber and the like, to fine slurry, and pumping this material through a small-diameter discharge.
[Added 11-16-2017 by Ord.
No. 2017-08]
As used in Chapter 148, the grinder pump and any associated force mains or low-pressure laterals building sewers that connect the grinder pump to the Authority's sewage collection system.
[Added 11-16-2017 by Ord.
No. 2017-08]
Water that occurs in the subsurface and fills or saturates
the porous openings, fractures and fissures of under-ground soils
and rock units.
[Added 12-19-2013 by Ord.
No. 2013-07]
The replenishment of existing natural groundwater supplies
from infiltration of rain or overland flow.
[Added 12-19-2013 by Ord.
No. 2013-07]
A dwelling providing non-transient lodging and social services
to non-related occupants for compensation. The term shall include
halfway houses and community living arrangements.
Any approved security which may be required of the applicant
by the Township after final acceptance by the Township of installed
improvements.
Any approved security which may be required of the applicant by the Township as a condition of final plan approval to guarantee public improvements are installed in accordance with the final plan and the applicable provisions of Chapter 167, Subdivision and Land Development.
Any chemical, compound, mixture, substance or article designated
by a federal agency, including the United States Environmental Protection
Agency, commonwealth, county or Township agency to be "hazardous",
"toxic" or dangerous as those terms are defined by or pursuant to
federal, state, county or local law.
Any areas located within a first-order watershed and any
area indicated as included within headwaters areas on any map adopted
by the Board of Supervisors for the purpose of delineating headwaters
areas within West Brandywine Township.
[Added 2-6-2003 by Ord. No. 03-02]
An enterprise operating as a business or club which charges
an admission, entry or membership fee or combination thereof, whether
owned by a public or private entity, which is open to the public and
provides in combination various facilities for its members, including
a combination of more than one of the following: gymnasium, swimming
pool, weight training and similar conditioning equipment, racquet
courts and similar athletic and/or health facilities, health club,
field sports, playground and other customary indoor or outdoor recreational
activities.
[Added 6-15-2006 by Ord. No. 06-08]
The United States Army Corps of Engineers, Hydrologic Engineering
Center (HEC) hydrologic runoff model.
[Added 12-19-2013 by Ord.
No. 2013-07]
The United States Army Corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS).
[Added 12-19-2013 by Ord.
No. 2013-07]
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fencelines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
Indicates the singular and plural number as well as the male,
female, and neuter gender.
[Added 1-7-2005 by Ord. No. 05-02]
The vertical distance measured from the ground level existing
at the time of enactment of this article[10] to the highest point on a communications tower, including
the base pad and antennas mounted on the tower.
[Added 9-21-2017 by Ord.
No. 2017-05]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 9-21-2017 by Ord.
No. 2017-03]
As used in Chapter 155, any bond, copier, letterhead, or mimeograph paper typically sold as "white ledger" or "ledger" paper, and computer paper.
[Amended 10-17-2019 by Ord. No. 2019-04]
A structure which meets the following:
[Added 9-19-2019 by Ord.
No. 2019-01]
Is used for the production, processing, keeping, storing, sale
or shelter of an agricultural commodity as defined in Section 2 of
the Act of December 19, 1974 (P.L. 973, No. 319), known as the "Pennsylvania
Farmland and Forest Land Assessment Act of 1974,"[11] or for the storage of agricultural equipment or supplies;
and
The entirety of a way or place, of whatever nature, open
to the use of the public as a matter of right for purposes of vehicular
travel, including the unimproved portion of the right-of-way adjacent
to a cartway.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
As used in Chapter 89, any structure that is:
[Added 9-21-2017 by Ord.
No. 2017-03]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
A temporary, watertight receptacle which receives and retains
sanitary sewage and is designed and constructed to facilitate ultimate
disposal of the sewage at another site. Holding tanks include, but
are not limited to, the following:
CHEMICAL TOILETA toilet using chemicals that discharge to a holding tank.
RETENTION TANKA holding tank to which sewage is conveyed by a conveyance system.
PRIVYA holding tank designed to receive sewage where water under pressure is not available.
The entity, agency or person, including a holding tank owner,
who, being duly licensed by the Chester County Health Department,
removes the contents of a holding tank for purposes of transporting
and/or disposing of the sewage at another site.
An accessory use which is customarily carried on within a dwelling in accordance with § 200-90 of Chapter 200, Zoning. Home occupations may be permitted as either major home occupations or minor home occupations as follows:
[Amended 8-3-2000 by Ord. No. 00-03; 9-2-2004 by Ord. No. 04-03]
MAJOR HOME OCCUPATIONAn activity for gain carried on in a single-family detached dwelling or in building accessory thereto, clearly accessory to the use of the dwelling for residential purposes. A major home occupation is of potentially greater neighborhood impact than a minor home occupation and, thus, is limited to properties with direct access to either Route 82 or Route 322. A major home occupation may require the employment of not more than two persons (full- or part-time) not residing on the premises, not more than one nonilluminated sign (not exceeding four square feet in aggregate area) as visible exterior evidence of the conduct of the occupation, and accommodating both dwelling and home occupation parking needs off-street. Examples of major home occupations include millinery, upholstery, furniture-refurbishing (excluding paint stripping operations), or similar handicrafts, personal services including barber- and beauty shops, cottage industries including crafts and homemade products, the teaching of not more than 10 pupils simultaneously, carpentry and plumbing shops, professional studios or offices of an architect, doctor, dentist, engineer, lawyer, musician, magistrate, photographer, or practitioner of similar character, small pet grooming but not boarding, repair services for (small) appliances, lawn mowers, business machines and bicycles, but not for motor vehicles, retail sales of dry goods, food, farm products, antiques and household supplies, child or adult day-care facility subject to demonstration of compliance with all applicable county, state or federal regulation, or other home occupation of similar character and impact. Agricultural occupations except for the sale of farm products are excluded from this definition and its standards.
MINOR HOME OCCUPATIONAn activity for gain carried on in single-family detached dwelling or in a building accessory thereto, clearly accessory to the use of the dwelling for which no persons other than those residing on the premises are engaged in the occupation, which has no visible exterior evidence of the conduct of the occupation, which creates no need for off-street parking beyond normal dwelling needs, which generates no additional traffic, and in which no equipment is used other than that normally used in household or domestic use. Examples of minor home occupations include artists, tutors, baby-sitters, house-cleaners, telephone solicitors, typing services, outside salesmen and consultants, dress-making and tailoring, the professional practice of law, engineering, architecture, accounting, planning, real estate, and insurance, where limited to not more than one person employed who is not a resident of the subject property, and other occupations customarily performed in the home and not normally detrimental to the neighborhood. A home occupation otherwise meeting the definition of minor home occupation but exceeding any of the standards set forth in § 200-90B shall be regulated as a major home occupation.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[12] is derived from the horizontal surface.
[Added 6-2-2016 by Ord.
No. 2016-03]
An institution where sick and injured persons are administered
medical and/or surgical care. This term shall include both short-term
and long-term facilities, including rest homes, nursing homes, and
medical clinics, but excluding facilities for the mentally retarded
and the emotionally disturbed.
A building used for the purpose of furnishing temporary lodging
to the public for compensation, with or without meals, and having
six or more guestrooms.
Areas where prior or existing land use or activities can
potentially generate highly contaminated runoff with concentrations
of pollutants in excess of those typically found in stormwater.
[Added 12-19-2013 by Ord.
No. 2013-07]
For purposes of determining compliance with the provisions of Chapter 200, Zoning, those soil types identified as hydric soils or soils with hydric inclusions by the United States Soil Conservation Service, as mapped for the Soil Survey of Chester and Delaware Counties, shall be considered hydric soils in West Brandywine Township, including but not limited to the following:
|
AsB2
|
Aldino very stony silt loam (0 to 8% slopes,
moderately eroded)
| |
|
Ch
|
Chewacla silt loam
| |
|
CoA
|
Conowingo silt loam (0 to 3% slopes)
| |
|
CoB2
|
Conowingo silt loam (3 to 8% slopes, moderately
eroded)
| |
|
GnA
|
Glenville silt loam (0 to 3% slopes)
| |
|
GnB
|
Glenville silt loam (3 to 8% slopes)
| |
|
GnB2
|
Glenville silt loam (3 to 8% slopes, moderately
eroded)
| |
|
GsB
|
Glenville very stony silt loam (0 to 8% slopes)
| |
|
We
|
Wehadkee silt loam
| |
|
WoA
|
Worsham silt loam (0 to 3% slopes)
| |
|
WoB
|
Worsham silt loam (3 to 8% slopes)
| |
|
WoB2
|
Worsham silt loam (3 to 8% slopes, moderately
eroded)
| |
|
WsB
|
Worsham very stony silt loam (O to 8% slopes)
|
Where site conditions indicate differing location of hydric soils or hydric inclusions, the burden shall be upon the Applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the Soil Survey information shall be presumed to be accurate. Where tile drainage has been introduced to drain soils defined herein as hydric soils, such areas shall be considered hydric for the purposes of Chapter 200, Zoning.
The hydrologic system, cycle or balance that sustains the
quality and quantity of stormwater, stream baseflow, storage, and
groundwater supplies under natural conditions.
[Added 12-19-2013 by Ord.
No. 2013-07]
A classification of soils by the Natural Resources Conservation
Service (NRCS), into four runoff potential groups. The groups range
from A soils, which are very permeable and produce little runoff,
to D soils, which are not very permeable and produce much more runoff.
[Added 12-19-2013 by Ord.
No. 2013-07]
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See §§ 89-401 and 89-402 for the specifics on what areas the community has included in the identified floodplain area.
[Added 9-21-2017 by Ord.
No. 2017-03]
The quantity of light measured in footcandles or lux.
Any surface or material which is impenetrable or unable to
absorb water, including but not limited to buildings, structures,
roof overhangs, and paved areas, including parking areas, driveways,
roads, sidewalks, and other such areas in concrete or asphalt. In
addition, other areas determined by the Township Engineer to be impervious
within the meaning of this definition shall also be considered as
contributing to total impervious cover. For purposes of determining
compliance with maximum coverage limitations on any lot or tract,
impervious cover shall be measured as a percentage of net lot area
or net tract area, as applicable. A percentage of any areas comprised
of semi-impervious cover, such as porous paving, may be excluded from
calculation of lot or tract coverage to an extent reasonably related
to the degree to which stormwater passes through the paving material
and does not contribute to stormwater runoff, as determined by the
Township Code Enforcement Officer and/or Township Engineer.
[Amended 3-21-2002 by Ord. No. 02-01]
A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including, but not limited to, structures such as roofs, buildings, storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with Chapter 161, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement), will be considered on a case-by-case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc.
[Added 12-19-2013 by Ord.
No. 2013-07]
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
[Added 5-16-2013 by Ord. No. 2013-03]
Any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged, which property meets the criteria set forth in § 148-5, Purposes, of Chapter 148, Sewers, Article II, Holding Tanks.
Any property located within the Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Minimum standards for the construction of the required improvements
such as streets, curbs, sidewalks, water mains, sewer, drainage, public
utilities and other items required to render the land suitable for
the use proposed.
Any person, male or female, engaged in any occupation, trade
or profession within the corporate limits of the Township of West
Brandywine.
[Added 1-7-2005 by Ord. No. 05-02]
As used in Chapter 148, a sewage system that serves a single lot and a single equivalent dwelling unit, and uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a soil absorption area, spray field, retaining tank, or cesspool.
[Added 11-16-2017 by Ord.
No. 2017-08]
Any structure intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity, or article.
A unified planned development consisting of three or more
industrial sites on a tract held in single and separate ownership.
Any solid, liquid or gaseous substance or water borne wastes
or form of energy rejected or escaping, other than human fecal wastes
and wastes directly associated therewith, from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sanitary sewage. Industrial
sewage to be treated by owner to domestic waste strength and composition.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolated downward
to recharge groundwater.
[Added 12-19-2013 by Ord.
No. 2013-07]
A stormwater BMP designed to collect and discharge runoff
into the subsurface in a manner that allows infiltration into underlying
soils and groundwater (e.g., French drains, seepage pits, or seepage
trenches, etc.).
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 148, term used to describe the on-lot disposal system receiving unit to which sewage is delivered from a sewage generating facility. The term includes, but is not limited to, septic tanks, aerobic treatment units, and cesspools.
[Added 11-16-2017 by Ord.
No. 2017-08]
The Township’s authorized representative assigned to
inspect permit operations.
[Added 5-16-2013 by Ord. No. 2013-03]
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, medical centers, schools,
etc.
That section of the roadway right-of-way between the pavement
edge or curb and the property line which occurs between driveways.
A defined channel in which surface water is absent during
a portion of the year, in response to seasonal variations in precipitation
or groundwater discharge.
[Added 12-19-2013 by Ord.
No. 2013-07]
The lowest surface, the floor or bottom of a culvert, pipe,
drain, sewer, channel, basin, BMP, or orifice.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles, machinery, equipment, paper, glass, containers, and structures.
It shall not include, however, refuse or garbage kept in a proper
container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging, and dealing in junk and who
maintains and operates a junkyard within the Township of West Brandywine.
Any place where any junk as hereinafter defined, is stored,
disposed of, or accumulated.
A type of topography that is formed over limestone or other
carbonate rock formations by dissolving or solution of the rock by
water, and that is characterized by closed depressions, sinkholes,
caves, a subsurface network of solution conduits and fissures through
which groundwater moves, and no perennial surface drainage features.
[Added 12-19-2013 by Ord.
No. 2013-07]
A commercial establishment in which more than six dogs or
domesticated animals are housed, groomed, bred, boarded, trained,
or sold, all for a fee or compensation.
Any type of alarm that first goes through a Township licensed
alarm service and then to the appropriate agency of the Chester County
Department of Emergency Services by any means such as: automatic dialers,
recorded messages, etc.
Having actual knowledge and including such knowledge which a parent should reasonably be expected to have, under all attendant circumstances, concerning the whereabouts of a minor in that parent's legal custody. It shall be no defense for purposes of Chapter 77, Curfew, that a parent is indifferent to the activities or conduct or whereabouts of a minor.
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; or
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 Section 503(1.1)
of the Municipalities Planning Code.[13]
As used in Chapter 161, any of the following activities:
[Added 12-19-2013 by Ord.
No. 2013-07]
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; or
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 Section 503(1.1) of the Pennsylvania
Municipalities Planning Code (as amended).[14]
That person serving as Building or Zoning Officer in said
Township, or such other person to fill said capacity as may be designated
from time to time by the Board of Supervisors.
Any activity that exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive alien vegetation including but not limited to Multiflora rose (Rosa multiflora), Autumn-olive (Eleagnus umbellata, Japanese honeysuckle (Lonicera japonica), Oriental bittersweet (Celastrus orbiculatus), Norway maple (Acer platanoides), and Mile-a-minute weed (Polygonum perfoliatum). Customary landscaping, gardening and agricultural practices such as tilling, plowing, planting, mowing and harvesting are excluded from the definition of "land disturbance." Agricultural activities shall nevertheless be subject to the provisions of § 200-88B as applicable.
[Amended 8-23-2001 by Ord. No. 01-01; 4-18-2002 by Ord. No.
02-02]
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 having a remaining term of not less than 40 years, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of Chapter 167, Subdivision and Land Development.
As used in Chapter 161, 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 they are authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
[Added 12-19-2013 by Ord.
No. 2013-07]
That part of the sewer system extending from a sewer to the
curb line or, if there shall be no curb line or, to the property line
or if no such lateral shall be provided, then "lateral" shall mean
that portion of or place in a sewer which is provided for connection
of any building sewer.
As used in Chapter 155, leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
[Added 10-17-2019 by Ord.
No. 2019-04]
Leaves of trees or shrubs which are not attached to the twig
or limb from which they fell.
Official or legal permission to do or own a specified thing
and proof of permission granted, as in the form of a document.
As used in Chapter 129, written permission to peddle and solicit within West Brandywine Township.
[Added 7-2-2020 by Ord. No. 2020-03]
A Pennsylvania-registered professional engineer, registered
landscape architect, registered professional land surveyor, or registered
professional geologist, or any person licensed by the Pennsylvania
Department of State or qualified by law to perform the work required
by the ordinance within the Commonwealth of Pennsylvania.
[Added 12-19-2013 by Ord.
No. 2013-07]
Light emitted by a lighting installation, which extends beyond
the boundaries of the property on which the installation is sited.
Industrial uses which are free from emitting smoke, noise,
vibration, odors, glare, hazards of fire, discharge of waste, and
other objectionable effects out-of-doors.
A soil horizon or condition in the soil profile or underlying
strata that includes one of the following:
[Added 12-19-2013 by Ord.
No. 2013-07]
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by other subsurface
or soil conditions.
A rock with open joints, fracture or solution channels, or masses
of loose rock fragments, including gravel, with insufficient fine
soil to fill the voids between the fragments.
A rock formation, other stratum, or soil condition that is so
slowly permeable that it effectively limits downward passage of water.
As used in Chapter 148, septage pumped from septic tanks, cesspools, holding tanks, privies, or chemical toilets which does not include any toxic, industrial, or hazardous wastes.
[Added 11-16-2017 by Ord.
No. 2017-08]
A dwelling unit in which a portion of the space includes
a nonresidential use operated by the owner.
[Added 10-5-2023 by Ord. No. 2023-04]
A space accessible from a street on a lot for the temporary
use of vehicles for the purpose of loading and unloading merchandise
or materials.
Any aboveground or underground utility service, including
water supply and sewage collection lines, which serves only one individual
principal use.
[Added 4-3-2008 by Ord. No. 08-01]
The area contained within all property lines of a lot. The
following shall not be included when calculating minimum lot area:
areas devoted to stormwater management serving more than one lot,
space within all street rights-of-way, both public and private, the
areas under electric company transmission facility right-of-ways and
all easements of access, but including the areas of all other easements.
[Amended 11-21-2002 by Ord. No. 02-05]
[Amended 7-17-2003 by Ord. No.
03-10; 4-3-2008 by Ord. No. 08-01]
Net lot area requirements are established in
the various zoning districts in order to ensure that lots served by
individual on-lot sewage disposal systems have adequate area comprising
appropriate soil conditions to provide for proper operation of such
a system and to provide for a replacement location if necessary. Measurement
of net lot area also is applicable to calculation of the percentage
devoted to impervious cover. Net lot area requirements do not otherwise
apply to calculation of minimum lot area. Net lot area shall be established
as the area of land contained within the legal property lines of a
lot, excluding the following areas as they exist at the time of subdivision
or land development plan submission or building permit application,
as applicable:
Any area within the legal property lines set
aside as a permanent right-of-way or easement for a public or private
street or driveway serving any other lot or lots, or for aboveground
or underground utilities intended for other than local service;
Any area comprising permanent drainage or stormwater
management easements;
Any area comprising sewage disposal facilities
except facilities serving only the subject lot;
Any area comprising wetlands under the jurisdiction
of the United States Army Corps of Engineers and/or the Pennsylvania
Department of Environmental Protection;
Any area of hydric soils as defined in § 200-8. To the extent that any Glenville soils are proven to be upland (nonhydric) in nature, there shall be no net out once proven and approved by the Township Engineer;
An area equivalent to 75% of any area within
50 feet of the top of bank of any stream, and where not coextensive
with any area excluded in accordance with Subsection A(1) through
(7) above;
A lot at the junction of and abutting two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. A lot abutting a curved street shall be deemed a corner
lot if the tangents to the curve at the points of intersection of
the lot lines with the street intersect at an interior angle of less
than 135°. Each yard abutting a street shall be considered a front
yard. Any lot line intersecting a front lot line shall be considered
a side lot line; any remaining lot line shall be considered a rear
lot line.
[Amended 10-5-2023 by Ord. No. 2023-04]
The percentage of net lot area or net tract area, as applicable,
which is covered by all buildings and structures and impervious surfaces.
[Amended 7-17-2003 by Ord. No. 03-10]
A lot extending between and having frontage on two generally parallel streets. (See Appendix in Chapter 167.)
Any lot which only has access to a street via limited frontage on a street serving solely for access to interior lands. (See Appendix in Chapter 167.)
A property boundary line of any lot held in single and separate
ownership. The lot line shall reflect the legal description for the
lot, except for the line abutting a street shall be deemed to be the
same as the street right-of-way line.
The line separating the lot from the street line.
Any line, except the front lot line, which is parallel to,
or within 45° of being parallel to, and does not intersect any
street line.
Any lot line which is not a front lot line or rear lot line.
A lot extending between and having frontage on two generally parallel streets, (excluding service streets or alleys), with vehicular access solely from one street. (See Appendix in Chapter 167.)
The horizontal distance between side lot lines at right angles
to the lot depth. When the street line is curved, the distance shall
be measured along the arc, on or parallel to the curve of the street.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this Code.
[Amended 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, 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 non-elevation design requirements of this chapter.
[Added 9-21-2017 by Ord.
No. 2017-03]
The physical and measurable quantity corresponding to the
brightness of a surface (e.g., a lamp, luminaries, reflecting material)
in a specific area, and measurable with a luminance meter.
A unit of light intensity stated in lumens per square meter.
There are approximately 10.7 lux per footcandle.
As used in Chapter 155, glossy, shiny, and other coated paper materials, usually bound, for reading and entertainment.
[Added 10-17-2019 by Ord.
No. 2019-04]
The action taken to restore or preserve the as-built functional
design of any facility or system.
[Added 12-19-2013 by Ord.
No. 2013-07]
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth and into surface waters of this commonwealth;
backs up into a building connected to the system; in any manner causes
a nuisance or hazard to the public health; causes pollution of groundwater
or surface water; or causes contamination of public or private drinking
water wells. Systems shall be considered to be malfunctioning if any
condition noted above occurs for any length of time during any period
of the year.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Added 9-21-2017 by Ord.
No. 2017-03]
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
[Added 9-21-2017 by Ord.
No. 2017-03]
A facility for the examination and treatment of ill and afflicted
human outpatients, including doctor and dental offices.
Marijuana for certified medical use as set forth in the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added 10-5-2023 by Ord. No. 2023-04]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the PA Department of Health (PADOH) to grow and
process medical marijuana. The term does not include a health care
medical marijuana organization under Chapter 19 of the Pennsylvania
Medical Marijuana Act, Pennsylvania Act 16 of 2016.[15]
[Added 10-5-2023 by Ord. No. 2023-04]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
[Added 10-5-2023 by Ord. No. 2023-04]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the PADOH to dispense medical marijuana.
The term does not include a health care medical marijuana organization
under Chapter 19 of the Pennsylvania Medical Marijuana Act, Pennsylvania
Act 16 of 2016.[16]
[Added 10-5-2023 by Ord. No. 2023-04]
Any individual, such individual's brothers and sisters, the
brothers and sisters of such individual's parents and grandparents,
the ancestors and lineal descendants of any of the foregoing, a spouse
of any of the foregoing and the estate of any of the foregoing. Individuals
related by the half blood or legal adoption shall be treated as if
they were related by the whole blood.
A single message or advertisement for a product, event, commodity,
or service that is divided into segments and presented over two or
more successive display phases of a sign, or across two or more individual
signs.
[Added 1-16-2020 by Ord. No. 2020-01]
Mushroom farm environmental management plan.
[Added 12-19-2013 by Ord.
No. 2013-07]
To reduce to the smallest amount or extent possible. "Minimize"
shall not mean complete elimination but shall require that the most
substantial efforts possible under the circumstances have been taken
to reduce the adverse effect(s) of the action required to be minimized.
"Minimize" shall include but not be limited to the requirement that
the placement of dwellings and other structures and the locations
of roads, stormwater management facilities, and other land disturbance
shall be planned and designed to reduce the adverse effect(s) of the
activity in question to the smallest amount possible under the circumstances
consistent with otherwise permitted development.
To reduce to the smallest amount or extent possible. "Minimize"
shall not mean complete elimination but shall require that the most
substantial efforts possible under the circumstances have been taken
to reduce the adverse effect(s) of the action required to be minimized.
"Minimize" shall include but not be limited to the requirement that
the placement of dwellings and other structures and the locations
of roads, stormwater management facilities, and other land disturbance
shall be planned and designed to reduce the adverse effect(s) of the
activity in question to the smallest amount possible under the circumstances
consistent with otherwise permitted development.
Any individual under the age of 18 years.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
[Added 10-19-2006 by Ord. No. 06-10]
To consist of magazines, books and junk mail, envelopes without
the see-through windows.
An action undertaken to accomplish one or more
of the following:
Avoid and minimize impacts by limiting the degree
or magnitude of the action and its implementation.
Rectify the impact by repairing, rehabilitating
or restoring the impacted environment.
Reduce or eliminate the impact over time by
preservation and maintenance operations during the life of the action.
If the impact cannot be eliminated by following
Subsection A(1) through (3), compensate for the impact by replacing
the environment impacted by the project or by providing substitute
resources or environments.
As used in Chapter 155, other recyclable paper, such as envelopes, paperboard/chipboard, junk and unwanted mail, construction paper, receipts, wrapping paper, brochures, kraft paper, and other recyclable paper; excludes corrugated paper, high-grade office paper, magazines, catalogs, and newspapers.
[Added 10-17-2019 by Ord.
No. 2019-04]
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. The term included park trailer, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for non-transient
use.
A parcel of land in a mobile home park, constructed with
necessary utility connections, patio, and other appurtenances exclusive
use of its occupants.
A stone or concrete monument with a flat top at least four
inches in diameter or square, and at least 24 inches in length. The
monument shall be tapered so that the dimensions at the bottom be
at least two inches greater than the top, to minimize movement caused
by frost.
A low-profile freestanding sign having a height less than
six feet supported by a structural base or other solid structural
features other than support poles and may contain signage on more
than one side.
[Added 1-16-2020 by Ord. No. 2020-01]
A building or group of buildings containing individual rooms
or apartment accommodations primarily for transients, guests, each
of which is provided with a separate exterior entrance and parking
space, and offered principally for rental of sleeping accommodations
for automobile travelers.
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101,
et seq., as amended, the Pennsylvania Municipalities Planning Code,
Act 247.
[Added 12-19-2013 by Ord.
No. 2013-07]
Municipal separate storm sewer system.
[Added 12-19-2013 by Ord.
No. 2013-07]
Building or buildings within the Township occupied exclusively
as a residence by more than one family (apartments, etc.).
A building providing separate living quarters for two or
more families.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency, or joint planning commission.
[Added 12-19-2013 by Ord.
No. 2013-07]
West Brandywine Township or West Brandywine Township Municipal
Authority.
[Amended 2-6-2003 by Ord. No. 03-02]
As used in Chapter 161, West Brandywine Township, Chester County, Pennsylvania.
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 155, garbage, refuse, and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of a dwelling unit not meeting the definition of residual or hazardous waste in the Solid Waste Management Act.[17]
[Added 10-17-2019 by Ord.
No. 2019-04]
The raising and harvesting of mushrooms, carried on inside
buildings, including accessory operations such as composting, pasteurization,
packaging and shipping.
North American Datum of 1983.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
North American Vertical Datum of 1988.
[Added 8-23-2001 by Ord. No. 01-01;
amended 4-18-2002 by Ord. No. 02-02]
Structures for which the "start of construction" as herein
defined commenced on or after September 28, 1979, and includes any
subsequent improvements to such structures.
As used in Chapter 89, structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after September 28, 1979 and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
[Added 9-21-2017 by Ord.
No. 2017-03]
Any regulated activity involving placement or construction of new impervious surface or grading over existing pervious land areas not classified as redevelopment as defined in Chapter 161.
[Added 12-19-2013 by Ord.
No. 2013-07]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Added 9-21-2017 by Ord.
No. 2017-03]
As used in Chapter 155, paper of the type commonly referred to as "newsprint" and distributed at a fixed interval; having printed thereon news and opinions and containing advertisements and matters of public interest.
[Added 10-17-2019 by Ord.
No. 2019-04]
As used in Chapter 86, the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2006 edition, or any subsequent edition.
[Added 5-2-2024 by Ord. No. 2024-01]
National Oceanic and Atmospheric Administration.
[Added 12-19-2013 by Ord.
No. 2013-07]
The list of the names of persons who have communicated, in
writing, or by electronic submission to the Chief of Police notifying
the Township that he/she does not want to be peddled or solicited
by any third parties governed by the provisions of this chapter[18] of the West Brandywine Township Code.
[Added 7-2-2020 by Ord. No. 2020-03]
Any sound emanated by a person, vehicle, equipment, instrument
or other device.
[Added 12-20-2012 by Ord. No. 2012-08]
A sound level expressed in decibels.
[Added 12-20-2012 by Ord. No. 2012-08]
Fifty dB to 70 dB.
[Added 12-20-2012 by Ord. No. 2012-08]
A lot held in single and separate ownership which does not
conform to one or more of the applicable area or dimension requirements
in the district in which it is located.
A structure or part of a structure which does not comply with the applicable use, area or bulk regulations in Chapter 200, Zoning, or amendment where such a structure lawfully existed prior to the enactment of Chapter 200, Zoning, or subsequent amendment. Nonconforming structures shall include, but not be limited to, nonconforming buildings and signs.
Tracts of land which do not touch or abut at any point.
[Added 10-6-2005 by Ord. No. 05-05]
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
[Added 12-19-2013 by Ord.
No. 2013-07]
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision
instrument approach procedure has been approved or planned.
[Added 6-2-2016 by Ord.
No. 2016-03]
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
[Added 12-19-2013 by Ord.
No. 2013-07]
See "best management practice (BMP)."
[Added 12-19-2013 by Ord.
No. 2013-07]
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to PADEP in Pennsylvania.
[Added 12-19-2013 by Ord.
No. 2013-07]
Natural Resource Conservation Service (previously Soil Conservation
Service, SCS), an agency of the United States Department of Agriculture.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any condition, structure or improvement which shall constitute
a threat to the health, safety or welfare of the citizens of West
Brandywine Township, including, but not limited to accumulation of
garbage or rubbish, the storage of abandoned or junked automobiles,
dangerous and unsightly structures on public or private land, or any
other condition or structure which may be declared a nuisance by a
court of competent jurisdiction.
Any dam, wall, wharf, jetty, embankment, levee, dike, pile,
abutment, projection, excavation, channel rectification, bridge, conduit,
culvert, building, wire, fence, rock, graves, refuse, fill, structures
or other matter in, along, across, or projecting into any channel,
watercourse or floodplain, which may impede, retard or change the
direction of the flow of water, either in itself or by catching or
collecting debris carried by such water, or that is placed where the
flow of water might carry the same downstream to cause damage to life
or property.
Any trade, profession, business or undertaking of any type,
kind or character, including services, domestic or other, carried
on or performed within the Township of West Brandywine for which compensation
is received.
For purposes of Chapter 170, Article II, any trade, profession, business or undertaking of any type, kind or character, including services, domestic or other, carried on or performed within the corporate limits of the Township of West Brandywine for which compensation is charged or received, whether by means of salary, wages, commissions or fees.
[Added 1-7-2005 by Ord. No. 05-02]
A sign that directs attention to a business, commodity, service,
entertainment, institution or other permitted use which is offered
on a property other than the property on which the sign is located.
[Added 1-16-2020 by Ord. No. 2020-01]
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).
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 148, any community on-lot sewage system or individual on-lot sewage system as defined herein.
[Added 11-16-2017 by Ord.
No. 2017-08]
A system of piping, treatment tanks or other facilities serving
a single lot and collecting, treating and disposing of sewage into
a subsurface absorption area or spray irrigation system.
As used in Chapter 148, a condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, into surface waters of this commonwealth, backs up into a building connected to the system or in any manner causes a nuisance or hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.
[Added 11-16-2017 by Ord.
No. 2017-08]
A sign that advertises or directs attention to a business
commodity, service, entertainment, institution or other permitted
use which is offered on the same premises where the sign is located.
[Added 1-16-2020 by Ord. No. 2020-01]
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Not to include road flares or
safety devices associated with safety or occupational uses.
[Added 6-1-2017 by Ord.
No. 2017-02]
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment and, whenever
used in any clause prescribing a penalty, the term "operator" as applied
to associations or partnerships shall include all members or partners
thereof and, as applied to corporations, shall include the officers
thereof.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
[Added 6-2-2016 by Ord.
No. 2016-03]
A listed and labeled appliance utilized for heating and/or
cooking.
[Added 6-1-2017 by Ord.
No. 2017-02]
[Added 7-2-2009 by Ord. No. 2009-05; amended 6-2-2016 by Ord. No. 2016-02]
Any vehicle/load in excess of 80,000 pounds gross weight (exception
for fire apparatus or other recognized emergency equipment).
Any vehicle/load in excess of 13 feet six inches in height (exception
for fire apparatus and overhead light repair/installation equipment).
Any vehicle/load in excess of eight feet six inches in width
(except those exempted in PA Vehicle Code 4921B).
Any single vehicle in excess of 40 feet in length.
Any combination/load that has a nondivisible load that exceeds
70 feet in length.
Any person, partnership, firm, corporation or other legal
entity vested with ownership, legal or equitable, sole or partial.
Pennsylvania Department of Environmental Protection.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any person having legal custody of a minor as:
The parcel of land from which a land development or subdivision originates, determined from the date of municipal adoption of Chapter 161.
[Added 12-19-2013 by Ord.
No. 2013-07]
An off-street surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways and maneuvering
space.
A reasonably level area, available for the parking of one
motor vehicle consisting of a dustless, all weather surface, and shall
include either covered garage space or uncovered parking lot space
located off the right-of-way. For the purpose of calculating space
requirements, driveways on single-family lots can be considered a
substitute.
A vertical or horizontal wall that separates two buildings in accordance with Chapter 65, Building Construction.
The combination of subbase, base course, binder course and
surface course placed on a subgrade to support the traffic load and
distribute it to the roadbed.
[Added 5-16-2013 by Ord. No. 2013-03]
The edge of the main traveled portion of any street or road,
exclusive of shoulder or berm.
The maximum rate of stormwater runoff from a specific storm
event.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any person who shall engage in peddling as defined herein.
[Added 7-2-2020 by Ord. No. 2020-03]
The selling or offering for sale of any goods, wares, services,
or merchandise, products for immediate delivery or the placing of
orders or the execution of an application for goods, wares, services
or merchandise to be delivered at a later time which the person is
selling or offering for sale and may carry with him or her or has
in his/her possession or control upon any of the streets or sidewalks
or from house to house or by the visitation to residences or by entering
in or upon private property within said Township. For the purpose
of this definition, a carrying of the written contract for the purchase
of goods, wares, services or merchandise or similar product shall
also constitute peddling.
[Added 7-2-2020 by Ord. No. 2020-03]
The Pennsylvania Department of Transportation.
[Added 5-16-2013 by Ord. No. 2013-03]
As used in Chapter 161, Pennsylvania Department of Transportation.
[Added 12-19-2013 by Ord.
No. 2013-07]
Document Number 363-0300-002 (December 2006, and as subsequently
amended).
[Added 12-19-2013 by Ord.
No. 2013-07]
Plain or reinforced concrete, bituminous concrete or macadam
of required thickness.
A street occupancy permit issued by the Township pursuant
to this article.
[Amended 5-16-2013 by Ord. No. 2013-03]
See definition of "applicant" above.
[Added 5-16-2013 by Ord. No. 2013-03]
Any natural person, firm, copartnership, association, corporation
or political subdivision.
[Amended 2-2-2006 by Ord. No. 06-01; 5-16-2013 by Ord. No. 2013-03]
As used in Chapter 89, 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.
[Added 9-21-2017 by Ord.
No. 2017-03]
As used in Chapter 129, any natural person, association, partnership, firm, organization, corporation or any other business organization.
[Added 7-2-2020 by Ord. No. 2020-03]
Any area not defined as impervious surface.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds or other
forms of plant or animal life.
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
The Comprehensive Plan of West Brandywine Township, Chester
County.[19]
A plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by Chapter 167, Subdivision and Land Development.
An area of a minimum contiguous size, as specified by ordinance,
to be planned, developed, operated, and maintained as a single entity
and containing one or more uses to accommodate retail, service, banks
or other financial institutions, or office uses, or a combination
of such uses, and appurtenant common areas and accessory uses incidental
to the predominant uses.
A unified, multiple use of a single lot or tract comprised of commercial, office, indoor and outdoor recreational uses, or any combination thereof, and residential uses incidental to said nonresidential uses, to be established in accordance with § 200-58.
[Added 10-5-2023 by Ord. No. 2023-04]
A unified, multiple use of a tract with a minimum of 1,000
contiguous linear feet of frontage on State Route 322 for a variety
of commercial and/or institutional uses such as retail, service, restaurant,
bank, convenience store, gasoline service station, nursing home, assisted
living facility and medical clinic uses, including provisions for
off-street parking provided on the tract.
[Added 10-19-2017 by Ord.
No. 2017-06]
A unified, multiple use of a single lot or parcel for a variety of residential and commercial uses, such as single- and two-family dwellings, multifamily dwellings, bed-and-breakfast uses, retail and personal services, small repair and trade shops, professional offices, and restaurants, to be established in accordance with §§ 200-39D and 200-40.
[Added 10-5-2023 by Ord. No. 2023-04]
The West Brandywine Township Planning Commission, Chester
County, Pennsylvania.
As used in Chapter 161, the Planning Commission of West Brandywine Township.
[Added 12-19-2013 by Ord.
No. 2013-07]
A plan prepared by an engineer or surveyor registered in
the Commonwealth of Pennsylvania showing the vertical section of the
existing and proposed grade along the centerline and right-of-way
lines of any proposed street and public improvements.
The copy of the final plan which contains the original endorsements
of the County Planning Commission and the Township and which is intended
to be recorded with the County Recorder of Deeds.
All plans or reproductions relating to the construction of
the project and made a part of the contract, and such additional plans
as may be required from time to time in order to more fully show and
clarify contract plans and details not shown thereon.
The plans and specifications are complementary to each other,
and the requirements of any one shall be considered as the requirements
of all.
A corrected final plan, showing dimensions and locations
of all streets and other public improvements as actually constructed.
A plan accompanying and forming a part of the preliminary and final plans detailing the developer's measures to be taken for protection of stream channels, major trees, and other important natural features, and for erosion, surface water runoff, and sediment control which includes all information required under § 167-25 of Chapter 167, Subdivision and Land Development.
An informal plant not necessarily to exact scale, indicating
salient features of a tract and its surroundings and the general layout
of a proposed subdivision or land development.
Empty containers made and fabricated of plastics labeled
with the plastics recycling logo 1 and 2 and most commonly used as
beverage and food containers. Due to the large variety of types of
plastics, Township recycling regulations, which may be promulgated
from time to time, may further stipulate specific types of plastics
which may be recycled.
As used in Chapter 155, food and beverage plastic containers with SPI Code Numbers 1, 2, 3, 4, 5, and 7 only.
[Added 10-17-2019 by Ord.
No. 2019-04]
The map or plan of a subdivision or land development, whether
preliminary or final.
Placing utility cables underground by means of a plow mechanism.
[Added 5-16-2013 by Ord. No. 2013-03]
The actual location of peddling or soliciting activity, primarily
characterized by the point of sale occurring on private property within
West Brandywine Township.
[Added 7-2-2020 by Ord. No. 2020-03]
Any discernible, confined, and discrete conveyance including,
but not limited to, any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined in state regulations
at 25 Pa. Code § 92.a.
[Added 12-19-2013 by Ord.
No. 2013-07]
An outdoor fireplace constructed steel masonry or clay or
other noncombustible material burning solid fuel materials (firewood)
with a total fuel load area of not more than three feet square by
three feet in height.
[Added 6-1-2017 by Ord.
No. 2017-02]
Period after construction during which disturbed areas are
stabilized, stormwater controls are in place and functioning, and
all proposed improvements approved by the municipality are completed.
[Added 12-19-2013 by Ord.
No. 2013-07]
A structure for which construction or substantial improvement
occurred after December 31, 1974 or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated September 28, 1979, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
[Added 9-21-2017 by Ord.
No. 2017-03]
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
[Added 6-2-2016 by Ord.
No. 2016-03]
Land cover conditions assumed to exist within the proposed disturbed area prior to commencement of the regulated activity for the purpose of calculating the predevelopment water quality volume, infiltration volume, and peak flow rates as required in Chapter 161.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any telecommunications tower or antenna for which a building
permit or special use permit has been properly issued prior to effective
date of this article,[20] including permitted telecommunications towers or antennas
that have not yet been constructed so long as such approval is current
and not expired.
[Added 9-21-2017 by Ord.
No. 2017-05]
A structure for which construction or substantial improvement
occurred on or before December 31, 1974 or before the community's
initial Flood Insurance Rate Map (FIRM) dated September 28, 1979,
whichever is later, and, as such, would not be required to be compliant
with the regulations of the National Flood Insurance Program.
[Added 9-21-2017 by Ord.
No. 2017-03]
Techniques employed in stormwater BMPs to provide storage or filtering, or other methods to trap or remove coarse materials and other pollutants before they enter the stormwater system, but may not necessarily be designed to meet the entire water quality volume requirements of Chapter 161.
[Added 12-19-2013 by Ord.
No. 2013-07]
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline.
The primary surface zone, as shown on Figure 1,[21] is derived from the primary surface.
[Added 6-2-2016 by Ord.
No. 2016-03]
Any building or structure erected on a tract, lot or parcel
of land on which any use is carried out, except an accessory building.
Includes a dwelling, place of business or industry, or any other use
requiring a location identity, which has been assigned a postal address
by the municipality.
Any structure intended to be occupied as a whole by one family
or an apartment intended to be occupied by one family or any other
one-family living unit.
A strip of land, be it a street, alley or right of way, paved
or unpaved, but limited to the cartway thereof, and intended for general
public use as a means of vehicular and pedestrian circulation to provide
access to two or more dwelling units, office units, commercial units,
industrial units or any combination thereof. The term includes any
thoroughfare intended for public use.
A person who has a minimum of a bachelor of science degree
in forestry from a four-year college accredited by the Society of
American Foresters and acceptable to the Board of Supervisors.
The satisfactory completion of work under the contract described
in the specifications and shown on the plans incorporating performance,
services and materials for the whole, entirely complete and in full.
A sign that extends beyond the building wall, where the horizontal
sign face is not parallel to the building wall.
[Added 1-16-2020 by Ord. No. 2020-01]
A tract, parcel or portion of a tract or parcel of land located
within the official boundaries of West Brandywine Township.
The distance measured along the pavement edge or curb between
the property frontage boundary line and the near edge of the driveway.
All new, additional and replacement impervious surfaces.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any public way generally not less than eight feet or more
than 20 feet in width located within said Township, which affords
access to the side or rear of buildings in a block or section of the
Township.
As used in Chapter 148, the portion of the public sewer system acceptable for connection from building sewer excluding pressurized conveyance lines as part of the public sewer system.
[Added 11-16-2017 by Ord.
No. 2017-08]
A publication containing PennDOT's highway construction specifications,
including any amendment thereto and any substitution or replacement
thereof.
[Added 5-16-2013 by Ord. No. 2013-03]
Those facilities which are designed for and available to
the public, which may be offered for dedication, including but not
limited to streets, storm drainage facilities, sidewalks and utilities.
Those facilities which are available to the public and may
be offered for dedication, including streets, and storm drainage facilities.
Notice published once each week for two successive weeks
in a newspaper of general circulation in West Brandywine Township.
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 be not more than 30 days or less than 14 days
from the date of the hearing.
Any public street (as defined herein) and all Township parks,
playgrounds, public buildings or vacant lots located in the Township,
whether such vacant lots are owned by the Township or are owned privately.
The area on, below or above a public roadway, highway, street,
public sidewalk, alley, waterway or utility easement in which the
municipality has an interest.
[Added 2-2-2006 by Ord. No. 06-01]
Any municipal or privately owned sewer system regulated by
the Public Utility Commission (PUC), in which sewage is collected
and piped to an approved sewage disposal plant or central septic tank
disposal system.
[Added 10-5-2023 by Ord. No. 2023-04]
A facility which offers to the public any one or more of
animal-related services for which a fee is charged, including livery,
training, boarding, and instructions. For the purposes of this definition,
the term "public" shall refer to person(s) not owners or residents
of the tract upon which such facility is located nor nonpaying guests
of the owners or residents of such tract.
[Added 10-4-2001 by Ord. No. 01-02]
The sampling of alcoholic beverages by the general public.
[Added 10-5-2023 by Ord. No. 2023-04]
Provision for water supply to any property or use from a
central system supplying water from a common source or sources to
any number of uses within a specified service area. The water supply
source(s) may be located on-site and/or off-site and may be publicly
or privately owned. An individual on-site well supplying water to
a single principal use and/or permitted accessory uses shall not be
considered as public water supply service.
[Added 10-4-2001 by Ord. No. 01-02]
An individual appointed by the Township Supervisors to oversee
the employees performing work on Township streets.
[Added 5-16-2013 by Ord. No. 2013-03]
Open space, regardless of use or ownership, which is required to be incorporated into any development utilizing the Open Space Design Option and which meets the measurement and calculation requirements set forth in § 200-181D(2).
[Added 4-3-2008 by Ord. No. 08-01]
A residential real property owned and occupied as the domicile
of an active volunteer.
[Added 9-6-2018 by Ord.
No. 2018-05]
Any natural or artificially-produced substance which emits
radiation spontaneously.
That section of curb forming an arc beginning at the end
of a driveway and continuing to the throat of the driveway.
The depth of accumulated rainfall per unit of time.
[Added 12-19-2013 by Ord.
No. 2013-07]
All lands, tenements or hereditaments within
the Township, including without limitation buildings, structures,
fixtures, mines, minerals, oil, gas, quarries, spaces with or without
upper or lower boundaries, trees and other improvements, immovables
or interests which by custom, usage or law pass with a conveyance
of land, but excluding permanently attached machinery and equipment
in an industrial plant.
A condominium unit.
A tenant-stockholder's interest in a cooperative
housing corporation, trust or association under a proprietary lease
or occupancy agreement.
A corporation or association which is primarily engaged in
the business of holding, selling or leasing real estate, 90% or more
of the ownership interest in which is held by 35 or fewer persons
and which:
Derives 60% or more of its annual gross receipts
from the ownership or disposition of real estate; or
Holds real estate, the value of which comprises
90% or more of the value of its entire tangible asset holdings, exclusive
of tangible assets, which are freely transferable and actively traded
as an established market.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
[Added 12-19-2013 by Ord.
No. 2013-07]
An outdoor fire burning solid fuel material (firewood) within
the mandatory Township burn permit with a total fuel area of not more
than three feet square by three feet in height.
[Added 6-1-2017 by Ord.
No. 2017-02]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonable use.
As used in Chapter 89, a vehicle which is:
[Added 9-21-2017 by Ord.
No. 2017-03]
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Nonhazardous materials having monetary value in the secondary
materials market. These materials include, but are not limited to,
aluminum cans and other aluminum articles, bi-metal cans, glass containers,
corrugated paper (cardboard and paper boxes), magazines, newspapers,
computer printout paper, computer tab cards, office paper, steel cans
and paper products not chemically coated.
A molded, heavy duty plastic container approximately 11 gallons
in capacity with the recycle logo for the purpose of storage of recyclables
at a residential dwelling unit approved by the municipality.
The program or system of separation, collection, processing,
recovery, or reuse of recyclables.
Any regulated activity that involves demolition, removal,
reconstruction, or replacement of existing impervious surface(s).
[Added 12-19-2013 by Ord.
No. 2013-07]
All solid waste (excluding human body waste) generated within
the Township.
Any earth disturbance activity(ies) or any activity that
involves the alteration or development of land in a manner that may
affect stormwater runoff.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any activity involving earth disturbance subject to regulation
under 25 Pa. Code Chapter 92.a, Chapter 102, or the Clean Streams
Law.[22]
[Added 12-19-2013 by Ord.
No. 2013-07]
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, the base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
[Added 9-21-2017 by Ord.
No. 2017-03]
A nonprofit use of land or a building or buildings as a place
of worship, convent, monastery or similar religious institution, including
rectory and parish houses for an organization organized solely or
primarily as a religious institution.
To stay behind, to tarry and to stay unnecessarily upon the streets or in public places or establishments, including the congregating of groups in which any minor involved would not be using the streets, public places or establishments for ordinary or serious purposes, such a mere passage or going home. To implement this definition with additional precision and precaution, numerous exceptions hereto are expressly contained in and defined in § 77-5 of Chapter 77, Curfew.
A parcel of ground in separate (sometimes public) ownership
separating a street from other adjacent properties, or from another
street.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
[Added 7-2-2020 by Ord. No. 2020-03]
Any individual maintaining a voting address in the Township,
owning real estate in his own or joint names. A tenancy in common
or any other means of joint ownership shall be considered as an individual;
however, the signature of any single joint owner shall be considered
as binding the others.
The change in the number of dwelling units within an existing
single-family dwelling, resulting in the creation of party walls and
independent cooking, lavatory and sleeping facilities.
All garbage generated within a single-family residential
unit located within the Township.
A building or part of a building that is used to provide
for the sale and consumption of food and beverages, and which contains
seating.
[Added 10-5-2023 by Ord. No. 2023-04]
A watertight receptacle which receives and retains sewage
and is designed and constructed to hold sewage pending the ultimate
disposal of the sewage at another site.
The prevention of direct discharge of stormwater runoff into
surface waters or water bodies during or after a storm event by permanent
containment in a pond or depression; examples include systems which
discharge by percolation to groundwater, exfiltration, and/or evaporation
processes and which generally have residence times of less than three
days.
[Added 12-19-2013 by Ord.
No. 2013-07]
A reservoir, formed from soil or other material, designed to permanently retain stormwater runoff from a specified amount of stormwater runoff as defined by Chapter 167, Subdivision and Land Development. Retention basins always contain water and include man-made ponds and lakes.
As used in Chapter 161, an impoundment that is designed to temporarily detain a certain amount of stormwater from a catchment area and which may be designed to permanently retain stormwater runoff from the catchment area; retention basins always contain water.
[Added 12-19-2013 by Ord.
No. 2013-07]
The volume of runoff that is captured and not released directly
into the surface waters of the commonwealth during or after a storm
event.
[Added 12-19-2013 by Ord.
No. 2013-07]
The average interval, in years, within which a storm event
of a given magnitude can be expected to occur one time. For example,
the twenty-five-year return period rainfall would be expected to occur
on average once every 25 years; or stated in another way, the probability
of a twenty-five-year storm occurring in any one year is 0.04 (i.e.,
a four-percent-chance).
[Added 12-19-2013 by Ord.
No. 2013-07]
An examination of the sketch plan, preliminary plan, and or final plan by the Planning Commission and/or the West Brandywine Township Board of Supervisors to determine compliance with Chapter 167, Subdivision and Land Development, and the administrative regulations, design standards and improvement specifications enacted pursuant thereto.
The area between the right-of-way lines of a street.
[Amended 5-16-2013 by Ord. No. 2013-03]
An area of land to which the Township or other state agency
holds an existing estate or legal interest intended for public use.
[Added 10-5-2023 by Ord. No. 2023-04]
An area of land beyond the legal right-of-way needed to accommodate
the future widening of the street or roadway, usually measured from
the center line of the cartway.
[Added 10-5-2023 by Ord. No. 2023-04]
Pertaining to anything connected with or immediately adjacent
to the banks of a stream or other body of water.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any area comprised of one or more of the following:
[Amended 2-6-2003 by Ord. No. 03-02]
As used in Chapter 161, an area of land adjacent to a body of water and managed to maintain vegetation to protect the integrity of stream channels and shorelines, to reduce the impact of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals, and to supply food, cover and thermal protection to fish and other aquatic species and wildlife.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any part of precipitation that flows over the land surface.
[Added 12-19-2013 by Ord.
No. 2013-07]
A defined area of an airport prepared for the landing and
takeoff of aircraft along its length.
[Added 6-2-2016 by Ord.
No. 2016-03]
An area where roadways have been built to typical rural highways
standards without sidewalks and curbs.
See "Subdivision and Land Development Ordinance."
[Added 12-19-2013 by Ord.
No. 2013-07]
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation. Specifically excludes
wastewaters of industrial origin.
The normal water carried household and toilet wastes from
residences, business buildings, institutions, and commercial and industrial
establishments.
The use of plant materials, fencing and/or earthen berms
to aid in the concealment of such features as parking areas and vehicles
within them, and to provide privacy between two or more different
land uses which abut one another.
Soil Conservation Service, now known as the Natural Resources
Conservation Service.
[Added 12-19-2013 by Ord.
No. 2013-07]
The resulting residue from erosion.
As used in Chapter 161, soil or other materials transported by, suspended in or deposited by surface water as a product of erosion.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any surface or material which is partially penetrable or
able to absorb water, including but not limited to areas paved with
stone, gravel, sand, paver block, or other porous paving material,
as determined by the Township Code Enforcement Officer and/or Township
Engineer. A percentage of any areas comprised of semi-impervious cover
may be excluded from calculation of lot or tract coverage, as applicable,
to an extent reasonably related to the degree to which stormwater
passes through the paving material and does not contribute to stormwater
runoff, as determined by the Township Code Enforcement Officer and/or
Township Engineer.
[Added 3-21-2002 by Ord. No. 02-01]
Any and all stormwater management and/or conveyance structures,
facilities, physical conditions and/or systems (e.g., roadways, streets,
road drainage facilities, curbs, gutters, ditches, swales, natural
and/or man-made channels, storm sewers inlets, drains and basins)
designed, used and/or intended to be used to, or which do, collect
and/or convey stormwater runoff across property boundaries and/or
to or into waters of the commonwealth.
[Added 10-15-2009 by Ord. No. 2009-06]
As used in Chapter 161, a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) primarily used for collecting and conveying stormwater runoff.
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 148, the residual scum, sludge, and other materials pumped from, but not limited to, initial treatment units, other treatment tanks, retaining tanks, pump tanks, and the systems they serve.
[Added 11-16-2017 by Ord.
No. 2017-08]
A covered water-tight settling tank in which raw sewage is
changed into solid, liquid, and gaseous states to facilitate further
treatment and final disposal.
A structure housing operational, office, recreational park
maintenance and other facilities built to conform to required local
standard.
Any substance that contains any of the waste products, excrement
or other discharge from the bodies of human beings or animals and
any noxious or deleterious substances being harmful or inimical to
the public health or to animal or aquatic life or to the use of water
for domestic water supply or for recreation or which constitutes pollution
under the Act of June 22, 1937 (P.L. 1987), known as the "Clean Streams
Law," 35 P.S. § 691.1 et seq., as amended.
The Chester County Health Department.
As used in Chapter 148, a person certified by DEP who is employed by the Chester County Health Department. Such person is authorized to conduct investigations and inspections, review permit applications, and do all other activities as may be provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder and this or any other ordinance adopted by the Township or Chester County Health Department.
[Added 11-16-2017 by Ord.
No. 2017-08]
INDIVIDUAL SYSTEMThe disposal of sewage by use of cesspools, septic tanks, or other safe and healthful means, approved by the Chester County Health Department. Such system shall be totally within the confines of the lot on which the use is located.
COMMUNITY SEWAGE COLLECTION TREATMENT AND/OR DISPOSAL SYSTEMA sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on-site or off-site, and shall be approved by the Pennsylvania Department of Environmental Protection.
PUBLIC SEWAGE SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed in interceptor to a publicly-operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
As used in Chapter 148, a comprehensive set of legal and administrative requirements encompassing the requirements of this chapter,[23] the Sewage Facilities Act, the Clean Streams Law, the
regulations promulgated thereunder and such other requirements adopted
by the Board to effectively enforce and administer this chapter.
[Added 11-16-2017 by Ord.
No. 2017-08]
As used in Chapter 148, liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumping from commercial, institutional or residential establishments. The term includes materials derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system, or grit, screenings and nonorganic objects from septic and holding tank pumping.
[Added 11-16-2017 by Ord.
No. 2017-08]
As used in Chapter 148, work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
[Added 11-16-2017 by Ord.
No. 2017-08]
The lateral distance between the right-of-way line and the
roadside business building, liquid fuel pump island, display stand
or other object, the use of which will result in space for vehicles
to stop or park between such facilities and the right-of-way line.
The lowest mean discharge of a watercourse for seven consecutive
days in a ten-year period of record. Where the period of record is
not of sufficient length, other methods, such as correlation, may
be used. All methods and references are described in Water Resources
Bulletin No. 1, Pennsylvania Streamflow Characteristics Low Flow Frequency
and Flow Duration (1966) by United States Department of Interior,
Geological Survey, Harrisburg, PA.
A cleanout on the service line whether just inside or outside
the building wall through which the sewer may be cleaned.
The sewer connection consists of all pipes, fittings and
appurtenances from the drain outlet of a building to the inlet of
the corresponding sewer riser pipe.
Any person who may, from time to time, be placed in general
charge of the sewer system.
The sewer riser pipe is that portion of the sewer lateral
which extends vertically to the ground elevation and terminates at
each building.
All facilities operated by the Township and/or Authority
for the collection, transportation, treatment or disposal of sanitary
sewage.
A tree in a public place or within a street right-of-way as provided by Chapter 167, Subdivision and Land Development.
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
[Added 12-19-2013 by Ord.
No. 2013-07]
A unified, multiple use of a single property for the retail
sale of goods including provisions for off-street parking provided
on the property.
The intersection of the shoulder slope with the side slope
or ditch slope.
A permanent hard paved walkway, continuous for a reasonable
distance and integral part of highway development, solely for use
of pedestrians.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is obstructed by traffic.
OBJECT SIGHT DISTANCEShall be measured from a point 3.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface.
VEHICLE SIGHT DISTANCEShall be measured from one point 3.5 feet above the center line of a road surface to another point 3.5 feet above the center line of a road surface.
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
A sign which offers services or goods produced or available
somewhere other than on the lot which the sign is located, including
billboards.
The face of a sign including all lettering, wording, designs
and symbols, together with background, whether open or enclosed on
which they are displayed, including the frame, but not including any
supporting framework and bracing. Where a sign consists of individual
letters, numbers, characters or symbols attached to a building, the
area of the sign shall be considered that of the smallest rectangle
or other regular geometric shape which encompasses all of the letters
and symbols. Double-faced signs shall have only one face used to compute
sign area.
A sign which offers services or goods available on the lot
on which the sign is located.
An informational sign indicating direction, entry, exit,
loading or service areas, fire lanes, parking and other information
incidental to the primary use and not itself advertising that use.
A sign erected by the state, county, Township or other legally
constituted governmental body.
A temporary sign identifying a political candidate, a party
or a political and/or public referendum contained on a ballot.
[Added 7-7-2005 by Ord. No. 05-04]
A sign designed to be displayed for less than 60 days, including
premises for sale, advertisements during construction, and political
signs.
A temporary sign placed by the landowner on the landowner's
private property to express one's personal opinion on any matter.
[Added 7-7-2005 by Ord. No. 05-04]
A building within the Township occupied exclusively as a
residence for only one family.
The possession of real estate by one or more persons where
vested interest is separate and distinct from that of any adjoining
property.
Total area of land in the municipality where any proposed regulated activity, as defined pursuant to Chapter 161, is planned, conducted, or maintained or that is otherwise impacted by the regulated activity.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any substance containing residue of the waste products or
excrementitious or other discharge from the bodies of human beings,
or any similar substance which results from the treatment of human
waste.
A method of runoff computation developed by NRCS that is
based on relating soil type and land use/cover to a runoff parameter
called curve number (CN).
[Added 12-19-2013 by Ord.
No. 2013-07]
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities by measuring
the absorptive capacity of the soil at a given location and depth.
The seeking or execution of contracts or orders for any goods,
wares, services or merchandise for future delivery, or for subscriptions
or contributions upon any of the streets or sidewalks, or from house
to house, or by visitation to private residences, or by entering in
or upon private property within the Township of West Brandywine, and
further, the seeking or taking of contract orders for home or other
building repairs, improvements and alterations, and also orders or
contracts for any mechanical, electrical, plumbing, or heating device
or equipment, or other building improvements, or repairs upon or from
the places aforesaid within said Township. Soliciting shall not, however,
include the canvassing of a private residence for political, religious,
or other charitable purpose where the charitable purpose is the primary
purpose of the canvassing.
[Added 7-2-2020 by Ord. No. 2020-03]
Any person who shall engage in soliciting as defined herein.
[Added 7-2-2020 by Ord. No. 2020-03]
As used in Chapter 155, private firm awarded contract to perform the collection of solid waste and recyclables for the municipality.
[Added 10-17-2019 by Ord.
No. 2019-04]
Any occasion including but not limited to a fair, festival,
show, exhibition or Township-wide celebration taking place within
a specifically designated area of the Township.
[Added 7-2-2020 by Ord. No. 2020-03]
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
[Added 9-21-2017 by Ord.
No. 2017-03]
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.
[Added 10-19-2006 by Ord. No. 06-10]
Contained in the specifications, inclusively, all definitions,
descriptions, requirements, terms, stipulations and all written supplements,
made or to be made thereto pertaining to the contract, and all materials,
equipment and workmanship to be furnished under the contract.
Any of the following:
[Added 10-4-2001 by Ord. No. 01-02]
Acts of masturbation, homosexuality, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such a person be female, breasts.
The condition of human male or female genitals
when in a state of sexual stimulation or arousal.
Flagellation or torture by or upon a person
clad in undergarments, a mask or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
A unique, rare or otherwise specifically selected plant or
tree which most typically represents a class or group in terms of
shape, form, historical importance or other characteristics which
may be designated as such by the Township.
Any individual plant or group of plants identified
as a visual accent in the West Brandywine Township Open Space, Recreation
and Environmental Resources Plan.[24]
Any tree equal to or exceeding the minimum size
(dbh) necessary to qualify as a specimen tree for its species (or
species group; i.e., "oak") pursuant to the following Specimen Tree
List:
|
Species
|
Min. Size
(inch)
|
Min. Size Species
|
Min. Size
(inch)
|
Species
|
(inch)
| |
|---|---|---|---|---|---|---|
|
Ash
|
24
|
Hickory
|
28
|
Sycamore
|
36
| |
|
Basswood
|
30
|
Locust
|
30
|
Tulip Poplar
|
32
| |
|
Beech
|
28
|
Maple
|
28
|
Walnut
|
26
| |
|
Cherry
|
24
|
Oak
|
24
|
White Pine
|
30
| |
|
Elm
|
30
|
Sassafras
|
20
| |||
|
Hemlock
|
20
|
Spruce
|
30
|
Any aggregate such as gravel, stone, slag, or mixtures of
such aggregates with soil, placed in such a manner as to provide a
smooth, stable, all-weather surface not subject to undue graveling.
Any building, structure or portion thereof which is used
in whole or in part for the shelter or care of sheep, goats, horses
or cattle or other livestock.
[Added 10-4-2001 by Ord. No. 01-02]
See "public stable."
[Added 10-4-2001 by Ord. No. 01-02]
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the floodplain administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
[Added 9-21-2017 by Ord.
No. 2017-03]
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Pennsylvania Code Title 25 and the
Clean Streams Law.[25]
[Added 12-19-2013 by Ord.
No. 2013-07]
The length of time designated by the Pennsylvania Municipalities
Planning Code[26] in which the municipal review of preliminary and final
plans for subdivision and land development must occur.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flag poles and light poles.
[Added 9-21-2017 by Ord.
No. 2017-05]
Clean non-aerosol and empty all-steel (ferrous and metal)
or bi-metal beverage and food containers.
A piece of ground that either forms a natural or artificial plane characterized by a decline or increase of 15% or more, as noted and measured in § 200-69.
See "return period."
[Added 12-19-2013 by Ord.
No. 2013-07]
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
[Added 12-19-2013 by Ord.
No. 2013-07]
Any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
[Added 12-19-2013 by Ord.
No. 2013-07]
The plan prepared by the applicant or its representative, in accordance with the requirements of Article IV of Chapter 161, indicating how stormwater runoff will be managed at a particular site in accordance with Chapter 161, and including all necessary design drawings, calculations, supporting text, and documentation to demonstrate that chapter requirements have been met, herein referred to as "SWM site plan." All references in Chapter 161 to "final" or "approved" SWM site plans shall incorporate the approved SWM site plan and all subsequent approved revisions thereto.
[Added 12-19-2013 by Ord.
No. 2013-07]
The portion of a building located between the surface of
any floor and the surface of the floor or roof next above.
Any watercourse.
As used in Chapter 161, a natural watercourse.
[Added 12-19-2013 by Ord.
No. 2013-07]
A way or place of whatever nature, open to the use of the public for purposes of vehicular travel or, in the case of sidewalk thereof, for pedestrian travel. The term "street" as used herein includes the legal right-of-way, including, but not limited to, the cartway of traffic lanes, the curb and sidewalks (whether paved or unpaved) and any grass plots or other grounds found within the legal right-of-way of a street. For purposes of Chapter 77, Curfew, "street" also applies to ways the public is privileged to use over private property as long as the owner thereof permits such public use (including, by way of example but not limitation, sidewalks and grass plots open to public use) and to parking areas of any types (including, by way of example but not limitation, residential, municipal or commercial parking areas) which are open to and available for public use whether or not assessed by any street. In addition, the term "street" shall apply irrespective of what it is named or was formerly named, whether "alley," "avenue," "court," "road" or otherwise, or whether it is maintained by the Township and irrespective of whether it is open to the public as a matter of right.
A public or private right-of-way intended as a means of vehicular
travel, furnishing access to abutting properties. The term "street"
shall include the words "roads" "highway" "thoroughfare", and "way."
Streets shall be further classified as follows according to the West
Brandywine Township Comprehensive Plan[27]:
ARTERIAL STREETA street designed for large volumes of comparatively high-speed and long-distance traffic, including all streets classified as main and secondary highways by the Pennsylvania Department of Transportation. Access to abutting properties is restricted in an effort to give preference to through movement of traffic.
COLLECTOR STREETA street which in addition to providing access to abutting properties, intercepts minor local streets to provide a route serving 50 or more dwelling units to community facilities and/or other collector and arterial streets.
MARGINAL ACCESS STREETA minor local street, parallel and adjacent to an arterial street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with arterial streets.
MINOR LOCAL STREETA street used primarily to provide access to abutting properties.
A line which is an equal distance from both street lines.
A minor street intersecting another street and terminating
in a vehicular turnaround at the other end.
The right-of-way line of a public or private street.
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than normally required for improvement
and use of the street.
A local street, serving only abutting lots which is not offered
or required to be offered for dedication.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway) intended for general public use as a means
of vehicular and pedestrian circulation to provide access to more
than one lot. The term "public street" includes any thoroughfare intended
for public use.
The activity of a person selling any goods from any type
of portable stand, table, or in a vehicle located on any street, roadway
or public right- of-way, except on a sidewalk abutting a property
of which such person is the owner or lawful occupant thereof.
[Added 7-2-2020 by Ord. No. 2020-03]
See "BMP (best management practices)."
[Added 12-19-2013 by Ord.
No. 2013-07]
A combination of materials to form a construction for use,
occupancy, or ornamentation whether installed on, above or below the
surface of the land or water, excluding; curbs, retaining walls, light
standards, stormwater management facilities, underground pipes and
similar items. The term "structure" shall include, but not be limited
to buildings, sheds, garages, swimming pools, fences (excluding those
used for detaining of livestock or domestic animals and those of the
open variety that may be placed around the property boundaries of
a single-family dwelling), etc.
As used in Chapter 161, see "impervious surface."
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 89, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
[Added 9-21-2017 by Ord.
No. 2017-03]
This term, as employed in Chapter 147, includes only those having a direct contract with the contractor, and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes materials.
Any individual, co-partnership or corporation (or agent authorized thereby) which undertakes the subdivision of land, as defined by Chapter 167, Subdivision and Land Development, as the owner, lessee, equitable owner (or agent authorized thereby) of the land being subdivided.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
As used in Chapter 161, the division or re-division of a lot, tract, or parcel of land as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247 (as amended).
[Added 12-19-2013 by Ord.
No. 2013-07]
As used in Chapter 89, the division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
[Added 9-21-2017 by Ord.
No. 2017-03]
Subdivision and Land development ordinance of West Brandywine
Township, Chester County, PA, as amended.[28]
[Added 12-19-2013 by Ord.
No. 2013-07]
An agent of the Township, as hired by the Board of Supervisors, who is responsible for the processing of applications as established by Chapter 167, Subdivision and Land Development.
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.
[Amended 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
[Added 9-21-2017 by Ord.
No. 2017-03]
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:
[Amended 10-19-2006 by Ord. No. 06-10]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an "historic structure," provided
that the alteration will not preclude the structure's continued designation
as an "historic structure."
As used in Chapter 89, any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "cumulative substantial damage" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
[Added 9-21-2017 by Ord.
No. 2017-03]
A licensed surveyor registered by the Commonwealth of Pennsylvania.
An artificial or natural waterway or low-lying stretch of
land that gathers and conveys stormwater or runoff, and is generally
vegetated for soil stabilization, stormwater pollutant removal, and
infiltration.
[Added 12-19-2013 by Ord.
No. 2013-07]
A temporary or permanent structure, not enclosed within a
building, containing or having the potential to contain a body of
water with a minimum depth of two feet.
See "stormwater management site plan."
[Added 12-19-2013 by Ord.
No. 2013-07]
A retail facility licensed by the PLCB, which offers taste
of the product for primarily retail sales for off-site consumption
or carry-out. See also "public tasting."
[Added 10-5-2023 by Ord. No. 2023-04]
Any inn, club, or lodge licensed by the PLCB and operated
in accordance with PLCB regulations, in which alcoholic beverages
are sold or consumed on the premises, and where packaged alcoholic
beverages may be sold accessory to the principal use.
[Added 10-5-2023 by Ord. No. 2023-04]
The agent or person appointed by the Board of Supervisors to collect the local services tax levied by Chapter 170, Article II, and to administer the provisions thereof. The Tax Collector shall also have all the powers, rights, duties and obligations assigned to them as is defined in the Local Tax Enabling Act.[29]
[Added 12-6-2007 by Ord. No. 07-06]
The period beginning January 1, 1993, and ending December
31, 1993, and each succeeding calendar year thereafter, commencing
January 1, 1994.
Any natural person engaging in an occupation within the territorial
limits of the Township.
The person designated by the Supervisors of West Brandywine
for the collection of the emergency and municipal services tax.
[Added 1-7-2005 by Ord. No. 05-02]
The period between January 1 and December 31 in any calendar
year.
[Added 1-7-2005 by Ord. No. 05-02]
The provider of cable, phone or fiber-optics service, i.e.,
Comcast Cable, Verizon or a designee, etc.
[Added 2-2-2006 by Ord. No. 06-01]
Any building, object, sign, etc. that is not designed or
intended to be permanent by means of a permanent foundation or other
means of affixing the building, object or sign, etc. to the ground
and which is intended to be utilized for a limited period of time.
[Added 7-7-2005 by Ord. No. 05-04]
The uprooting or removal of more than four trees, greater
than 12 inches dbh, per acre, from any lot or tract greater than two
acres in area, except where in accordance with an approved building
permit or land development or for the purpose of removing dead, diseased,
dangerous or invasive vegetation only.
[Added 11-21-2002 by Ord. No. 02-05]
A description by means of text and maps, as necessary, describing
proposed actions involving the removal of trees from a lot or tract.
Such plan shall have been prepared by a forester with demonstrable
expertise in forest management.
[Added 11-21-2002 by Ord. No. 02-05]
See "forest management."
[Added 12-19-2013 by Ord.
No. 2013-07]
The prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Saving Time, as observed at that hour (or minute) by the public in the Township; prima facie evidence of the time for purposes of Chapter 77, Curfew, shall be the time actually observed in the Township administrative offices or in the Township of West Brandywine Police Department.
Any interest in real estate which endures for
a period of time, the termination of which is not fixed or ascertained
by a specific number of years, including without limitation an estate
in fee simple or perpetual leasehold.
Any interest in real estate enduring for a fixed
period of years but which, either by reason of the length of the term
or the grant of a right to extend the term by renewal or otherwise,
consists of a group of rights approximating those of an estate in
fee simple, life estate or perpetual leasehold, including without
limitation a leasehold interest or possessory interest under a lease
or occupancy agreement for a term of 30 years or more or a leasehold
interest or possessory interest in real estate in which the lessee
has equity.
Highest point of elevation of the bank of a stream or channel
cross-section at which a rising water level just begins to flow out
of the channel and into the floodplain.
[Added 12-19-2013 by Ord.
No. 2013-07]
West Brandywine Township, Chester County, Pennsylvania.
[Amended 5-16-2013 by Ord. No. 2013-03]
As used in Chapter 129, the Township of West Brandywine, Chester County, Pennsylvania.
[Added 7-2-2020 by Ord. No. 2020-03]
As used in Chapter 147, the Township of West Brandywine is a Township of the Second Class, governed by a three-person Board of Supervisors.
A civil engineer who is registered as a professional engineer
in the Commonwealth of Pennsylvania and is employed, contracted or
appointed by the Township.
[Amended 5-16-2013 by Ord. No. 2013-03]
The Township Manager of the Township or the Township Manager's
designee.
[Added 2-2-2006 by Ord. No. 06-01]
All roads granted by deed of dedication and accepted by West
Brandywine Township, or otherwise placed in the Township domain or
over which the Township assumes control under the provisions of any
Act of Assembly.
A street under the jurisdiction of the Township.
[Added 5-16-2013 by Ord. No. 2013-03]
The Township Supervisors of West Brandywine Township, Chester
County, Pennsylvania.
[Added 5-16-2013 by Ord. No. 2013-03]
One or more lots assembled for the purpose of unified development,
including a planned residential development, shopping center, office
or industrial park.
The area within the legal property lines of a tract.
The area of land contained within the legal property lines of a tract, excluding certain areas as set forth in § 200-180B of the West Brandywine Township Code, for purposes of establishing applicable density of development and maximum lot and building coverage.
[Amended 7-17-2003 by Ord. No. 03-10]
The making, executing, delivering, accepting or presenting
for recording of a document.
In the case of any bona fide sale of real estate
at arm's length for actual monetary worth, the amount of the actual
consideration therefor, paid or to be paid, including liens or other
encumbrances thereon existing before the transfer and not removed
thereby, whether or not the underlying indebtedness is assumed, and
ground rents or a commensurate part thereof, where such liens or other
encumbrances and ground rents also encumber or are charged against
other real estate, provided that where such documents shall set forth
a nominal consideration, the value thereof shall be determined from
the price set forth in or actual consideration for the contract of
sale.
In the case of a gift, sale by execution upon
a judgment or upon the foreclosure of a mortgage by a judicial officer,
transactions without consideration or for consideration less than
the actual monetary worth of the real estate, a taxable lease, an
occupancy agreement, a leasehold or possessory interest, any exchange
of properties or the real estate of an acquired company, the actual
monetary worth of the real estate determined by adjusting the assessed
value of the real estate for local real estate tax purposes for the
common level ratio factor developed by the Pennsylvania Department
of Revenue for Pennsylvania realty transfer tax base calculations
as established by the State Tax Equalization Board.
The actual consideration for or actual monetary
worth of any executory agreement for the construction of buildings,
structures or other permanent improvements to real estate between
the grantor and other persons existing before the transfer and not
removed thereby or between the grantor, the agent or principle of
the grantor of a related corporation, association or partnership and
the grantee existing before or effective with the transfer.
Any person, whether principal or agent, who offers for sale any goods, wares, or merchandise under the terms and conditions specified in Article XVIII of the Second-Class Township Code (53 P.S. § 66801).
[Added 7-2-2020 by Ord. No. 2020-03]
The time period in which the display of an electronic sign/billboard
transitions to another display.
[Added 1-16-2020 by Ord. No. 2020-01]
An imaginary surface that extends outward and upward from
the edge of the primary and approach surfaces to the horizontal surface
at a slope of seven feet horizontally to one foot vertically (7:1).
The transitional surface zone, as shown on Figure 1,[30] is derived from the transitional surface.
[Added 6-2-2016 by Ord.
No. 2016-03]
The Treasurer of West Brandywine Township.
[Added 1-7-2005 by Ord. No. 05-02]
A health care facility licensed by the Pennsylvania Department
of Health, and/or Pennsylvania Department of Drug and Alcohol Programs
(DDAP) and/or Office of Mental Health and Substance Abuse Services
(OMHSAS), which provides housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of:
[Added 10-5-2023 by Ord. No. 2023-04]
Addiction to alcohol and/or a controlled substance;
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol; or
A type of mental illness or other behavior that could cause
a person to be a threat to the physical safety of others.
A watertight receptacle which receives the discharge of sewage
from a house or building sewer line and is designed and constructed
so as to permit settling of settleable solids from the liquid digestion
of the organic matter by detention and discharge of the liquid portion
into a distribution system or pit for underground dispersion or elevated
sand mound, individual spray irrigation. Treatment tanks include septic
tanks, cesspools, aerobic units and the like.
Any object of natural growth.
[Added 6-2-2016 by Ord.
No. 2016-03]
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 10-19-2006 by Ord. No. 06-10]
As used in Chapter 89, the statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
[Added 9-21-2017 by Ord.
No. 2017-03]
An area where the roadways have been built to typical city
street standards, including sidewalks and curbs.
United States Department of Agriculture.
[Added 12-19-2013 by Ord.
No. 2013-07]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A person owning a utility facility, including any wholly
owned or controlled subsidiary, and including any plumber or any other
contractor hired or engaged by the owner.
[Added 5-16-2013 by Ord. No. 2013-03]
A runway that is constructed for and intended for and to
be used by propeller driven aircraft of 12,500 pounds maximum gross
weight or less.
[Added 6-2-2016 by Ord.
No. 2016-03]
As used in Chapter 89, a grant of relief by a community from the terms of a floodplain management regulation.
[Added 9-21-2017 by Ord.
No. 2017-03]
Any device in, upon, or by which any person or property is
or may be transported or drawn upon a public highway.
As used in Chapter 86, every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
[Added 5-2-2024 by Ord. No. 2024-01]
Ground planted with grapevines cultivated for the purpose
of producing wine. A vineyard is used exclusively for the production
of grapes and/or other crops which may be made into wine. The term
"vineyard" shall not include a winery, which is a separate use. A
vineyard shall be considered a form of agriculture.
[Added 10-5-2023 by Ord. No. 2023-04]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
[Added 9-21-2017 by Ord.
No. 2017-03]
A runway intended solely for the operation of aircraft using
visual approach procedures.
[Added 6-2-2016 by Ord.
No. 2016-03]
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow (per Chapter 105 regulations of the Commonwealth of Pennsylvania
Department of Environmental Protection).
[Amended 6-7-2007 by Ord. No. 07-01]
As used in Chapter 161, a channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
[Added 12-19-2013 by Ord.
No. 2013-07]
Regulated waters of the Commonwealth, including watercourses,
streams or bodies of water and their floodways wholly or partly within
or forming part of the boundary of the Commonwealth of Pennsylvania
(per Chap. 105).
As used in Chapter 161, any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the commonwealth.
[Added 12-19-2013 by Ord.
No. 2013-07]
All the land from which water drains into a particular watercourse.
As used in Chapter 161, region or area drained by a river, watercourse, or other body of water, whether natural or artificial.
[Added 12-19-2013 by Ord.
No. 2013-07]
INDIVIDUAL SYSTEMA safe and healthful supply of water to a single user from a private well located on the lot in which the use is located.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources, available to all dwelling and buildings within a franchise area. The system shall be approved by the Chester County Health Department, the Department of Environmental Protection, and the Pennsylvania Public Utility Commission.
The upper most level of saturation of pore space or fractures
by groundwater. "Seasonal high water table" refers to a water table
that rises and falls with the seasons due either to natural or man-made
causes.
[Added 12-19-2013 by Ord.
No. 2013-07]
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. Wetlands
generally include swamps, marshes, bogs, fens, and similar areas.
[Added 12-19-2013 by Ord.
No. 2013-07]
The on-site method or process for identifying wetlands which
is currently adopted by the Pennsylvania Department of Environmental
Protection. (NOTE: The Commonwealth currently requires the methodology
outlined in Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, 1989.)
A document that describes the investigation procedures and
findings of a wetland delineation.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. Wetland include all lands
regulated as wetlands by the Pennsylvania Department of Environmental
Protection and/or the United States Army Corps of Engineers.
Any premises or plants where any alcohol or liquor is produced
by the process by which wine is produced; and shall include the manufacturing
by distillation of alcohol derived from by-products of wine production
by distillation for the sole purpose of adding to the fermented products
to fortify the same, where licensed by the Pennsylvania Liquor Control
Board (PLCB) and operated in accordance with PLCB regulations. A winery
may be incidental to or part of an agricultural use, and may include
an accessory tasting room, restaurant, event space, and retail sales
for on-premises or off-premises consumption, in accordance with PLCB
regulations.
[Added 10-5-2023 by Ord. No. 2023-04]
A tree mass or plant community in which tree species are dominant, the branches of the trees form a complete, or nearly complete, aerial canopy. For the purposes of Ch. 200, Zoning, and Ch. 167, Subdivision and Land Development, the extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the community. Woodland shall include any area where timber harvesting has occurred within the previous five years and/or where woodland disturbance has occurred within the previous five years which would have met the definition of woodland prior to timber harvesting or disturbance. Woodlands do not include orchards, hedgerows, or oldfields.
[Amended 11-21-2002 by Ord. No. 02-05]
[Amended 11-21-2002 by Ord. No.
02-05]
Any activity which alters the existing structure
of a woodland or hedgerow. Alterations include the cutting or removal
of canopy trees, subcanopy trees, understory shrubs and vines, woody
and herbaceous woodland floor species;
Any activity which constitutes a land disturbance
(exposes soils, alters topography) within a woodland or hedgerow;
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 Rose (Rosa multiflora),
Autumn Olive (Eleagnus umbellata) Japanese Honeysuckle (Lonicera japonica),
Oriental Bittersweet (Celastrus orbiculatus), Norway Maple (Acer platanoides),
and Mile-a-Minute Weed (Polygonum perfoliatum).
Any land area of at least 0.25 acre with a natural or naturalized
ground cover (excluding manicured turf grass) and that has an average
density of two or more viable trees per 1,500 square feet with a DBH
of six inches or greater and where such trees existed at any time
within three years of the time of land development application submission
of the proposed project. The land area to be considered woods shall
be measured from the outer drip lines of the outer trees.
[Added 12-19-2013 by Ord.
No. 2013-07]
The term "work" of the contractor or a subcontractor includes
labor or materials or both, equipment, transportation or other facilities
necessary to complete the contract.
A portion of a lot which is unoccupied and open, and extends
from all lot lines to the structure.
A yard extending the full width of the front lot line and
extending in depth from such lot line to the nearest point of the
principal use structure.
[Amended 7-18-2002 by Ord. No. 02-04]
A yard extending the full width of the rear lot line and
extending in depth from such lot line to the nearest point of the
principal use structure.
[Amended 7-18-2002 by Ord. No. 02-04]
A yard extending along the side lot line from the required
front yard to the required rear yard.
[Amended 7-18-2002 by Ord. No. 02-04]
The part of solid waste composed of grass clippings, leaves,
twigs, branches and garden refuse.
[Added 4-17-2008 by Ord. No. 08-02]
The age of an individual as established on the day of any infraction alleged hereunder. For purposes of Chapter 77, Curfew, the "year of age" shall be the period of time between the previous birthday of an individual and the next consecutive birthday (but not including the day of such birthday) of an individual.
[2]
Editor's Note: Figure 1 of Ord. No. 2016-03 is on file in
the Township offices.
[3]
Editor's Note: See 53 P.S. § 5421.
[4]
Editor's Note: The former definition of "Collector,"
which immediately followed this definition, was repealed 12-6-2007
by Ord. No. 07-06. See now "Tax Collector."
[5]
Editor's Note: See 68 P.S. § 3101
et seq.
[6]
Editor's Note: Figure 1 of Ord. No. 2016-03 is on file in
the Township offices.
[7]
Editor's Note: The Holding Tank Rules and Regulations are included at the end of Ch. 148, Sewers.
[9]
Editor's Note: See 53 P.S. § 6924.101 et seq.
[11]
Editor's Note: See 72 P.S. § 5490.1 et seq.
[12]
Editor's Note: Figure 1 of Ord. No. 2016-03 is on file in
the Township offices.
[13]
Editor's Note: See 53 P.S. § 10503(1.1).
[14]
Editor's Note: See 53 P.S. § 10503(1.1).
[15]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[16]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[17]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[21]
Editor's Note: Figure 1 of Ord. No. 2016-03 is on file in
the Township offices.
[22]
Editor's Note: See 35 P.S. § 691.1 et seq.
[24]
Editor's Note: See Ch. A207, Open Space, Recreation
and Environmental Resources Plan.
[25]
Editor's Note: See 35 P.S. § 691.1 et seq.
[26]
Editor's Note: See 53 P.S. § 10101
et seq.
[29]
Editor's Note: See 53 P.S. § 6901
et seq.
[30]
Editor's Note: Figure 1 of Ord. No. 2016-02 is on file in
the Township offices.
