The following words and phrases shall be construed throughout this chapter to have the meaning indicated in this article:
A. 
The present tense shall include the future; the singular shall include the plural, and the plural the singular; the masculine gender includes the feminine and neuter; the word "person" includes any individual, estate, trust, fiduciary, partnership, firm, association, corporation or organization.
B. 
The word "shall" is always mandatory; the word "may" is optional.
C. 
The word "county" refers to Chester County, Pennsylvania; the term "Township" shall refer to the Township of New Garden; the term "Planning Commission" shall refer to the Planning Commission of New Garden; and the term "Zoning Hearing Board" shall refer to the Zoning Hearing Board of New Garden Township.
D. 
The word "including" shall not limit the term to the specified example but is intended to extend its meaning to all other instances of similar kind and character.
E. 
The definitions provided in this article are applicable solely to the provisions of this chapter.
[Added 11-25-2013 by Ord. No. 202]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
One additional dwelling unit, physically subordinate to the primary unit.
ACCESSORY BUILDING
A building subordinate to the principal buildings on a lot and used for purposes customarily incidental to those of the principal building, not used as a residence, or human occupancy.
ACCESSORY BUILDING AND STRUCTURE, RESIDENTIAL
A building or structure subordinate to the principal residential building located on the same lot and used for purposes customarily incidental to those of the principal building, including but not limited to decks, porches, sheds, gazebos, swimming pools, patios, detached garages, retaining walls, landscaping walls, ornamental walls and similar buildings and structures. Residential accessory buildings and structures are not to be used as a residence or for human occupancy.
[Added 8-18-2014 by Ord. No. 212]
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar equipment.
[Added 2-21-2017 by Ord. No. 220]
ACCESSORY USE
A use that: is subordinate in area, extent, intensity and purpose to the principal permitted use; is incidental to the principal permitted use; is compatible with, and customary to, the permitted principal use; and is located on the same lot as the permitted principal use. Accessory uses are subject to the provisions of this Chapter 200, including, but not limited to, Article XVI and Article XVII.
[Amended 10-24-2011 by Ord. No. 188]
ACT
The Pennsylvania Municipalities Planning Code, Act 247 (53 P.S. § 10101 et seq.), as amended.
ADULT ENTERTAINMENT USE
An "adult entertainment use" shall be considered any of the following:
A. 
ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock as:
(1) 
Books, films or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
B. 
ADULT CABARETA nightclub, theater, or other establishment which features live or media representations of performances by topless or bottomless dancers, go go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
C. 
MASSAGE PARLORAny establishment or business which provides the services of massage and 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 commonwealth. The definition does not include an athletic club, health 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.
D. 
Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
AGE-QUALIFIED COMMUNITY
A community comprised of any combination of permitted residential uses that conforms to the occupancy requirements of the Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended by the Housing for Older Persons Act, P.L. No. 104-76, 109 Stat. 787,[1] approved December 28, 1995.
[Added 11-9-2009 by Ord. No. 183]
AGE-QUALIFIED UNIT
A residential unit within an age-qualified community.
[Added 11-9-2009 by Ord. No. 183]
AGRICULTURAL/FARM PRODUCTS
A plant grown and harvested on a tract of land in agricultural use intended for sale to the general public.
AGRICULTURAL USE, INDOOR
The cultivation of the soil and the raising and harvesting of the products of the soil, or the raising of animals, performed within a structure or structures, including but not limited to mushroom growing, greenhouses, hydroponic gardening, and poultry houses.
AGRICULTURAL USE, OUTDOOR
The cultivation of the soil and the raising and harvesting of the products of the soil done outside a building in the open air, commonly referred to as "crop farming."
AGRICULTURE
The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nurserying, horticulture, mushroom growing, and the breeding and raising of customary domestic animals, but excluding cats and dogs.
[Amended 11-25-2013 by Ord. No. 202]
AIRPORT
The New Garden Flying Field.
AIRPORT ELEVATION
The highest point of the airport's usable landing area measured in feet from mean sea level.
AIRPORT HAZARD
Any structure or object of natural growth located on or in the vicinity of the airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.
AIRPORT INTEGRATED COMMERCE CENTER
Any one or more of the following uses, when developed in a unified manner, consistent with the provisions of § 200-53.2, and consistent with a unified plan for development of the Airport Development Zone prepared by New Garden Township: conference facility, research and development facility, planned office park and light industrial park, provided that such uses are related to, support and/ further the objectives of Article XA.
[Added 11-12-2007 by Ord. No. 175]
AIRPORT ZONING ACT
The Airport Act of the Commonwealth of Pennsylvania, Act of April 17, 1945, P.L. 237,[2] as the same may be amended from time to time.
AIR TRANSPORT PACKAGE HANDLING FACILITY
A structure within which commodities are temporarily stored, while waiting delivery to their intended destination, after having been shipped by air transport to the facility or while waiting to be shipped by air transport from the facility. This definition does not include structures and uses commonly referred to as warehouse, distribution facility, trucking terminal, storage facility and the like.
[Added 11-12-2007 by Ord. No. 175]
ALL-WEATHER SURFACE
A pavement constructed of materials such as macadam, bituminous concrete, portland cement concrete, grasscrete pavers, unistone pavers, or other surfaces approved by the Township Engineer.
[Added 4-25-2016 by Ord. No. 217]
ALTERATIONS
Any change to a building or structure in one of the following manners:
A. 
All incidental to changes or replacements in a nonstructural part of a building or other structure.
B. 
Changes or replacement in the structural part of a building or other structure, including but not limited to the following or similar type change:
(1) 
Changes to interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created.
(2) 
Changes to interior partitions in all other types of buildings or structures.
(3) 
Creating new windows or doors in exterior walls.
(4) 
Strengthening the load-bearing capacity in no more than 10% of the total floor area.
ANTENNA
A system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
[Amended 2-21-2017 by Ord. No. 220]
ANTENNA, MICROWAVE
A parabolic ground based reflector together with its pedestal and any other attachments and parts thereof commonly referred to as a disk shaped antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite.
APARTMENT
See "dwelling, multifamily."
ARRAY AREA
The area of the entire solar panel field, measured from the outside edges of all solar panels.
[Added 10-24-2011 by Ord. No. 189]
AUTOMOTIVE SALES AND SERVICE
Any building or land area devoted to the display and/or sale of new or used automobiles, trucks, trailers, or recreational vehicles and the repair, servicing, restoration, reconstruction and maintenance of vehicles to the general public, including a car wash, but not including gasoline service stations.
[Added 4-25-2016 by Ord. No. 217]
BASEMENT
A level, enclosed area partly or completely below grade, provided no more than 1/3 of the perimeter walls are five feet or more above grade, and if the net area of the door and window openings is at least equal to 10% of the enclosed floor area.
BASE STATION
A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.
[Added 2-21-2017 by Ord. No. 220]
A. 
The term includes, but is not limited to, equipment associated with wireless communications services, such as private broadcast and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.
B. 
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
C. 
The term includes any structure other than a tower that, at the time of the relevant application is filed with the Township under this chapter, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
D. 
The term does not include any structure that, at the time the relevant application is filed with the Township under this chapter, does not support or house equipment described in Subsections A and B of this definition.
BED-AND-BREAKFAST INN
A building, usually a private residence, which provides accommodations primarily for transients, and which may, but not necessarily will, provide limited meal service for its guests. It will not, however, contain a restaurant type facility open to the general public.
BILLBOARD
A type of sign which involves advertising for a business other than conducted on the premises or for a product or service not offered on the premises on which the sign is located.
BLOCK
A type of structure which has enclosing walls and a roof and rests on any foundation.
BREW PUB
A combination brewery and restaurant that sells 50% of more of its brewed beer on-site. The beer is brewed primarily for sale in the restaurant, but beer may be sold for off-site consumption, and shall produce a minimum of 250 barrels per year.
[Added 6-20-2022 by Ord. No. 254]
BROADCASTING STATION
A building or area of land used to transmit television or radio programs to the general public.
[Added 4-25-2016 by Ord. No. 217]
BUFFER
A continuous strip of land adjacent to the lot lines which is clear of buildings and paved areas and is adequately landscaped in accordance with this chapter to establish visual separation between incompatible land uses.
[Added 4-25-2016 by Ord. No. 217]
BUILDING
Any structure which is designed, intended or arranged to provide shelter, refuge, cover, enclosure or protection to any person, animal, process, equipment, goods, materials or uses of any kind.
[Amended 11-12-2007 by Ord. No. 175]
BUILDING HEIGHT
The vertical distance measured from the average finished grade at all corners of the foundation (at least eight points if circular building), to a point midway between the highest and lowest points of the roof excluding chimney or superstructures above the roof.
BUILDING SETBACK LINE
An established line within a property defining the minimum required distance between any structure to be erected and the existing right-of-way of an adjacent street or roadway and/or lot line(s).
[Amended 11-7-2005 by Ord. No. 161]
BUILDING/STRUCTURE COVERAGE
The ratio of the total square footage of all structures situated on a tract, lot or parcel to the total square footage of the tract, lot or parcel containing such structures.
[Added 11-12-2007 by Ord. No. 175]
BULK
The size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines and therefore includes:
A. 
The size, including height and floor area of buildings and other structures.
B. 
The relationship of the number of dwelling units in a residential building to the area of the lot.
C. 
All open areas in yard space relating to buildings or other structures.
BUSINESS PARK
A campus-like business center and corporate headquarters site.
[Added 4-25-2016 by Ord. No. 217]
CAFE
A small and informal dining establishment with a maximum size of 2,500 square feet of gross leasable area, serving limited food and beverages.
[Added 6-20-2022 by Ord. No. 254]
CAMPGROUND
An area of land upon which two or more campsites are located for temporary transient occupancy, regardless of whether a fee has been charged for the occupancy of such space.
[Added 4-25-2016 by Ord. No. 217]
CEMETERY
Land used or intended to be used for the burial of deceased humans and/or domesticated pets, either in the ground or aboveground, including columbariums and mausoleums if those structures are part of an accessory to a cemetery.
[Added 4-25-2016 by Ord. No. 217]
CERTIFICATION OF OCCUPANCY
A statement signed, issued and enforced by the Zoning 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 this chapter and other applicable codes, and that the same may be used for the intended uses.
CHURCH
A building utilized for public divine worship. The term "church" shall also include temple, synagogue, mosque and similar places of worship.
[Added 4-25-2016 by Ord. No. 217]
CIVIC SPACE
Includes spaces used for community activities, including open-air environments where public activities occur, and generates economic, environmental and social benefits to the community, such as spaces in the form of a common green space, a pedestrian gathering area, a green, a courtyard or a parklet.
[Added 6-20-2022 by Ord. No. 254]
CLUSTER
A development designed to arrange buildings and lots into groups to concentrate support services, and create common open space, but permitting a reduction to minimum lot area and yard area requirements.
CO-LOCATION or CO-LOCATED
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
[Added 2-21-2017 by Ord. No. 220]
COMMERCIAL
Any activity carried out for monetary gain, including retail sales, services, offices, etc.
COMMERCIAL COMPOSTING
Any composting operation where compost, for mushroom production or any other use, is produced or made for the purposes of sale or distribution.[3]
COMMERCIAL RECREATIONAL USE
A use or activity operated as a business for profit that is open to the public for the purpose of recreation and entertainment, including, but not limited to, bowling alleys, billiards, health and fitness clubs, swimming pools, miniature golf courses, amusement arcades, radio-controlled race tracks, indoor shooting ranges and similar commercial recreational uses.
[Added 4-25-2016 by Ord. No. 217]
COMMERCIAL SCHOOL
An educational facility carried on as a business and not operated by a public agency. The range of curriculums can include, but is not limited to, academic instruction, business, technical programs, art, music, dance, language and similar commercial school uses.
[Added 4-25-2016 by Ord. No. 217]
COMMUNICATIONS TOWER
A monopole or lattice-construction steel structure designed and intended solely for the support of and attachment to it of one or more commercial communications antennas and appurtenant communications equipment used to collect and/or transmit wireless communications or radio signals.
[Added 4-25-2016 by Ord. No. 217]
COMMUNITY FACILITY
Facilities which serve to support the needs of residents of a planned residential development, such as community centers, outdoor recreational area and maintenance buildings.
[Added 4-25-2016 by Ord. No. 217]
COMMUNITY SEWER SYSTEM
A system which carries sewage from individual discharges by a system of pipes to a common, privately owned treatment or disposal facility serving the community or development.
COMMUNITY WATER SYSTEM
A system which provides water from a common, privately owned water source through a pipe system to individual users in the community or development.
COMPOSTING
The process of organic decomposition of materials with supplemented nutrients to produce a food selectively favorable for growing special crops.
CONDITIONAL USE
A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district when specific conditions and factors prescribed for such cases are present.
CONDOMINIUM
A type of ownership and not a type of use, wherein each unit is owned in fee by its occupant, while the land and such appurtenances as driveways, parking areas, sidewalks, landscaping, recreational facilities, and on-site utilities remain under the ownership, with full responsibility for maintenance, of the developer or any corporation holding title to such land and appurtenances.
CONFERENCE FACILITY
A structure or grouping of structures on a single lot which are primarily utilized for the meetings of persons for the purpose of deliberation, exchange of opinion, education or other such business-related purposes.
[Added 11-7-2005 by Ord. No. 161]
CONSERVANCY LOT
A large, privately owned and maintained lot containing an existing dwelling, farm complex or historic structure, comprising part of the required common open space in a cluster subdivision.
[Added 2-25-2013 by Ord. No. 195]
CONSERVATION USE
An environmentally sensitive area specifically designed to protect natural resource areas, scenic views and other environmentally constrained areas such as steep slopes, wetlands, floodplains, high water tables, forest areas, endangered species habitat or are deserving of protection from any activity that would significantly alter their ecological integrity, balance or character.
[Added 4-25-2016 by Ord. No. 217]
CONSTRAINED LANDS
Selected resources listed below, multiplied by a protection factor and totaled.
[Added 2-25-2013 by Ord. No. 195]
Resource
Area of Resource
(acres)
Protection Factor
Constrained Land
(acres)
Existing road and utility rights-of-way
x 1.0
=
That portion of lands under conservation easement or other permanent restriction that are restricted from further development
x 1.0
=
100-year floodplain, including the floodway
x 1.0
=
Wetlands
x 0.95
=
Steep slopes (over 25%)
x 0.85
=
Precautionary slopes (15% to 25%)
x 0.35
=
CONTIGUOUS ACRES
Adjacent and having a common edge or boundary. Not interrupted by other acreage or by public streets.
CONVALESANT HOME
See "nursing home."
[Added 4-25-2016 by Ord. No. 217]
CORPORATE OR ADMINISTRATIVE HEADQUARTERS
A structure or group of structures located on a single tract which operates as the administrative and/or executive center of a corporation or other business enterprise.
[Added 11-7-2005 by Ord. No. 161]
CORPORATE CENTER
The use of any building or land or combination of buildings and land to accommodate and support the physical space requirements of multiple tenants or occupants and their related functions, whether or not such entities or functions are directly or indirectly related or of the same or similar character, but generally of such a nature as to project the image of a campus environment encompassing offices, professional offices, research facilities, and similar uses, but excluding uses such as manufacturing, processing, assembling, warehousing and other similar uses.
[Added 11-7-2005 by Ord. No. 161]
COUNTRY CLUB
Land and buildings containing private or semiprivate recreational facilities, social quarters, restaurants, meeting rooms, banquet facilities and similar uses owned and operated by nonprofit organizations for the exclusive use of the members or guests.
[Added 4-25-2016 by Ord. No. 217]
COURIER PACKAGE HANDLING AND DELIVERY DISTRIBUTION FACILITY
The structure within which boxes, packages, envelopes and other small size and weight containers used to protect and facilitate handling of various types of material are received, processed and prepared for local delivery by a courier service such as Federal Express, United Parcel Service (UPS) or DHL. Such items can typically be handled by a single person without the aid of special equipment. This definition excludes facilities used to process large, heavy or bulky material and packages normally associated with a trucking terminal or warehouse facility.
[Added 11-12-2007 by Ord. No. 175]
COURTYARD
An unroofed or roofed outdoor public space at grade level, that is open on one or more sides and typically formed by a building wall and/or a landscape structure such as a wall, hedge, ornamental landscaping or trellis.
[Added 6-20-2022 by Ord. No. 254]
CULTURAL FACILITY
A building that promotes culture and fine arts, including art galleries, art studios, or other buildings used for programs or activities involving the arts that encourage refinement or the development of the mind.
[Added 8-18-2014 by Ord. No. 213]
DAY-CARE FACILITY
A facility which is licensed to provide care for at least seven, but no more than 50, individuals at any one time, where the care areas are not being used as a family residence.
DENSITY, GROSS
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.
DENSITY, NET
The maximum number of dwelling units permitted, calculated by dividing the total number of proposed dwelling units by the net tract area.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
DEVELOPMENT
Any man-made change to improved or unimproved property, including but not limited to buildings and other structures, the placement of manufactured homes/mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations. The subdivision of land shall be considered development.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 2-21-2017 by Ord. No. 220]
DISTRIBUTION FACILITY
A use involving goods, materials or commodities that are received, temporarily stored and/or configured for ultimate delivery to the end user or merchant. "Distribution facility" shall include temporary warehousing, but shall not include permanent or long-term storage.
[Added 10-24-2011 by Ord. No. 188]
DUMP
A tract of ground, or portion thereof, used for deposit and storage of refuse, including but not limited to garbage, ashes and rubbish. The definition of dump does not include a sanitary landfill as defined by this chapter and when operated in accordance with standards and regulations established by the Pennsylvania Department of Environmental Protection or the Chester County Health Department.
DWELLING
Any building or part thereof designed for or occupied exclusively as a residence for only one family maintaining a single housekeeping unit.
DWELLING, MULTIFAMILY
A building designed and occupied as a residence, containing three or more dwelling units. "Multifamily" shall refer to any housing configuration, including, but not limited to apartments, townhouses, and quadraplexes.
DWELLING, SINGLE-FAMILY ATTACHED
A building designed for and occupied as three or more residential units side by side with vertical common or party walls between units. A single-family attached dwelling shall be considered a multifamily dwelling.
DWELLING, SINGLE-FAMILY DETACHED
A building designed for and occupied as a residence, containing one dwelling unit and having no common or party wall within an adjacent dwelling. Yard area surrounds all sides.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A building designed and occupied as a residence containing two dwellings units located either side-by-side with a vertical common or party wall between them, or stacked one on top of the other with a horizontal common or party wall between them.[4]
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
DWELLING UNIT
A room or rooms within a building connected together, constituting a separate independent housekeeping establishment for a single family, for owner occupancy or for rental, lease or other occupancy on a monthly or longer basis. Units shall be physically separated from other units and shall contain independent cooking, sleeping and lavatory facilities.
EDUCATIONAL INSTITUTE
A use requiring certification, licensing or review by the Pennsylvania Department of Education.
[Added 4-25-2016 by Ord. No. 217]
EDUCATIONAL USE
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, but excluding recreational activities unless accessory to an educational use.
ELECTRICAL TRANSMISSION STRUCTURE
Transmission poles and towers in rights-of-way, easements and electric company property.
[Added 2-21-2017 by Ord. No. 220]
ELIGIBLE FACILITIES REQUEST
Any request for the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
A. 
Co-location of new transmission equipment;
B. 
Removal of transmission equipment; or
C. 
Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station, provided that it is existing at the time the relevant application is filed.
[Added 2-21-2017 by Ord. No. 220]
EMERGENCY
A condition that:
[Added 2-21-2017 by Ord. No. 220]
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
ENLARGEMENT
An addition to the floor area of an existing building, an increase of size of another structure, or an increase in that portion of lot occupied by an existing use.
ENVIRONMENTALLY SENSITIVE AREAS
Areas highly susceptible and vulnerable to significant adverse impacts upon their physical, chemical and biological characteristics from land development, land disturbance or other human influence. Such areas shall include, but not be limited to, floodplains, floodways, flood fringes, prime woodlands, steep slopes in excess of 20%, surface waters, wetlands, and potential sinkhole activities and/or areas.
[Added 8-13-2001 by Ord. No. 142; amended 11-7-2005 by Ord. No. 161]
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
[Added 2-21-2017 by Ord. No. 220]
EQUIVALENT DWELLING UNIT (EDU)
That unit or amount of sewerage produced, as determined by the Chester County Health Department, as being equal to the amount produced by a typical or average dwelling unit.
EXCEPTIONAL NATURAL AREA
Any area identified as an exceptional natural area by a governmental agency.
[Added 2-25-2013 by Ord. No. 195]
FALL ZONE
The area within which the blades of a wind turbine may fall if the blades become detached in whole, or in part, from the wind turbine.
[Added 10-24-2011 by Ord. No. 189]
FAMILY
Occupants of a dwelling unit under one of the following categories:
A. 
A single person.
B. 
Two or more persons related by blood or marriage, including no more than one boarders, roomers or lodgers.
C. 
No more than four unrelated persons living together as a single household unit sharing one common cooking facility.
D. 
Foster homes as an extension of a family which presently resides in a dwelling.
FAMILY DAY-CARE HOMES
Any premises or dwelling unit where the care areas are being used as a family residence, operated for profit or not for profit, in which day care is provided at any one time on a regular basis to four, five, or six individuals, who are not relatives of the care giver. Day-care service for individuals in this type of facility is different from "babysitting."
FCC
Federal Communications Commission.
[Added 2-21-2017 by Ord. No. 220]
FINANCIAL INSTITUTION
An establishment, with or without drive-through service and with or without automated teller machines, chartered under federal or state law, where the principal business is the receipt, disbursement, investment and exchange of money. "Financial institutions" shall include banks, savings and loan associations, credit unions, trust companies, building and loan associations, and similar businesses.
[Added 10-24-2011 by Ord. No. 188]
FLEA MARKET
An indoor or outdoor operation having more than one vendor offering a variety of products for sale, with off-street parking; with or without permanent structures and stands.
FLOOD
A temporary inundation of normally dry land.
FLOOD, ONE-HUNDRED-YEAR
A flood of a magnitude that is likely to occur an average of once every 100 years. While the probability of its occurrence is a one-percent chance each year, the flood may occur in any year.
FLOODPLAIN
A relatively low, flat land area adjoining a watercourse which is subject to partial or complete inundation. Areas subject to unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY AND FLOODWAY FRINGES
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude, in accordance with applicable Federal Emergency Management Agency (FEMA) criteria.
[Amended 8-13-2001 by Ord. No. 142]
FLOOR AREA
The sum of the area of all floors of a building measured from the outside exterior walls; or the center line of a common or party wall separating attached dwellings. In particular, floor area calculations include but are not limited to the following:
A. 
Basement space if it meets the requirements of a building story.
B. 
Stairwells, attic space whether or not a floor has been laid, and elevator shafts, providing structural headroom of eight feet or more.
C. 
Roofed terraces, breezeways and porches, provided that over 50% of the perimeter of these is enclosed.
D. 
Any other floor space designed for the intended principal use, no matter where it is located within the building.
E. 
The area of accessory buildings.
FLOOR AREA RATIO
The gross leasable floor area divided by the net area of that lot.
[Added 8-13-2001 by Ord. No. 142]
FOOTCANDLE
Unit of light quantity equal to the number of lumens striking an area equal to one square foot.
FOOTCANDLES, MAINTAINED
Under the worst maintenance conditions, including reduced light intensity, the number of lumens striking an area equal to one foot.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvacultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
[Added 2-25-2013 by Ord. No. 195]
GARAGE, PRIVATE
An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and the storage of not more than two motor vehicles owned and operated by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC
A building other than a private garage, one or more stories in height, used solely for commercial storage, service or repair of motor vehicles.
GASOLINE SERVICE STATION
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.
GOLF COURSE
Either a publicly or privately owned and operated course which will have a minimum of nine holes of golf constructed in accordance with PGA and USGA standards. Neither a commercial driving range nor a commercial miniature golf area shall be considered a golf course for purposes of this chapter.
[Added 4-25-2016 by Ord. No. 217]
GREEN, COMMON
An area of common open space, surrounded by streets on at least two and often three or four sides, around which dwellings are arranged.
[Added 2-25-2013 by Ord. No. 195]
GROSS FLOOR AREA
The sum of the gross horizontal areas of all floors of a building or buildings measured from the exterior face of exterior walls or from the center line of a common wall separating two buildings but excluding interior parking spaces or interior loading spaces for motor vehicles.
[Added 8-18-2014 by Ord. No. 213]
GROSS LEASABLE AREA (GLA)
The total floor area designated for tenant occupancy and exclusive use, including basements and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
GROUP DAY-CARE HOMES
A facility in which care is provided on a daily basis for more than six but no more than 12 individuals, at any one time, where the care areas are being used as a family residence.
GROUP HOMES
A facility which provides residential services to persons who, due to age, disability or handicap, are not able to live without personal care or supervision. Such a facility provides twenty-four-hour supervision and is licensed by the state and/or county.
GUEST HOUSE
A single-family dwelling containing guest rooms available for short-term overnight rental.
HARDWARE STORE
A building or portion of a building providing display and retail sales of wares, such as but not limited to fittings, cutlery, tools, utensils, nuts, bolts, metal parts, cleaning supplies, etc.
[Added 4-25-2016 by Ord. No. 217]
HAZARDOUS WASTE
As defined in Section 103 of Pennsylvania Act 96 (1980), the Solid Waste Management Act.[5]
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this Zoning Ordinance, Chapter 200, hedgerows are considered woodlands and regulated as such.
[Added 2-25-2013 by Ord. No. 195]
HEIGHT
For the purposes of determining the height limits in all zones set forth in this chapter, the datum shall be mean sea level elevation unless otherwise specified.
HEIGHT OF A WCF
[Added 2-21-2017 by Ord. No. 220]
A. 
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances; or
B. 
The minimum height necessary for a freestanding WCF to function satisfactorily.
HOME OCCUPATION
An accessory use constituting entirely or partly the livelihood of person(s) living in a single-family dwelling unit.
HOME OCCUPATION, MAJOR
An accessory use incidental to a residential use that:
A. 
Employs not more than two persons that do not reside in the principal dwelling; and
B. 
Has outdoor storage that is screened from view by any means on all sides; and
C. 
Meets other conditions for home occupations.
HOME OCCUPATION, MINOR
An accessory use to a residential use that:
A. 
Is customarily carried on in a dwelling unit except that one person not residing in such dwelling may be employed in the activity; and
B. 
Occupies not more than 25% of the floor area, or 500 square feet whichever is less; and
C. 
Occupations are limited to professions, dressmaking, real estate, antique dealing, handicrafts and other similar activities; and
D. 
All activities are within the principal structure or accessory structure.
HOSPITAL
An institution having an organized medical staff which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for the care of injured, disabled, pregnant, diseased, or sick or mentally ill persons, or rehabilitation services for the rehabilitation of injured, disabled, pregnant, diseased or sick or mentally ill persons. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill.
[Amended 11-7-2005 by Ord. No. 161]
HOTEL
A building used for the purpose of furnishing temporary lodging to the public for compensation, with or without meals, and having lodging accommodations for 10 or more persons.
IMPERVIOUS COVERAGE
The same as the definition of “lot coverage/tract coverage” contained in this § 200-9.
[Added 11-12-2007 by Ord. No. 175]
IMPERVIOUS SURFACE
Any material or combination of materials which prevents or significantly impedes the penetration of water, in the immediate area, from the ground surface or from the surface of the material to the underlying soil. Crushed stone, gravel, paved areas, porous paving and similar materials and materials which have a tendency to compact over time or through use shall be considered impervious surfaces.
[Added 11-12-2007 by Ord. No. 175]
INCINERATOR
A facility designed to reduce municipal solid waste by combustion. Incinerators consist of refuse handling and storage facilities, furnaces, subsidence chambers, residue handling and removal facilities. Chimneys and other air pollution control equipment and may or may not include heat exchange equipment for energy recovery.
INDOOR STORAGE
A building or buildings totally enclosed providing interior space for the storage of goods.
[Added 4-25-2016 by Ord. No. 217]
INDUSTRIAL
Those activities involving manufacturing or processing of products and materials to produce a new product.
INDUSTRIAL PARK
A unified plan for development of a single property into three or more sites held in single or separate ownership for industrial or manufacturing establishments.
INTENSIVE FEED LOT
An agricultural operation intended primarily as a final feeding operation to be used immediately before sending livestock to market.
INTERMEDIATE CARE FACILITY
An institution which provides on a regular basis health-related care and services to resident individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health-related care and services above the level of room and board. Intermediate care facilities exclusively for the individuals with intellectual disabilities shall not be considered intermediate care facilities and shall be licensed by the Commonwealth of Pennsylvania.
[Added 11-7-2005 by Ord. No. 161; amended 6-20-2022 by Ord. No. 254]
JUNKYARD
An area of land with or without buildings used for outside storage of used or discarded materials including, but not limited to, wastepaper, rags, metal building materials, housing furnishings, machinery, and vehicles or parts thereof. Toxic wastes, radioactive materials, poisons, and other substances which are potentially harmful to man are excluded from this definition. The deposit or storage on a lot of two or more unlicensed, wrecked, disabled, or uninspectable vehicles, or the major part thereof, shall also be considered a junkyard.
KENNEL
An establishment available to the general public in or through which a dog or dogs or other domesticated animals are raised, housed, boarded, transferred, for sale, bred, groomed or trained for compensation.
[Amended 8-18-2014 by Ord. No. 213]
LIFE CARE CENTER
A planned residential community for the elderly consisting of dwellings, community and health centers, recreation areas and open space.
LIGHT INDUSTRIAL PARK
A tract of land designed and developed from a single, unified plan involving a grouping of two or more light industrial use establishments on a tract held in single and separate ownership and sharing common utilities and street.
[Added 11-7-2005 by Ord. No. 161]
LIGHT INDUSTRIAL USE
Activities including manufacturing or production which are free from emitting smoke, noise, vibration, odors, glare, hazards of fire, discharge of waste, and other objectionable outdoor nuisances and no outdoor storage of materials, equipment, or products.
LIGHT INDUSTRY
Manufacturing establishments of limited employment, small structures, limited traffic and all processes carried on within buildings, have no outside storage.
LIVE-WORK UNIT
A vertical mixed-use unit consisting of both a commercial/ nonresidential and residential use that is occupied by the same resident. The unit shall be the primary dwelling of the occupant.
[Added 6-20-2022 by Ord. No. 254]
LIVING UNIT
A separate single-family residential unit. For the purposes of this chapter, two beds within a community care or nursing facility shall be considered equivalent to one living unit.
LOADING SPACE
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.
LOT
A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. Such an area shall be separately described by metes and bounds within a legal description which is recorded in the office of the Recorder of Deeds of Chester County with a deed and by an approved subdivision plan so recorded. Every lot shall have frontage on a public or private street.[6]
[Amended 8-13-2001 by Ord. No. 142; amended 6-20-2022 by Ord. No. 254]
LOT, CORNER
A lot bounded on at least two sides by streets whenever the lines of such streets extended form an interior angle of 135° or less. All yards abutting streets shall be considered front yards. The remaining yards shall be treated as side yards.
LOT COVERAGE/TRACT COVERAGE
The ratio of the total square footage of all impervious surfaces situate on the tract, lot or parcel to the net tract area/net lot area of the tract, lot or parcel containing such impervious surfaces.
[Amended 8-13-2001 by Ord. No. 142; 11-12-2007 by Ord. No. 175]
LOT, INTERIOR
Any lot which only has access to a street by either an easement or right-of-way, or any lot which has limited frontage on a street serving solely for access to interior lands.
LOT LINE
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 that line abutting a street shall be deemed to be the same as the street right-of-way line.
LOT LINE, FRONT
The line separating the lot from the existing street right-of-way line.
[Amended 11-7-2005 by Ord. No. 161]
LOT LINE, REAR
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.
LOT LINE, SIDE
Any lot line which is not a front lot line or rear lot line.
LOT WIDTH
The horizontal distance between side lot lines measured at right angles to the lot depth.
MAIN STREET ENVIRONMENT
The surroundings of a main thoroughfare characterized by a balance between the needs of pedestrians, shoppers, and residents with the needs of through-traffic in the UD District. The thoroughfare consists of primary retail and commercial uses, a pedestrian-friendly environment, and streetscape elements which may include sidewalks, crosswalks, street trees, street lights, on-street parking, and pedestrian amenities.
[Added 6-20-2022 by Ord. No. 254]
MANUFACTURED HOME/MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into a single integral unit capable of again being separated for repeated towing. A manufactured home/mobile home shall arrive at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and connection to utilities.
[Amended 4-3-2006 by Ord. No. 165]
MANUFACTURED HOME PARK/MOBILE HOME PARK
A parcel of land under single and separate ownership which has been planned and improved for the placement of manufactured homes/mobile homes for residential use, consisting of two or more manufactured home/mobile home lots.
[Amended 8-13-2001 by Ord. No. 142]
MANUFACTURING
The mechanical or chemical transformation of materials or substances into a new product, including assembly of parts, and blending of materials such as lubricants, plastics, etc.
MANUFACTURING AND FABRICATION FACILITY INDOORS
A building or group of buildings used for the fabrication, manufacturing and assembly of products performed inside a totally enclosed building.
[Added 4-25-2016 by Ord. No. 217]
MEDICAL CLINIC
A facility for the examination and treatment of primarily outpatient, ill and afflicted humans, and those obtaining elective medical procedures, including doctor and dental offices.[7]
[Amended 11-12-2007 by Ord. No. 175]
MEDICAL FACILITY
A building and lot or individual office within a building used for the practice of medical and dental arts or similar examination and treatment of persons as outpatients by physicians or licensed medical specialists practicing medicine individually or as a group during normal office hours. Facilities providing twenty-four-hour emergency service or overnight lodging of patients shall not be considered a medical facility but shall be defined as a "hospital."
[Added 4-25-2016 by Ord. No. 217]
MICROWAVE ANTENNAS
A parabolic ground-based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna" used or intended to receive radio or electromagnetic waves from an overhead satellite. Microwave dish antennas are structures.
[Added 4-25-2016 by Ord. No. 217]
MIXED-USE DEVELOPMENT
A combination of two or more uses in a building or on a lot.
[Added 6-20-2022 by Ord. No. 254]
MODIFICATION
The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of existing wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
[Added 2-21-2017 by Ord. No. 220]
MODULAR HOME
A dwelling, partially assembled away from the building site, intended for final assembly on a permanent foundation on its own lot or site.
MONOPOLE
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added 2-21-2017 by Ord. No. 220]
MOTEL
A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and parking space, and offered principally for rental of sleeping accommodations for automobile travelers.
MUNICIPAL AUTHORITY
A municipal authority incorporated under the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A § 5601 et seq., authorized by law to provide utility service in New Garden Township.
[Added 10-18-2021 by Ord. No. 250]
MUSEUM
An institution, facility, building or structure devoted to the procurement, care, preserving and exhibiting of valuable and interesting objects of lasting value or interest, including but not limited to cultural, artistic, historical or scientific importance and value.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170; 8-18-2014 by Ord. No. 213]
MUSHROOM HOUSE
A structure used for the growing of mushrooms in a climate-controlled condition.
MUSHROOM PRODUCTION
An intensive form of agriculture to raise and harvest mushrooms.
NET LOT AREA
The same as "net tract area."
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170]
NET TRACT AREA
The area of a tract remaining after the constrained lands have been subtracted from the gross tract area. In all zoning districts, when used for establishing the minimum lot area, maximum density, maximum impervious cover or minimum tract area in any computation of the percentage of lot area, the term "lot area" or "lot size" shall be deemed to mean "net lot area" or "net tract area."
[Added 11-7-2005 by Ord. No. 161; amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195]
NEW GARDEN TOWNSHIP MUNICIPAL USE
Any use undertaken by the Board of Supervisors of New Garden Township that will:
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170]
A. 
Serve or advance a public purpose from which the general populace of New Garden Township will derive a direct or indirect benefit, or both;
B. 
Provide for the general welfare of the citizens of New Garden Township;
C. 
Improve governmental processes, functions or delivery of services;
D. 
Strengthen or increase economic development and a consequential increase in the tax base of New Garden Township; or
E. 
Preserve or protect agricultural land, natural and historic resources or open space.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
[Added 4-3-2006 by Ord. No. 165]
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply with the applicable use, area or bulk regulations in this chapter or amendment where such a structure lawfully existed prior to the enactment of this chapter or subsequent amendment. Nonconforming structures shall include, but not be limited to, nonconforming buildings and signs.
NONCONFORMING USE
A use, of land or a structure, which does not comply with the applicable use provisions of this chapter or amendment, where such use was lawfully in existence prior to the enactment of this chapter or subsequent amendment.[8]
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including but not limited to antennas and related equipment. Non-tower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.
[Added 2-21-2017 by Ord. No. 220]
NURSING HOME
A congregate living arrangement facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation. The term "convalescent home" is included within this definition.
[Added 4-25-2016 by Ord. No. 217]
OFFICE BUILDING
An enclosed building where the principal use is conducting the affairs of a business, profession, service or government, including administration, recordkeeping, clerical work and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products.
[Added 11-7-2005 by Ord. No. 161]
ON-SITE SEWER SERVICE
The disposal of sewage by use of a system solely contained within the confines of a lot on which the use it serves is located as approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
ON-SITE WATER SERVICE
A safe, adequate and healthful potable water supply to a single user from a private well or set of wells, as approved by the Chester County Department of Health, and which are located within the confines of the lot on which the use it serves is located.
OPEN SPACE
Any reference to the term "open space" shall mean and refer to "common open space."
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170]
OPEN SPACE, COMMON
Except as otherwise specifically provided by the terms of this chapter, an area of land to be permanently restricted and maintained for the perpetual use and enjoyment of residents within a development or neighborhood. Common open space as part of a residential cluster design option shall comply with Zoning Ordinance Article XV and Subdivision and Land Development Ordinance § 170-49.1, Common open space.
[Amended 8-13-2001 by Ord. No. 142; 11-7-2005 by Ord. No. 161; 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195]
PARKING LOT
An offset surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space.
PARKING 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 purposes of calculating space requirements, driveways or single-family lots can be considered.
PARTY WALL
A vertical or horizontal wall that separates two buildings.
PAVED AREA
The total surface area of a lot which is covered by materials that do not absorb rainfall and runoff, such as parking areas, driveways, walks and similar surfaces.
PEDESTRIAN GATHERING AREA
An outdoor public space that serves as a common green space for patrons and residents typically in the form of a green or parklet, within which pedestrians can sit, relax, dine, walk and/or engage in other leisure-time activities.
[Added 6-20-2022 by Ord. No. 254]
PERSON
An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.
PERSONAL SERVICE SHOP
A use in which limited services, consistent with neighborhood needs, are offered to the general public, including, but not limited to barber and beauty shops, dry cleaning, tailoring, shoe repair, laundromats, car-wash facilities, funeral homes, personal item repair shops and travel agencies.
[Added 8-18-2014 by Ord. No. 213]
PLANNED COMMERCIAL DEVELOPMENT
Land under unified control to be planned and developed as a whole for commercial purposes, in a single development operation or a definitely programmed series of development phases.
PLANNED OFFICE PARK
A tract of land designed and developed from a single, unified plan involving the layout of lots, buildings, and improvements, together with the landscaping and open space plan, in order to achieve a campus theme and efficient use of shared utilities and roads, and which excludes residential and industrial uses.
[Added 11-7-2005 by Ord. No. 161]
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units and types, for which the development plan does not correspond to use, area and bulk regulations established in any one residential district created by this chapter.
PNDI
Pennsylvania Natural Diversity Inventory.
[Added 2-25-2013 by Ord. No. 195]
POP-UP USE
A temporary use that may involve activities such as a farmer's market, outdoor dining, an art show, a philanthropic use, an educational use, an outdoor recreational use, or a seasonal use.
[Added 6-20-2022 by Ord. No. 254]
PRIMARY SURFACE
A surface longitudinally centered on a runway and extending 200 feet beyond each end of that runway. The width of the primary surface shall be 500 feet. The elevation of any point on the primary surface shall be the same as the elevation of the nearest point on the runway center line.
PRIVATE PARK
All such areas, including parks, playgrounds, trails, paths and other recreational areas, established, conducted and primarily supported by a nongovernmental agency.
[Added 4-25-2016 by Ord. No. 217]
PRIVATE RECREATIONAL USE
Any land or structure designed for or intended for indoor or outdoor recreation, regardless of whether a fee is charged, which is owned by a private for-profit enterprise and open to the public.
[Added 4-25-2016 by Ord. No. 217]
PRIVATE SCHOOL
A school that is established, conducted, and primarily supported by a nongovernmental agency.
[Added 4-25-2016 by Ord. No. 217]
PROFESSIONAL OFFICE
A business facility housing the practice of those professionals which provide a service requiring academic training, including but not limited to physicians, lawyers, engineers, architects and planners.
[Added 11-7-2005 by Ord. No. 161]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the 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 not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
[Added 4-3-2006 by Ord. No. 165]
PUBLIC PARK
All such areas, including parks, playgrounds, trails, paths and other recreational areas and other public areas owned or operated facilities, and publicly owned or operated scenic and historical sites.
[Added 4-25-2016 by Ord. No. 217]
PUBLIC RECREATIONAL USE
Land and/or facilities that are owned by a government agency or Township and are available for use by the general public for noncommercial leisure and recreation.
[Added 4-25-2016 by Ord. No. 217]
PUBLIC SCHOOL
A tax-supported school controlled by a local government agency.
[Added 4-25-2016 by Ord. No. 217]
PUBLIC SEWER SYSTEM
An off-site publicly operated system in which sewage is conveyed to a publicly operated plant for treatment and disposal through means approved by the Pennsylvania Department of Environmental Protection, within a franchise area, as administered by Township, a municipal authority, or a public utility.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2021 by Ord. No. 250]
PUBLIC UTILITY
A public utility as that term is defined in the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
[Added 10-18-2021 by Ord. No. 250]
PUBLIC UTILITY FACILITY
A facility owned and operated by a public utility as defined in this chapter.
[Added 10-18-2021 by Ord. No. 250]
PUBLIC WATER SYSTEM
A publicly operated system for supplying water from a common source to two or more users within a franchise area.
PYROLYSIS
The process of chemically decomposing an organic substance by heating it in an oxygen-deficient atmosphere.
RADIO TOWER
A structure erected for the sole purpose of holding antennas to be used as an accessory use specifically for communications via radio by an individual or company holding a valid active radio license issued by the Federal Communications Commission.
RARE SPECIES SITES
Sites which are included in the Pennsylvania Natural Diversity Inventory (PNDI), the Chester County Natural Areas Inventory, or any New Garden Township Botanical Survey as possessing floral or faunal species of concern or sites in which federally and/or state-recognized rare, threatened or endangered species of flora and/or fauna are present. The land area regulated as a rare species site shall be as mapped in the pertinent inventory or survey.
[Added 2-25-2013 by Ord. No. 195]
REDEVELOPMENT
The expansion, enlargement, or alternation of an existing building or group of buildings that involves 20% or more of the gross floor area of an existing building or group of buildings.
[Added 6-20-2022 by Ord. No. 254]
REHABILITATION FACILITY
An inpatient facility, excluding hospital, which is operated for the primary purpose of assisting in the physical rehabilitation of disabled persons through an integrated program of medical and other services which are provided under competent professional supervision.
[Added 11-7-2005 by Ord. No. 161]
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.
[Added 2-21-2017 by Ord. No. 220]
RELIGIOUS USE
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.
RENEWABLE ENERGY FACILITY OR RENEWABLE ENERGY FACILITIES
An energy-producing facility, consisting of one or more connected structures, which produce energy from natural sources of either sunlight or wind. For the purpose of this chapter, "renewable energy facility" shall consist of solar energy facilities and/or wind energy facilities.
[Added 10-24-2011 by Ord. No. 189]
REPLACEMENT
The replacement of an existing wireless telecommunications facility on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
[Added 2-21-2017 by Ord. No. 220]
RESEARCH AND DEVELOPMENT FACILITY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing and/or experimentation, but not including the sale of products or the manufacture of products for sale.
[Added 11-7-2005 by Ord. No. 161]
RESIDENTIAL CLUSTER DEVELOPMENT
A development of single-family detached dwellings on lots, some or all of which are smaller than is otherwise required, incorporating within the development areas of common open space.
[Added 4-25-2016 by Ord. No. 217]
RESIDENTIAL CONVERSION
The alteration of an existing single-family detached dwelling to accommodate two or more dwelling units. This implies a change in density and housing type of an existing dwelling, resulting in the creation of party walls and independent cooking, lavatory and sleeping facilities.
RESIDENTIAL STORAGE SHED
A self-contained structure used solely for the purpose of enclosing, protecting and/or securing objects used in the yard, lawn and home maintenance associated with the residential use on the same lot.
[Added 8-18-2014 by Ord. No. 212]
RESIDENTIAL THROUGH-THE-FENCE
Residential through-the-fence (RTTF) access to the airport pursuant to RTTF agreement allowing owners of existing residential property within the ADZ aircraft storage facilities near the airport to access the airport from off-airport property.
[Added 5-15-2017 by Ord. No. 222]
RESTAURANT WITH DRIVE-THROUGH
A building or portion thereof where food and/or beverages are sold in the form ready for consumption and where a significant portion of the consumption takes place or is designed to take place outside the confines of the building so that customers can be served while remaining in their vehicles, which service to customers is either through an exterior window in the establishment or directly to parked vehicles on the premises.
[Added 4-25-2016 by Ord. No. 217]
RESTAURANT WITHOUT DRIVE-THROUGH
A building or portion thereof where food and/or beverage is served to customers within the confines of the building not having a drive-through facility.
[Added 4-25-2016 by Ord. No. 217]
RETIREMENT FACILITY
A development of individual or multiple dwelling units which may include a community center and community care facility and is designed for adult individuals and/or couples who do not have dependent children. The residents thereof need not be actually retired from their occupation or employment.
RIGHT-OF-WAY or ROW
The surface of and space below any real property in the Township in which the Township or commonwealth has ownership, or interest as a trustee for the public, as such ownership and/or interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, crosswalks, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
[Amended 2-21-2017 by Ord. No. 220]
RIPARIAN BUFFER
An area of trees and/or other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environments. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. For the purposes of this Zoning Ordinance, Chapter 200, the riparian buffer shall be divided into two zones:
[Added 2-25-2013 by Ord. No. 195]
A. 
Zone One: Inner Riparian Buffer. This zone begins at each edge of an identified watercourse and occupies an area of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of the water at bankful flow. Where steep slopes (slopes greater than 25%) are located within 25 feet of a watercourse, Zone One shall extend the entire distance of the steep slope.
B. 
Zone Two: Outer Riparian Buffer. This zone begins at the outer edge of Zone One and occupies an area of land with a minimum width of 50 feet in addition to Zone One. In cases where Zone One extends beyond 25 feet due to the presence of steep slopes (slopes greater than 25%), the width of Zone Two shall be adjusted so that the total riparian buffer width equals a maximum of 75 feet.
ROAD
Deemed a street, as defined herein.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170]
ROOMING HOUSE
A private dwelling in which at least three but not more than six rooms are offered for lodging for compensation, whether or not table board is furnished to lodgers, and in which no transient guests are accommodated and no public restaurant is maintained.
RUNWAY
A defined and paved area on an airport prepared for landing and takeoff of aircraft along its length.
SANITARY LANDFILL
A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution, or environmental degradation. A sanitary landfill shall be operated in accordance with standards established by, and shall be subject to inspection by, the Pennsylvania Department of Environmental Protection or Chester County Health Department, and New Garden Township.
SCHOOL
A building designed and used for human educational purposes, including only the following: preschools, nursery schools, elementary and secondary schools, colleges, universities, junior colleges, and vocational and technical schools. A school may be either private or public.
[Added 4-25-2016 by Ord. No. 217]
SCREENING
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.
SELF-STORAGE FACILITY
A structure or group of structures, with controlled access thereto, divided into individual self-contained compartments which may be of various sizes, and which are used for storage of personal property, and not for human, animal or wildlife occupancy or habitation. The compartments are leased or rented on an individual basis for specific periods of time. An outdoor fenced in area for storage of large items such as boats and recreational vehicles may or may not be provided.
[Added 10-24-2011 by Ord. No. 188]
SHOPPING CENTER
A unified, multiple use of a single property for the retail sale of goods including provisions for off-street parking provided on the property.
SIGN
Any letter, word, model, device, symbol or representation intended as an announcement, direction or advertisement, and may be either freestanding, attached to another structure, or painted on the exterior wall of a building or other structure.
SIGN, ADVERTISING
A sign which offers services or goods produced or available somewhere other than on the lot where the sign is located, including billboards.
SIGN AREA
A. 
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.
B. 
For the purposes of determining the permissible area of a sign under the provisions of this chapter, the area shall be taken of that of the smallest imaginary rectangle whose sides would touch the outer boundaries of the sign. Supports which are structural in nature and which convey no message shall be excluded from the area of the sign. In the case of a wall sign, where components are fastened to or painted on a wall within a distinctive panel clearly different in color and/or texture from the surrounding wall, the size shall be based in the dimensions of the panel.
SIGN, BUSINESS
A sign which offers services or goods available on the lot where the sign is located.
SIGN, DIRECTIONAL
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.
SIGN HEIGHT
The height of a sign is the vertical distance measured from the ground level to the highest point on the sign itself and/or its supporting structure, whichever is higher.
SIGN, NONCONFORMING
A sign lawfully existing on the effective date of this chapter which does not completely conform to the sign regulations applicable in the district in which it is located.
SIGN, OFFICIAL
A sign erected by the state, county, or other legally constituted governmental body.
SIGN, TEMPORARY
A sign designed to be displayed for less than 60 days, including premises for sale, advertisements during construction, and political signs.
SINGLE AND SEPARATE OWNERSHIP
The possession of real estate by one or more persons which vested interest is separate and distinct from that of any adjoining property.
SITE
For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
[Added 2-21-2017 by Ord. No. 220]
SKILLED NURSING FACILITY
Any facility or part of a facility in which professionally supervised nursing care and related medical and other health services are provided for a period exceeding 24 hours for two or more individuals who are not in need of hospitalization and are not relatives of the nursing home administrator, but who because of age, illness, disease, injury convalescence or physical or mental infirmity need such care.
[Added 11-7-2005 by Ord. No. 161]
SLOPES, PRECAUTIONARY
Those areas of land where the grade is 15% or greater and less than 25%. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purposes of all New Garden Township ordinances, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope).
[Added 2-25-2013 by Ord. No. 195; amended 8-18-2014 by Ord. No. 213; 6-20-2022 by Ord. No. 254]
SLOPES, STEEP
Those areas of land where the grade is 25% or greater. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purposes of all New Garden Township ordinances, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope).
[Added 2-25-2013 by Ord. No. 195; amended 8-18-2014 by Ord. No. 213; 6-20-2022 by Ord. No. 254]
SOLAR ENERGY FACILITY OR SOLAR ENERGY FACILITIES
A facility, consisting of one or more solar panels and other ancillary associated buildings and/or structures, including substations, meteorological towers, electrical infrastructure, and transmission lines, which generates electricity through solar energy. Solar energy facilities provide electricity primarily for on-site use. The sale, from time to time, of excess electricity generated by the facility to an electrical utility company is permitted. Solar energy facilities may also be used for the purpose of heating water.
[Added 10-24-2011 by Ord. No. 189]
SOLID WASTE
Any waste, including, but not limited to municipal or residual wastes, but specifically excluding hazardous wastes; including solid, liquid, semisolid, or contained gaseous materials.
SOLID WASTE TRANSFER STATION
A location established for the gathering, sorting, packaging, and reloading of solid waste material prior to transport to a processing plant or landfill. Material brought to a transfer station shall not remain there more than 30 days.
SPECIAL EXCEPTION
Permission, approval or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Article XX in situations where provision is made by terms of this chapter.
SPECIAL TRADE CONTRACTOR
A person or company trained in a special trade such as but not limited to, carpentry, masonry, plumbing, electrical, HVAC, excavating or landscaping.
[Added 8-18-2014 by Ord. No. 213[9]]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more 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, flagpoles, farm silos, and light poles.
[Added 2-21-2017 by Ord. No. 220]
STORY
The portion of a building located between the surface of any floor and the surface of the ceiling or roof next above.
STREET
A way or thoroughfare, either public or private, used or intended to be used by vehicular or pedestrian traffic. The term "street" shall also include the term "road," "highway," "thoroughfare," "avenue," "place," "parkway," "drive," "boulevard," and any other similar term.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170]
STREET CENTER LINE
A line which is an equal distance from both street lines.
STREET LINE
The legal right-of-way line of a public street.
STREETSCAPE
The elements of a street space, including the street or road, adjoining buildings, and such features as street trees, street lights, and sidewalks, which create the form and character of the space for use by motorists and pedestrians both within the right-of-way and within a portion of the front yards.
[Added 6-20-2022 by Ord. No. 254]
STRUCTURE
Any man-made object, assembly or combination of materials, preformed or fabricated objects having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
[Amended 11-12-2007 by Ord. No. 175]
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The New Garden Township Subdivision and Land Development Ordinance of July 1999, as amended.[10]
[Added 8-13-2001 by Ord. No. 142]
SUBSTANTIALLY CHANGE
1) Any increase in the height of a wireless support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth in this chapter or the WBCA if necessary to avoid interference with existing antennas; or 2) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array. Changes in height should be measured from the original support structure in cases where deployment is or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Federal Spectrum Incentive Act.
[Added 2-21-2017 by Ord. No. 220]
SWIMMING POOL
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.
TAKE-OUT RESTAURANT WITH DRIVE-THROUGH
A place with no customer seating where customers are served ready-to-eat food and/or beverage at an exterior window or service area to customers who remain in their vehicles for consumption off site.
[Added 4-25-2016 by Ord. No. 217]
TEMPORARY USE
Any activity, structure, fixed or moveable, that is to be in place less than 10 consecutive days or less than 20 calendar days in any one calendar year.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (WCF)
Any structure that exceeds 10 feet that is used for the purpose of supporting one or more FCC-licensed or "authorized antennas and their associated facilities, including but not limited to structures constructed for private, broadcast and public safety services, as well as unlicensed services (i.e., Wi-Fi) and fix wireless services (i.e., point-to-point microwave transmissions), a building, water tower, electrical transmission tower, traffic signal pole, flagpole, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS and DAS hub facilities mounted to the ground are considered to be tower-based WCFs.
[Added 2-21-2017 by Ord. No. 220]
TRACT
An area, lot, parcel, site, or property (or a combination thereof) that is held by one owner or owners in common, that is the subject of a subdivision and/or land development plan application packet.
[Amended 6-20-2022 by Ord. No. 254]
TRACT AREA, GROSS
The area of land contained within the title lines of a tract. Any portion of a tract included in an existing street right-of-way shall not be included in calculating gross tract area.[11]
[Added 11-7-2005 by Ord. No. 161]
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Federal Communications Commission-licensed or -authorized wireless communications services, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
[Added 2-21-2017 by Ord. No. 220]
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree in which no construction activity or other disturbance shall occur. The TPZ shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to a location three feet beyond the dripline of the tree, whichever is greater. Where there is a group of trees, the TPZ shall be the aggregate of the protection zones for the individual trees. No land within the tree protection zone shall be altered, regraded, compacted or built upon, or used for storage, parking or movement of any vehicles.
[Added 8-12-2002 by Ord. No. 147]
TURBINE HEIGHT
The distance measured from the surface of the tower foundation or roof mounting to the highest point of the turbine rotor blade.
[Added 10-24-2011 by Ord. No. 189]
ULTIMATE RIGHT-OF-WAY
The future plan width of a street, road, alley, crosswalk or similar place as shown on the Official Map of the Township on file with the Township, or as required by the Township ordinance or Subdivision and Land Development Ordinance, whichever is greater.
[Added 11-7-2005 by Ord. No. 161]
UNIFIED DEVELOPMENT PROJECT
An area of integrated uses designed and constructed on a single tract in accordance with the specific intention, criteria and conditions of the Unified Development Zone as set forth in this chapter, which is developed and constructed by a single entity in accordance with an approved master development plan.
[Added 11-7-2005 by Ord. No. 161]
UNIFORMITY RATIO (AVERAGE TO MINIMUM)
Within a given area, minimum footcandle levels do not fall below a set percentage of the average footcandle level for the same area.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
UTILITY
Any agency that under public franchise or ownership or under certificate of convenience and necessity or by grant of authority by a governmental agency directly provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar service.
[Added 10-18-2021 by Ord. No. 250]
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article XX.
VERTICAL MIXED USE
A nonresidential use on the ground floor of a building, such as a shop, store, studio, office, cafe, personal service establishment, or other place of business, in combination with a dwelling unit or units located in upper levels above such places of business.
[Added 6-20-2022 by Ord. No. 254]
WAREHOUSE
A building used primarily for the storage of goods and materials.
WATERCOURSE
A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this Zoning Ordinance § 200-9, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.
[Added 2-25-2013 by Ord. No. 195]
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added 2-21-2017 by Ord. No. 220]
WETLANDS
Those areas 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, ponds, and similar areas. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers. In the event there is a conflict among these definitions, the most restrictive definition shall apply.
[Added 2-25-2013 by Ord. No. 195]
WETLANDS MARGIN
The transitional area extending from the outer limits of a wetlands for a distance of 75 feet or to the limits of hydric soils, whichever is greater.
[Added 2-25-2013 by Ord. No. 195]
WHOLESALE SALES
Selling and/or distributing goods, merchandise and material to other enterprises or businesses for resale; but not including direct sales to the public.
[Added 10-24-2011 by Ord. No. 188]
WIND ENERGY FACILITY OR WIND ENERGY FACILITIES
A facility which generates electricity through wind energy. Wind energy facilities shall consist of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, and transmission lines. Wind energy facilities provide electricity primarily for on-site use. The sale, from time to time, of excess electricity generated by the facility to an electrical utility company is permitted.
[Added 10-24-2011 by Ord. No. 189]
WIND TURBINE
A wind energy system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.
[Added 10-24-2011 by Ord. No. 189]
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PC, microwave, satellite, or radio signals.
[Added 2-21-2017 by Ord. No. 220]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing or accommodating wireless communications services.
[Added 2-21-2017 by Ord. No. 220]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
[Added 2-21-2017 by Ord. No. 220]
WOODLANDS
A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete or nearly complete aerial canopy. Any area, grove, or stand of mature or mostly mature trees (i.e., larger than six inches diameter at breast height) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than 18 inches diameter at breast height, shall be conserved as a woodland. For the purposes of this Zoning Ordinance, Chapter 200, 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.
[Added 2-25-2013 by Ord. No. 195]
WOODLAND DISTURBANCE
Any activity which alters the existing structure of a woodland or hedgerow. Such alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species. Woodland disturbance also includes any activity which constitutes a land disturbance (exposes soils or alters topography) within a woodland or hedgerow. Woodland disturbance does not include timber harvesting or the selective cutting or removal of invasive plant species when conducted in accordance with a timber harvest plan.
[Added 2-25-2013 by Ord. No. 195]
YARD, FRONT
A yard extending the full width of the front lot line and extending in depth from such lot line to the nearest point of any buildings on the lot.
YARD, REAR
A yard extending the full with of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any building on the lot.
YARD SALE
A sale of personal property offered at a private residence or place of business. Such sales may be held for two days on any weekend, two times a year.
YARD, SIDE
A yard extending the full depth of the lot along a side lot line and extending in width from such lot line to the nearest point of any building on the lot.
[1]
Editor's Note: See 46 U.S.C. § 3601 et seq.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
[3]
Editor's Note: The definition of ”community care facility,” which immediately followed this definition, was repealed 11-7-2005 by Ord. No. 161.
[4]
Editor's Note: The former definition of "dwelling, two-family detached (duplex)," which definition immediately followed this definition, was repealed 10-18-2006 by Ord. No. 168 and 3-12-2007 by Ord. No. 170.
[5]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[6]
Editor's Note: The former definition of "lot area/lot size," as amended, which definition immediately followed this definition, was repealed 10-18-2006 by Ord. No. 168 and 3-12-2007 by Ord. No. 170.
[7]
Editor's Note: The former definition of "moderate slopes," added 8-13-2001 by Ord. No. 142, which definition immediately followed, was repealed 8-18-2014 by Ord. No. 213.
[8]
Editor's Note: The definition of ”nursing home,” which immediately followed this definition, was repealed 11-7-2005 by Ord. No. 161.
[9]
Editor's Note: This ordinance also repealed the former definition of “steep slopes” as amended, which immediately followed.
[10]
Editor's Note: See Ch. 170, Subdivision and Land Development.
[11]
Editor's Note: The former definition of "tract area, net," added 8-13-2001 by Ord. No. 142, which definition immediately followed this definition, was repealed 10-18-2006 by Ord. No. 168 and 3-12-2007 by Ord. No. 170.