[Ord. No. 196-2018, 9/12/2018]
Unless otherwise expressly stated, the words and phrases listed
in this Part shall be construed throughout this Chapter to have the
meanings indicated herein. The present tense includes the future;
the singular number includes the plural, and the plural the singular;
the masculine gender includes the feminine and neuter; the word "used"
includes the words "designed, arranged, or intended to be used;" the
word "person" includes any individual, partnership, firm, association,
corporation, or organization; the word "occupied" includes the words
"designed or intended to be occupied;" the word "may" is permissive;
and the word "shall" or "must" is always mandatory. The word "Township"
means Honey Brook Township, Chester County, Pennsylvania; the term
"Board of Supervisors" or "Board" means the Board of Supervisors of
Honey Brook Township unless specifically indicated otherwise; the
term "Zoning Hearing Board" means the Zoning Hearing Board of Honey
Brook Township; and the term "Planning Commission" means the Planning
Commission of Honey Brook Township. The term "this Chapter" means
this Honey Brook Township Zoning Ordinance. When terms, phrases or
words are not defined, they shall have their ordinarily accepted meanings
or such as the context may imply.
[Ord. No. 196-2018, 9/12/2018]
As used in this Chapter, the following terms shall have the
meanings indicated:
The relinquishment of a use without intention to resume the
said use as established under Part 11, Nonconforming Uses and Structures.
"Next to" or "adjacent to" and includes the words "directly
across from streets, natural features and rights-of-way."
A drive, which may be paved, providing vehicular ingress,
egress, and/or circulation from a street to a parking lot or other
areas across a buffer, sidewalk, or other path.
A permanent, self-contained single dwelling unit, secondary
to the principal dwelling unit on a lot or parcel, for one family.
An accessory dwelling unit shall be complete with kitchen and bath
facilities, have direct access to the outdoors or to a hall from which
there is direct access to the outdoors, and be physically subordinate
to the principal single-family dwelling unit which exists on the property.
Accessory dwelling units do not include elder cottage housing opportunity
(ECHO) dwellings. Accessory dwelling units are divided into the following
two categories:
ACCESSORY DWELLING UNIT, FREESTANDINGAn accessory dwelling unit contained within a freestanding single-family dwelling other than the principal dwelling on the property.
ACCESSORY DWELLING UNIT, ATTACHEDAn accessory dwelling unit resulting from the conversion of or addition to an existing principal single-family detached dwelling into two units, or the conversion of all or part of an existing accessory structure into a dwelling unit.
A use, structure, or building on the same lot with, and of
a nature customarily incidental and subordinate to, the principal
use, structure, or building.
The Pennsylvania Municipalities Planning Code (MPC), Act
247 of 1968, as amended, 53 P.S. § 10101 et seq.
The development of a new use for a building originally designed
or used for another purpose.
An establishment primarily engaged in management and general
administrative functions such as executive, personnel, finance, and
sales activities.
Adult commercial uses shall include the following:
A store or shop where the principal use is devoted to the display
and selling of pornographic materials which are pictures, drawings,
photographs, films, digital media, or other depictions or printed
matter and paraphernalia which, if sold knowingly to an individual
under 18 years of age, or otherwise would violate the criminal laws
of the Commonwealth of Pennsylvania in effect at the time thereof.
Adult entertainment establishments such as cabarets, nightclubs,
movie theaters, bars or similar establishments providing live or media
entertainment, characterized by an emphasis on activities or matter
depicting, describing, relating to or displaying sexual or erotic
activities.
Any other business, establishment, or club which offers its
patrons services, entertainment, or retail goods or commercial services
characterized by an emphasis on activities or matter depicting, describing,
relating to, or displaying sexual or erotic activities.
Land used for agricultural purposes that contains soils of
the first, second, or third class, as defined by the Soil Survey of
Chester and Delaware Counties.
For purposes of this Chapter, agriculture shall include any
of the following uses:
CROP FARMINGThe raising, harvesting and selling of crops, including grains, vegetables and fruits, and all structures and activities customarily associated with the activity.
NURSERY (HORTICULTURE)The outdoor raising of plants, shrubs and trees for transplantation and for sale off the lot where the nursery is located.
GREENHOUSEA structure used for the indoor raising of plants, shrubs, flowers and trees for transplantation and for sale off the lot where the greenhouse is located.
ANIMAL HUSBANDRYThe raising and keeping of livestock, poultry, fur-bearing animals, bees, or similar activities, for any commercial purpose, and all structures associated with any of these activities. The keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this Chapter shall not be construed as animal husbandry.
Rendering, defined as the melting of fat from bone or other
animal parts, is a use specifically excluded from agriculture.
A minor way, which may or may not be legally dedicated, and
is used primarily for vehicular service access to the rear or side
of properties otherwise abutting on a street.
Any soil inventoried or described as alluvial or as a soil
with alluvial inclusions for Chester County by the U.S. NRCS Soil
Survey.
Include, but are not limited to, the following:
All incidental changes or replacements in the nonstructural
parts of a building or other structure.
Minor changes or replacements in the structural parts of a building
or other structure, such as the following examples:
Alteration of interior partitions to improve livability in nonconforming
residential buildings, provided that no additional dwelling units
are created thereby.
Alteration of interior partitions in all other types of buildings
or other structures.
Making windows or doors in exterior walls.
As applied to a building or structure, a change or rearrangement
in the load-bearing and non-load-bearing structural members, resulting
in the extension of any side or an increase in height.
The moving of a building or structure from one location or position
to another or the conversion of one use to another by virtue of interior
change.
The process by which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas which is then burned
on-site to produce heat, electricity and water, and has the ancillary
benefit of managing livestock manure.
1,000 pounds of live animal weight.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
The keeping of more than five dogs or more than 10 cats,
or a combination of dogs and cats equaling more than seven animals,
which are lost, strays, unwanted, unlicensed or unowned, whether or
not the shelter is for the purpose of eventual adoption of the animals
or whether the shelter is run as a for-profit or nonprofit operation,
but not intended for the breeding of animals.
Any 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 defined below.
See "dwelling unit."
A landowner or developer who has filed an application for
subdivision or land development or for any zoning or building permit
that will result in land disturbance, including his heirs, successors
and assigns or the equitable owner of property with the owner's permission.
Applicants must either be the legal or beneficial owner or owners
of land subject to the application, including the holder of an option
or contract to purchase (whether or not such option or contract is
subject to any condition), a lessee if he is authorized under the
lease to exercise the rights of the landowner, or other person having
a proprietary interest in land.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including, but not limited to an application for a building permit,
for the approval of a subdivision plat or plan, or for the approval
of a development plan.
The party granting a zoning approval, to include the Zoning
Hearing Board for uses permitted by special exception, the Board of
Supervisors for uses permitted by conditional use, or the Zoning Officer
for uses permitted by right.
The visible, functional, or ornamental objects accessory
to and part of buildings or structures.
Any area of a property proposed for timber harvesting subject
to earth disturbance activities including tree harvesting, the construction
of skid trails and roads, logging roads, log landing areas and other
similar logging or silvicultural practices.
See "street."
Housing consisting of private accommodations, including a
bedroom, kitchenette and locking bathroom for persons who require
assistance or supervision with activities of daily living, instrumental
activities of daily living, or both. Assisted living facilities offer
skilled nursing if needed. Such facilities are licensed under 55 Pa.
Code, Chapter 2800 by the Office of Long-Term Living.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of motor vehicle fuel or
accessories, and which may or may not include facilities for lubricating,
washing, or otherwise servicing motor vehicles, but which shall not
include painting or body and fender repairs, or the storage for sale
of new or used motor vehicles.
Buildings and land, the principal use of which is the service,
repair or rebuilding of automobiles, recreational vehicles, or light
trucks, including as a permissible accessory use the leasing or renting
of autos, recreational vehicles, utility trailers, and light trucks.
A determination made for any lot subject to the Steep Slope Conservation District standards of Part 8 of this Chapter, calculated as the maximum vertical change in elevation within a proposed building envelope divided by its respective horizontal distance. The resulting figure, multiplied by 100, yields the average ground slope of the lot.
[Amended by Ord. No. 197-2019, 7/10/2019]
Any building wherein the primary occupation or use is concerned
with such businesses as banking, savings and loan associations, credit
unions, loan companies, mortgage companies, or investment companies,
without drive-through service. (For banking or financial institutions
with drive-through service, see "drive-through service.")
Any structure or equipment at a fixed location that enables
FCC-licensed or authorized communications between user equipment and
a communications network. Includes structures other than towers that
support or house an antenna, transceiver, or other associated equipment
that constitutes part of a "base station" at the time the relevant
application is filed with the state or municipal authorities, even
if the structure was not built for the sole or primary purpose of
providing such support, but does not include structures that do not
at that time support or house base station components. The term includes
buildings, light poles, utility poles, water towers, etc., as well
as DAS systems and small cells.
Any area of the building having its floor subgrade (below
ground level) on all sides. A basement shall constitute a building
story if more than 33 1/3% of the perimeter walls have five feet or
more of the walls above-grade and if the net area of door and window
openings in the exterior walls is at least equal to 10% of the enclosed
floor area. See also the definition of "story."
A residential structure occupied by a resident innkeeper
for the temporary lodging of guests for compensation and for providing
those guests such lodging services as maid service and accessory eating
and drinking facilities limited to the serving of breakfast and/or
afternoon tea.
An earthen embankment that serves purposes such as retaining/detaining
the flow of surface water runoff, preventing soil erosion, or used
to aid in visual screening of incompatible land uses, most often by
supporting plant materials.
Activities, facilities, measures, planning or procedures
used to minimize accelerated erosion and sedimentation and manage
stormwater to protect, maintain, reclaim, and restore the quality
of waters and the existing and designated uses of waters within the
commonwealth before, during, and after earth disturbance activities.
See "off-premises advertising sign" within definition of
"sign."
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of the anaerobic digestion
processes.
The Biological Resources Map is a map included in the 2015
Honey Brook Township and Borough Multi-Municipal Comprehensive Plan
indicating the locations of all woodlands classified as Class I, Class
II or Class III Woodlands, and also indicating the locations of areas
identified as Forest Interior Habitat. Where specific application
of the definition of Forest Interior Habitat results in variation
from mapping as indicated on the Biological Resources Map, application
of said definition shall supersede. The Biological Resources Map is
incorporated by reference into this Chapter and is on-file with the
Township.
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Township line or any combination thereof.
The use of land, building or structure for the purpose of
boarding customary household pets owned by any number of persons other
than the owners or operators of the boarding kennel. Boarding of hunting
or breeding dogs customarily kept together for extended periods of
time shall be excluded from the definition of boarding kennel.
A building used for the housing of roomers, boarders, or
lodgers including dormitories or buildings of charitable, educational,
or philanthropic use.
A facility where more than 5,000 barrels (155,000 gallons)
of malt or brewed beverages are produced on-premises on an annual
basis and then sold or delivered for off-premises consumption. It
may include an accessory tasting room and retail sales for off-premises
consumption.
[Added by Ord. No. 197-2019, 7/10/2019]
A restaurant which has an on-site brewing operation for the
brewing of malt and brewed beverages, where at least 50% of such beverages
brewed on site are sold for consumption or take-out sale, and where
the restaurant operation, rather than brewing operation, is the principal
use of the property. The beverage is brewed primarily for sale in
the restaurant and any associated bar.
[Added by Ord. No. 197-2019, 7/10/2019]
An approval statement signed by the Township's appointed Building Code Official authorizing the erection, construction, reconstruction, structural alteration, restoration, demolition, moving, or razing of all or a part of any building, within the Township, pursuant to the requirements of the Pennsylvania Uniform Construction Code adopted by Chapter 5, Part 1]. See also "zoning permit" and "use and occupancy permit."
[Amended by Ord. No. 197-2019, 7/10/2019]
See "effective visual or natural screen."
Forestland, usually along a road or waterway, managed to
lessen visual or environmental impacts of timber harvesting.
Any structure having a roof and enclosed walls, which is
used for shelter, housing, or enclosure of persons, animals or property,
affixed to the land, including mobile or manufactured homes.
The ratio of the total ground floor area of all buildings
on a lot to the total gross lot area of the lot on which they are
located. Total ground floor area shall be measured from the outside
face of outside walls.
A building's vertical measurement from the mean level of
the ground surrounding the building to:
The highest point of the roof, in the case of a flat roof.
The mean height between eaves and ridge, in the case of a pitched
roof.
The highest point on any structure which rises wholly or partly
above the roof line, and whose area equals or exceeds 20% of the ground
floor area of the building which supports it. However, if a parapet
wall is used to screen rooftop structures, and if there is a flat
or relatively flat roof, the building height shall be measured from
the highest point of the flat roof, excluding the height of the parapet.
The building height shall not include chimneys, spires, towers, elevator
and other unoccupied utility penthouses, tanks, and similar projections.
An approval statement signed by the Zoning Officer authorizing
the construction, alteration, reconstruction, restoration, demolition
or razing of all or a part of any building, or land preparation in
conjunction with same, within the Township. See "zoning permit" and
"use and occupancy permit."
An established line within a property defining the minimum
required distance between any building to be erected and the adjacent
right-of-way line of the street on which it fronts, to provide the
minimum front yard dimension specified in this Chapter. In the case
of an existing interior lot not fronting on a street for its entire
width, the building setback line shall be a line parallel to the street
right-of-way measured from the front lot line nearest the street,
defining the minimum distance in which no building may be constructed.
A structure utilized to store farm implements, hay, feed,
grain or other agricultural or horticultural products or to house
poultry, livestock or other farm animals and milk house. The term
includes a carriage house owned and used by members of a recognized
religious sect for the purpose of housing horses and storing buggies.
The term shall not include habitable space or spaces in which agricultural
products are processed, treated or packaged and shall not be construed
to mean a place of occupancy by the general public.
A building in which is conducted, designed to be conducted
or intended to be conducted, the primary use of the lot on which it
is located.
Standards that control the height, density, intensity, building
and/or impervious coverage, and location of buildings and structures,
i.e., setbacks or yard requirements.
A principal use on a lot, and associated structures, on which
the operator provides mass transit service to the public, to include
ticket sales, transfers, short-term parking, and transit vehicle repair,
and including accessory uses such as a food stand.
See "office."
The diameter of an unplanted or replacement tree measured
at six inches above the ground or, if the diameter measured at six
inches above the ground is greater than four inches, then the diameter
shall be measured at 12 inches above the ground.
A parcel of land used by campers where only temporary shelters,
such as tents and camping trailers, are in use throughout various
seasons of the year.
A building, or portion thereof, where automobiles are commercially
cleaned or cleaned by the operator through self-service provisions
enabled through coins or tokens.
The portion of a street or right-of-way, paved or unpaved,
customarily used by vehicles in the regular course of travel over
the street.
A tree with cavities in which birds, mammals, or insects
such as bees may nest (also called den tree).
See "basement."
A burial place or graveyard, including a mausoleum, crematory,
or columbarium, in which human or animal remains are buried. A cemetery
may be operated, in accordance with the terms of this Chapter, as
a principal use or as a use accessory to agriculture, a church, or
a dwelling. The interment or scattering of remains of properly cremated
humans is not regulated by this Chapter.
See "street, center line."
A change in a building or use of land heretofore existing
to a new use which imposes other special provisions of law as outlined
in this and other applicable ordinances and regulations.
A nonprofit use of land or a building or group of buildings,
including customary accessory buildings, designed or intended for
public worship by 12 or more persons at a time. Places used for worship
by fewer than 12 persons at a time are not regulated by this Chapter.
For the purpose of this Chapter, "place of worship" includes churches,
chapels, cathedrals, synagogues, temples, mosques, and similar designations
as well as convent or monastery, and a maximum of one dwelling unit
to house full-time religious leaders and their relatives.
Public areas of access within a development, including the
following:
PARKPublic natural preserve available for unstructured recreation.
GREENPublic space designed for unstructured recreation and community gatherings which is spatially defined at least in part by landscaping and in part by buildings; it includes paths, lawns, and trees.
SQUAREPublic space designed for unstructured recreation and community gatherings which is spatially defined by buildings and includes paths, lawns, and trees.
PLAYGROUNDPublic space set aside for organized recreation and play; it contains recreational furniture and equipment approved by the Township and/or playing fields.
A sustainable forest regeneration method of timber harvesting
that removes all the trees in a multiacre area in a single cut to
mimic the creation of openings in the forest by natural disturbance.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street rights-of-way, cartways, or center lines.
Type of geothermal heating and/or cooling system that consists
of the following basic elements: underground loops of piping; approved,
nontoxic heat transfer fluid; a heat pump; and an air distribution
system. An opening is made in the Earth. A series of pipes are installed
into the opening and connected to a heat exchange system in the building.
The pipes form a closed loop and are filled with a heat transfer fluid.
The heat transfer fluid is potable or beneficial reuse water and may
have approved nontoxic antifreeze, such as propylene glycol, added.
The fluid is circulated through the piping from the opening into the
heat exchanger and back. The system functions in the same manner as
the open-loop system except there is no pumping of groundwater.
A type of geothermal heating and/or cooling system that utilizes
a pressurized heat exchanger consisting of pipe, a circulating pump,
and a water-source heat pump in which the heat transfer fluid is not
exposed to the atmosphere. The heat transfer fluid is potable or beneficial
reuse water and may have approved nontoxic antifreeze, such as propylene
glycol, added.
A building for use by an organization, comprised of members
and their guests, intended for meetings, recreation, and administrative
purposes not conducted for profit. The definition of club shall include,
but not be limited to, service and political organizations, labor
unions, and social and athletic clubs.
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF or utility or light pole.
See "street."
A use of land, or improvements thereon, for the purpose of
engaging in retail, wholesale or service activities for profit.
See "water resources, commercial use of."
See "open space, common."
The building or cabinet in which electronic receiving, relay
or transmitting equipment for a wireless communications facility is
housed and covering an area on the ground not greater than 200 square
feet.
A building used for recreational, social, educational, and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by the public or nonprofit group
or agency.
The official public document of current adoption consisting
of maps, charts, and textual matter, that constitutes a policy guide
to decisions about the physical, social, and economic development
of the Township; the Honey Brook Township and Borough Multi-Municipal
Comprehensive Plan, as adopted in 2015 and amended from time to time.
An agricultural enterprise where livestock and/or poultry
are kept and raised in confined situations, with either:
See "use, conditional."
A form of ownership, as defined in the Pennsylvania Uniform
Condominium Act of 1980, as amended, 68 Pa.C.S.A. § 3101
et seq., and not a type of use, which includes an undivided interest
in a portion of a parcel, together with a separate interest in space
within a structure.
A legal agreement between a property owner and an appropriate
conservation organization or governmental entity, through which the
property owner establishes certain use restrictions over all or portions
of the property for conservation purposes.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of a mobile home.
See "life plan community."
A commercial use involving offices and/or supply shops providing
services and supplies relating to building, including cement, lumber,
heating, masonry, roofing, painting, and similar uses.
A retail use structure and associated facilities providing
convenience items and services to the general public, including but
not limited to the sale of food, beverages, personal care items, automotive
lubricants, and similar items, and automatic teller machine banking
facility. Fuel dispensing stations proposed with a convenience store
shall be separately regulated. See "Fuel dispensing station."
An alteration of a building, structure, or land by change
of use, theretofore existing, to a new use which imposes other special
provisions of a law governing building construction, equipment, exits,
or zoning regulations.
The dividing of a single-family detached dwelling into two
dwelling units with no more than three bedrooms per unit, with the
resulting units each having independent kitchen, bath, and sleeping
facilities.
See "lot, corner."
A use, licensed by the commonwealth, characterized by a building
or structure containing a furnace for cremating human remains. Where
permitted under the terms of this Chapter, a crematorium may be a
principal use or an accessory use associated with the operation of
a funeral home.
See "agriculture."
A local street intersecting another street at one end and
terminated at the other end by a permanent vehicular turnaround.
The angle between a horizontal line through the lamp center
and the line of sight at which the lamp first becomes visible as viewed
from normal viewing angles.
Any ground-mounted structure that is designed and constructed
primarily for the purpose of data collection, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
structures used to wirelessly read utility meters and for other remote
monitoring purposes. For the purposes of this Chapter, the term includes
facilities that are not solely under the jurisdiction of the Pennsylvania
Public Utility Commission, except where permitted by law. The term
includes the structure and any supporting structures thereto.
A facility providing supervision of minors or special needs
adults by individuals other than family members for which a fee may
or may not be charged. A day-care facility shall not provide overnight
accommodations. A day-care facility shall not be a school as defined
by this Chapter, except as noted herein.
ADULT DAY CAREA use providing supervised care and assistance primarily to persons who are intellectually disabled, elderly, and/or physically challenged who need such daily assistance because of their limited physical abilities, dementia, or intellectual disability. This use shall not include persons who need oversight because of behavior that is criminal or violent.
CHILD DAY CAREA use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. Such use shall comply with all applicable federal and state laws. The care of children by their own relatives is permitted without regulation by this Chapter.
FAMILY DAY CAREA type of day-care use that provides care for six or fewer children at one time, in addition to children who are relatives of the caregiver, when permitted as a limited impact home occupation.
DAY CARE AS A PRINCIPAL USEA type of day-care use that provides care for seven or more persons at any one time, in addition to persons who are relatives of the primary operator; such use or facility shall constitute the principal use of the property.
DAY CARE AS AN ACCESSORY USEA type of day-care use where the provision of day-care service is incidental and secondary to the principal use of a lot (e.g., a church nursery or employee day-care facility).
Commercially operated, domestic animal mortality operation
licensed by the Pennsylvania Department of Agriculture which enables
the proper management and disposal of dead farm animals.
The razing or destruction, whether entirely or in significant
part, of a building, structure, site, or object. Demolition includes
the removal of any building, structure, or object from its site, or
the removal or destruction of the facade or surface.
See "cavity tree."
The lot area as defined by this Chapter divided by the total
number of dwellings to be housed thereon, expressed in dwelling units
(DU) per acre. Except as otherwise specifically provided herein, net
lot area shall be utilized for all density calculations.
Used to describe a freestanding structure which has yards
on all sides.
Any landowner, agent of such landowner, or tenant with permission
of such landowner, who makes or causes to be made the improvements
associated with a subdivision or land development. The developer may
also be the subdivider as defined in the Honey Brook Township Subdivision
and Land Development Ordinance.[1]
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 mobile homes; streets and other paving, utilities;
filling, grading, and excavation; mining, dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The diameter of an existing, mature tree trunk, measured
at 4.5 feet above ground level.
The harvest of all saleable trees above a certain diameter.
The cessation of the use of property evident from the continuous
lack of maintenance or occupancy.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the PA Department of Health to dispense medical
marijuana pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
A portion of the territory of Honey Brook Township within
which certain uniform regulations and requirements of the various
combinations thereof apply under the provisions of this Chapter.
The movement of water from an area by stream or sheet flow,
and removal of excess water from soil by downward flow.
The area defined by the outermost circumference of a tree
canopy where water drips from and onto the ground.
A restaurant, bank, drug store or other use that provides
service to customers who remain seated in automobiles where customers
are served either through an exterior window in the establishment,
or directly to parked automobiles on the premises.
A privately owned, constructed and maintained vehicular access
from a street or access drive to only one or two dwelling units or
commercial, institutional, agricultural, or industrial principal uses.
See "dwelling unit."
A single habitable living unit occupied by only one family,
as defined in this Part. Each dwelling unit shall have its own toilet,
bath or shower, sink, sleeping area, stove, oven, and refrigerator,
and separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. No dwelling unit
shall include: (i) a separate living area that is completely separated
by interior walls so as to prevent interior access from the remainder
of the living area, or (ii) a second kitchen, unless specifically
permitted by this Chapter.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit occupied by one family and which has yards on all sides, is not attached to any other principal building and which is located on one lot.
The term "single-family detached dwelling" shall be deemed to include a "sectional or modular home" which is designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent perimeter foundation and which complies with the Township Building Code [Chapter 5, Part 1].
A type of single-family detached dwelling intended for permanent
occupancy and contained in one unit or in two units designed to be
joined into one integral unit, which is transportable and capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations and is constructed so as to be used without
a conventional perimeter foundation. The terms "mobile home" and "manufactured
home" have the same meaning.
A group home, as defined by this Chapter, shall be deemed a
single-family detached dwelling.
TWO-FAMILY DWELLING (DUPLEX OR TWIN)A building designed for and occupied exclusively as a residence, containing two dwelling units. A two-family dwelling may be either a duplex with two principal dwellings on separate floors occupying a common yard or may be a twin with two dwellings separated by a vertical common or party wall, with each individual dwelling having yards on all but the party wall side.
MULTIFAMILYA residential building containing three or more dwelling units, including but not limited to four-family dwelling (fourplex/quadraplex), townhouse (single-family attached), and apartment buildings:
FOUR-FAMILY DWELLING (FOURPLEX/QUADRAPLEX)A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.
TOWNHOUSE DWELLINGA single-family attached dwelling unit with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction herewith and any portion of one or two unpierced vertical fire-resistant party walls common with an adjoining dwelling, and having yards on at least two sides. Townhouses may be attached back-to-back or side-by-side.
APARTMENT DWELLINGA building or group of buildings all of which are owned by the same individual or entity, on a lot with four or more dwelling units used specifically for residential purposes and originally constructed as such.
See "accessory dwelling unit."
Any construction or other human activity which disturbs the
surface of the land, including land clearing and grubbing, grading,
excavations, embankments, land development, agricultural plowing and
tilling, operation of animal heavy use areas, timber harvesting activities,
road maintenance activities, oil and gas activities, well drilling,
mineral extraction, and the moving, depositing, stockpiling, or storing
of soil, rock, or earth materials.
A permanent right-of-way granted for limited use of private
land, for a private, public or quasipublic purpose (e.g., utility,
drainage, public access, conservation). The owner of the property
shall have the right to make any other use of the land which is not
inconsistent with the rights of the grantee.
See "conservation easement."
A natural unit comprising living organisms and their interactions
with their environment, including the circulation, transformation,
and accumulation of energy and matter.
Use of land or building(s) for the establishment and maintenance
of a public or private college, commercial or nonprofit, secondary
or elementary school, or other educational institution for the primary
purpose of instruction and learning. A public or private nonprofit
school shall be defined as an educational use that is not conducted
as a gainful business. A commercial school shall be defined as an
education use conducted for-profit as a gainful business.
The date upon which this Chapter officially comes into effect,
except that with respect to the subject matter of any amendment, said
date shall mean the date upon which the particular amendment became
or becomes effective.
A wall, fence, plantings, earth works, or combinations thereof,
which are arranged or placed so as to divert attention from or obstruct
at least 50% of an otherwise clear view of a use or activity during
all seasons of the year, as outlined by this Chapter. See also "planting
screen."
A temporary dwelling unit placed on a property, and accessory
to an existing single-family residential dwelling, for temporary occupancy
by an elderly, handicapped, or disabled individual (or caregiver to
same) related to the occupants of the principal dwelling by blood,
marriage, or adoption.
Buildings or structures and equipment erected and used for
the purposes of transmission, switching or transforming of electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities or housing
of repair crews.
A building for the housing of emergency medical, fire or
police equipment and for related activities. A membership club may
be included. This may include housing for emergency personnel while
on call.
The highest number of persons (including both part-time and
full-time, both compensated and volunteer, and both employees, independent
contractors and persons who are partners) present on a lot at any
one time, other than clearly temporary and occasional persons working
on physical improvements to the site.
A professional engineer, licensed by the Commonwealth of
Pennsylvania, and duly designated by Honey Brook Township, Chester
County, to perform the duties of engineer.
An addition to the floor area of an existing building, an
increase in the size of a structure or an increase in that portion
of a tract or lot occupied by an existing use.
A commercial facility for the training of horses and riders,
as well as the care, exercising, boarding, and riding of horses.
An event connected with the operation of an equestrian center,
that may include activities such as private parties organized for
groups coming to the equestrian center; small judged competitions
and schooling shows; and may include the sales of materials on consignment.
This does not include large scale events such as polo games or tournaments,
rodeos, or events in excess of that permitted by this Chapter.
Any or all work necessary for the erection or construction
of any building or structure from a combination of materials which
are intended to form stable structures.
An E&S permit required by the Pennsylvania Department
of Environmental Protection (PADEP) for earth disturbance activities,
including a timber harvesting operation that involves 25 acres or
more of earth disturbance activity. PADEP may delegate responsibility
for issuance of an erosion and sediment control permit to the Chester
County Conservation District.
A site specific plan consisting of both drawings and a narrative
that identifies best management practices (BMPs) to minimize accelerated
erosion and sedimentation before, during and after earth disturbance
activities. [Such plan is required by the Pennsylvania Department
of Environmental Protection (PADEP) for timber harvesting operations
which propose to disturb more than 5,000 square feet. PADEP may delegate
responsibility for review and approval of an erosion and sediment
control plan to the Chester County Conservation District.]
Includes sewerage, water, gas and electric lines, and related
appurtenances used to serve development within the Township, but not
including cross-country transmission lines or other utilities not
required to serve the Township.
EV, or exceptional value, referring to a special protection
waters designation issued by the Pennsylvania Department of Environmental
Protection for a watercourse or portion thereof.
A single person occupying a dwelling unit.
Two or more persons related by blood, marriage, or adoption
occupying a dwelling unit, including not more than one boarder, roomer,
or lodger.
A group home providing nontransient lodging for unrelated persons
with special needs requiring special care, functioning as a single
household unit and providing habilitative services in accordance with
Chapter 5310, "Community Residential Services for the Mentally Ill,"
of the Pennsylvania Code, Title 55, or any other state and federal
program pertaining to the housing for developmentally disabled individuals
as regulated by the Federal Fair Housing Amendments Act.
Not more than four unrelated persons occupying a dwelling unit,
living together as a single household unit, excluding a rooming or
boarding house, fraternity house, dormitory, or transitional housing.
Any building or structure used for agriculture, including
the storing of agricultural equipment or farm produce or products,
the housing of livestock or poultry, or the processing of dairy products.
The term "farm building or structure" shall not include a dwelling,
but shall include a barn, silo, accessory building or structure, or
any customary farm accessory structure.
Any person employed by the owner of a tract containing 20
acres of gross lot area or larger, as farm help, and who may reside
thereon.
Federal Communications Commission.
The act of cutting a standing tree so that it falls to the
ground.
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh, masonry, or vegetation,
singly or in combination with other materials, two feet or higher,
erected to secure or divide a property from another, or part of a
property from the remaining part, to ensure privacy, to protect the
property so defined, and/or to enclose all or part of the property.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
A flagstaff designed and solely intended for the patriotic
display of the flag of the United States of America, or its armed
forces, the Commonwealth of Pennsylvania or any political subdivision
thereof, or the flag of a group or organization, or combination thereof,
and for no other purpose. A flag pole shall not include a standard
antenna, a standard antenna support structure, a commercial communications
antenna support structure, tower, antenna, or any other structure
designed, intended, or capable of supporting any other use or purpose.
The area identified as the "Identified Floodplain Area" in Chapter 8 of this Code.
The sum of the area of the several floors of a building or
buildings measured from the face of the exterior walls or from center
lines of walls separating two buildings. In particular, floor area
includes, but is not limited to, the following:
Basement space, if it meets the requirement of a building story.
Elevator shafts, stairwells, and attic space (but only where
a floor has been laid) providing structural headroom of six feet or
more.
Roofed terraces, exterior balconies, breezeways, or porches,
provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes, no matter
where located within the building.
A unit of light intensity stated in lumens per square foot
and measurable with an illuminant meter, aka light meter.
Any area defined as "woodland" herein or depicted as woodland
on the Biological Resources Map of the 2015 Honey Brook Township and
Borough Multi-Municipal Comprehensive Plan.
Universally accepted activities that have positive effects
or minimize negative effects on the forest ecosystem. (See Best Management
Practices for Pennsylvania Forests, Penn State College of Agriculture.)
The extent of the uppermost leaf cover formed within any
woodland or forest by the crowns of trees.
The individual trees which collectively form the forest canopy.
That portion of a forest or woodland which lies beyond most
of the influences which degrade a forest from the outside influences
such as light, wind, noise, and non-native species. Forest interior
habitat provides the best habitat for certain rare and sensitive species
and can be referred to as the "deep woods" or the "heart of the forest."
Forest interior habitat is defined as any area within a thirty-five-acre
or larger woodland which is also located more than 300 feet from the
outermost dripline of all trees along the edge of the subject woodland
area.
The growth of a new forest, which includes not only the trees
but also the other beneficial woody and herbaceous vegetation that
contributes to the overall integrity, diversity, and health of the
entire forest community and its interdependent ecological functions.
A plan submitted in conformance with the provisions set forth in § 27-1029 of this Chapter which states a landowner's goals for his or her woodland, documents the forest's present condition, lists recommendations, and describes the desired forest condition, or how the forest should look in the future. It should also consider the types and sizes of trees, wildlife habitat, transportation layout, recreational opportunities, and financial returns. (For more information, see Forest Stewardship, Planning Your Forest's Future, Penn State Cooperative Extension, College of Agricultural Sciences, 2013.)
The management of forests or woodlands when practiced in
accordance with accepted silvicultural practices, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development, and which maintains
the health and sustainability of forested land. Forestry shall include
timber harvesting. A woodland disturbance resulting in the conversion
of land for the growing of crops or raising of livestock shall not
be considered forestry but meets the definition of timber harvesting.
See "yard, front."
See "yard line."
The length of a front lot line coinciding with a street line.
A portion of a building site dedicated to the retail sale
of motor vehicle fuel as part of a convenience store, or as part of
a supermarket or shopping center use, with sufficient land area for
adequate vehicular circulation and the delivery of bulk fuels by heavy
trucks.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
An establishment approved by the Pennsylvania Board of Funeral
Directors wherein a licensed funeral director conducts the professional
practice of funeral directing, including the preparation, care, viewing,
and funeral services for deceased humans. A funeral home shall not
include a cemetery, columbarium, mausoleum, or entombment.
A use of a lot for the maintenance of fish and/or game for
the purpose of regulated fishing or hunting. Game preserves may have
accessory buildings or structures for the purpose of storing equipment,
parking, and/or maintaining game stock. A building designed or used
for human habitation shall meet the requirements of a single-family
detached dwelling and be subject to the regulations thereof.
The accessory use for the temporary display and sale of common
household goods and craft items on a residentially used property.
A building or portion thereof which is available to the general
public, designed or used for the storage of motor vehicles, but which
is not used for the repair or maintenance of motor vehicles.
An accessory structure 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 for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
Solid waste resulting from animal, grain, fruit, or vegetable
matter used or intended for use as food.
An unattended facility established to dispense gasoline and
related fuels for motor vehicles, accessible only to card-holding
members or subscribers. Such a facility shall not include such accessory
uses as vehicle repair or leasing or the sale of parts and accessories,
groceries, or general merchandise.
An energy generating system that uses the Earth's thermal
properties, in conjunction with electricity, to provide for the heating
and cooling of buildings.
A sensation of brightness within the visual field which causes
annoyance, discomfort, or loss in visual performance, visibility,
and/or the ability to focus the eye, so as to jeopardize health, safety,
or welfare.
Either a publicly or privately owned and operated, unlighted,
course which shall have a minimum of nine holes of golf. Neither a
commercial driving range nor a commercial miniature golf area shall
be considered a golf course for purposes of this Chapter.
The elevation of finished ground or paving which adjoins
a building or structure.
See "greenhouse" within the definition of "agriculture."
A retail use whose merchandise sales of consumable fresh
foods, prepared foods, and dry food ingredients total 80% or more
of the store's total gross annual sales.
That floor area within a building, on all floors of such
building which are used for or related to a business establishment
or a use conducted within the building, including all private lavatories,
corridors, storage areas and other areas used to keep stock and inventory,
but excluding the following public or common areas: elevator shafts,
stairwells, first floor lobby, public lobbies, common mall areas,
public lavatories, storage area in the basement, and an room or area
dedicated to the heating plant, air conditioning equipment or other
utility areas necessary for the operation of the building.
The replenishment of water, contained in interconnected pores
located below the water table in an aquifer, from the infiltration
of precipitation, streams, lakes, or other water sources.
A dwelling unit occupied by a maximum of five unrelated individuals,
suffering a medically recognized mental or physical impairment or
disability not currently requiring hospitalization, residing together
as a single housekeeping unit and using cooking facilities and certain
household rooms in common as though they were a family unit.
The term "group home" shall not include any use meeting the
definition of a "treatment center" or "personal care home."
The term "group home" shall not involve the housing or treatment
of persons who could reasonably be considered a threat to the physical
safety of others.
A group home shall be subject to the regulations applicable
to a single-family detached dwelling in the zoning district in which
it is located.
A method of regenerating an uneven-aged stand that removes
trees in a number of 0.1- to one-acre areas to create openings in
the forest canopy. The larger the opening, the more likely that regeneration
of sun-loving (shade intolerant) species will develop and persist
in the openings.
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health pursuant
to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101
et seq. to grow and process medical marijuana.
A space in a building designed for living, sleeping, eating,
and/or cooking.
A road designed for use by trucks to transport harvested
timber from the log landing to a public road.
Garbage, refuse, or sludge from an industrial or other waste
water treatment plant; sludge from a water supply treatment plant
or air pollution control facility; and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations, and from community activities, or a combination
of the above, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may do one of the following:
Cause or significantly contribute to an increase in mortality
or increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
A member of the Zoning Hearing Board who has been appointed
by the Board to conduct a hearing.
An area used for the takeoff and landing of helicopters,
together with any related support facilities such as for maintenance,
refueling, and storage. This Chapter is not intended to regulate the
nonroutine emergency landing and takeoff of aircraft to pick up seriously
injured or ill persons or the use of helicopters in occasional on-site
construction projects.
Pertaining to nonwoody vegetation, such as grasses and wildflowers.
The harvesting of only those trees that will give the highest
immediate economic return. Because slower-growing and poor-quality
trees are retained, high-grading diminishes the diversity and economic
value of the future woodland or forest. See "diameter-limit cutting"
or "selective cutting."
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 state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An activity conducted for profit by persons residing on the
premises that is clearly secondary to the existing residential or
agricultural use of the property. Home occupations are further divided
into the following three types for the purposes of regulation herein:
NO-IMPACT HOME OCCUPATIONA business or commercial activity administered or conducted as an accessory use which is located within and clearly secondary to the use as a residential dwelling and which involves no:
LIMITED-IMPACT HOME OCCUPATIONAny home occupation that is not a no-impact home occupation, as meets the requirements of § 27-1033 of this Chapter.
RURAL OCCUPATIONAn occupation carried on by a property owner and his/her immediate family that is accessory and secondary to the principal residential and/or agricultural use and that meets the requirements of § 27-1033 of this Chapter.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community-owner property. This term is
synonymous with property owners' association.
The combined area of Honey Brook Borough and Honey Brook
Township as described in the 2015 Honey Brook Township and Borough
Multi-municipal Comprehensive Plan.
The cultivation of fruits, vegetables, flowers, or ornamental
plants; a form of agriculture. See "agriculture, nursery."
A building or group of two or more buildings located on a
lot held in single and separate ownership, designed, intended, and
used principally for providing sleeping accommodations to the transient
public in rooms or suites which may include a kitchen facility, and
which are provided with a daily maid service. The following ancillary
facilities may be provided as an integral part of a hotel, motel,
or inn; provided, however, that no gambling or electronic gambling
devices shall be permitted: restaurant, meeting rooms, banquet facilities,
and shops for the sale of books, papers, magazines, clothing and sundries
to guests; recreation facilities for use only by registered guests,
such as a swimming pool, exercise area or room; and similar ancillary
facilities commonly accessory to a hotel, motel, or inn.
HQ, or high quality, referring to special protection waters
designation issued by the Pennsylvania Department of Environmental
Protection, for a watercourse or portion thereof.
Any soil inventoried or described as hydric or as a soil
with hydric inclusions for Chester County by the U.S. NRCS Soil Survey.
The floodplain area specifically identified in this Chapter
as being inundated by the one-percent chance annual flood.
Illuminating Engineering Society of North America.
The quantity of light measured in footcandles or lux.
A riparian buffer that does not consist predominantly of
native trees, shrubs and/or herbaceous plants.
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.
The impervious surface ratio is a measure of the intensity
of use of a piece of land. It is measured by dividing the total area
of all impervious surfaces within the site by the gross lot area.
An appurtenance developed by human design including, but
not limited to, buildings, structures, objects, landscape features,
and manufactured units, including by way of example mobile homes,
boats, docks, carports, storage buildings, utilities, and driveways.
A dwelling unit, developed as an integral component of a
life plan community designed for occupants who do not need skilled,
nursing, or assisted care.
See "use, industrial."
See "hotel."
Any nonnative plant species which aggressively displaces
native plants. Also called "exotics" and "aliens," these species reproduce
prolifically, grow rapidly, and out-compete native plants for light,
space, and nutrients, reducing plant diversity and wildlife habitat.
Invasive vegetation includes, but is not limited to, the plant species
listed in Appendix "A", List of Alien, Invasive Trees, Shrubs, and
Vines, of this Code.
The Institute of Transportation Engineers, founded in 1930,
is an international educational and scientific association of transportation
professionals who are responsible for meeting mobility and safety
needs. ITE facilitates the application of technology and scientific
principles to research, planning, functional design, implementation,
operation, policy development and management for any mode of transportation.
See www.ite.org for more information.
The use of land, building or structure for the purpose of
breeding, training, or housing customary household pets for compensation,
or the maintenance of more than five dogs that are more than six months
old. For regulatory purposes, "kennel" shall also include nonprofit
animal shelters and boarding kennels. For the purposes of this chapter,
a kennel will be considered "commercial" or "noncommercial" if the
number of dogs meets the respective definition of a commercial or
noncommercial kennel under the Pennsylvania Dog Law[2] and the regulations thereunder.
[Amended by Ord. No. 197-2019, 7/10/2019]
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing, and experimentation,
but not including the manufacture of products for sale, except as
an accessory use.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams, or result from
excavation. Lakes are bodies of water two or more acres in extent.
Ponds are bodies of water less than two acres in extent. The spillway
crest elevation is the basis on which the shoreline is established.
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.
The division or allocation of 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.
The definition of land development shall not include the following
activities:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which constitutes an amusement park. This
exclusion shall not apply to newly acquired acreage by an amusement
park until initial plans for the expanded area have been approved
by the proper authorities.
Any activity which exposes soils, alters topography, and/or alters vegetation. A timber harvesting operation conducted in accordance with the provisions of Section 27-1028 shall not be separately regulated as a land disturbance.
In addition, the following activities shall not be regulated
as land disturbance but shall nevertheless be undertaken in a manner
such that disturbed areas shall be stabilized with suitable vegetation
and shall not be left bare:
Notwithstanding the above, clearing of woodlands, where proposed
to prepare soil for the production of crops, may meet the definition
of "timber harvesting."
The legal or beneficial owner or owners of land, including
for purposes of this Chapter the holder of an option or contract to
purchase (whether or not such option or contract is subject to any
condition), a lessee if he is authorized under the lease to exercise
the rights of the landowner, or other person having a proprietary
interest in land.
The planting of turf-grass or other appropriate ground cover
in all open areas of the lot, and in addition, the planting of evergreen
and deciduous trees, and shrubs, including the maintenance thereof,
for the control of erosion, retention of precipitation, protection
against the elements, promotion of human comfort, and otherwise protecting
the public health, safety, and welfare.
A commercial premises equipped with individual clothes washing
and/or drying machines for the use of customers.
A residential complex designed and operated for mature adults,
which meets the definition of "housing for older persons" as set forth
in the Fair Housing Amendments Act of 1988, as amended, (42 U.S.C. § 3601
et seq.) that allows residents to age in place by including independent
living, assisted living, personal care, and skilled nursing facilities.
A life plan community shall consist of at least two of the following
three components: a skilled care or skilled nursing facility licensed
by the Commonwealth of Pennsylvania; an assisted living facility licensed
or not by the Commonwealth of Pennsylvania; and independent living
housing units requiring no state-issued license. With the exception
of those of any age suffering from senile dementia and Alzheimer's
disease, a continuing care development shall not include any facility
providing housing, custodial, treatment, habilitative or rehabilitative
services to those afflicted with drug or alcohol addiction or dependence,
mental illness or emotional illness or for those detained for, charged
with, or convicted of any act punishable under any state or federal
penal statute or detained, adjudicated delinquent or dependent under
any juvenile code.
See "home occupation."
The uppermost layer of the forest floor consisting chiefly
of decaying organic matter.
A structure that consists of a principal retail or commercial
(i.e., neither a home occupation nor a nonresidential) use, where
clients or customers are served, that is located in the front of the
structure's first floor, or in its entire first floor. The remaining
space is comprised of a single residential unit that is intended to
be occupied by the retail or commercial business operator. Live-work
units may be attached to each other.
Horses, cattle, sheep, or other large domestic animals kept
or raised for agricultural purposes.
A space, accessible from a street or accessway, in a building
or on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
See "street."
The area at the end of a skid road where harvested timber
is stored or prepared for transport from the woodlot.
Cutting tops and slash into smaller pieces to allow the material
to settle close to the ground.
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.
For purposes of this Chapter, "lot area" shall mean the gross
lot area unless specifically modified with the word "net," e.g. "net
lot area."
The area of land contained within the limits of the property
lines bounding a lot, as shown on a deed, survey, plot, subdivision
or land development plan, excluding any portion of a lot included
in street and railroad rights-of-way.
The minimum area of a lot or tract formed by property lines
required by this Chapter for any specified use.
The gross area of the lot, but excluding all of the following
conditions or features:
Any area within an easement established for gas, oil, natural
gas, electric, or communications transmission facilities, whether
below or above ground, that do not exclusively serve the lot traversed.
Any area within an easement or right-of-way established for
a driveway that does not serve the lot traversed.
Any area within an easement established for water supply or
wastewater facilities that do not serve the lot.
Any area of prohibitive slope regulated by the Steep Slope Conservation District of § 27-804.
[Amended by Ord. No. 197-2019, 7/10/2019]
Any area lying within the Flood Hazard District and regulated by § 27-802.
Any area regulated by the Riparian Corridor Conservation District of § 27-805.
[Amended by Ord. No. 197-2019, 7/10/2019]
Any area designated as a wetland, lake or pond, except where
such area already is excluded under Subsection A(6) above.
Any accessway or right-of-way connecting a flag lot to a street,
except where the access strip is of sufficient size to comply with
the area and bulk requirements for a separate lot in the applicable
zoning district.
Unless otherwise indicated, all references to "minimum lot area"
as required for each zoning district shall reference this definition.
The percentage of the gross lot area that is fully covered
by impervious surfaces.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
Any property boundary or a lot line dividing one lot from
another or from a street or any public space, except that, in the
case of any lot abutting a street deemed to be the same as the street
line, the lot line shall not be the centerline of the street, or any
other line within the street line even though such may be on the property
boundary line in a deed. Any lot line neither a rear lot line nor
a front lot line shall be deemed a side lot line.
The lot line abutting any street and coinciding with any
street right-of-way line. In the case of a corner lot, each street
on which the corner lot abuts shall be considered a front lot line.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line. In the case of a corner lot, any
lot line that is not a front lot line nor a side lot line.
Any lot line not a front or rear lot line; in the case of
a corner lot, any lot line that intersects a front lot line shall
be considered a side lot line.
The horizontal distance, in feet, between side lot lines,
or between the side lot line and the front lot line in the case of
a corner lot, measured at either the building setback line or the
street line, and parallel to the street line.
A lot bounded by two or more intersecting streets, or at
the point of abrupt change in direction of a single street, the interior
angle of which is not greater than 135°.
A lot which does not adjoin a street but is connected thereto
by an access strip of required minimum width.
A lot whose lot lines do not abut a street.
A lot which is surrounded on all sides by one or more lots
and does not have a street connection or does not abut a street.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A lot which does not conform to the minimum width, depth,
or area dimensions specified for the district where such lot is situated
but was lawfully in existence at the time of enactment of this Chapter
or a prior zoning ordinance, or is legally established through the
granting of a variance by the Zoning Hearing Board.
A lot of record that exists at the time of application for
approval of a particular subdivision and from which one or more new
lots are proposed to be created.
Unit used to express the light output of a lamp or fixture.
The number of lumens striking a square foot of task area determine
the footcandle level (lumens per square foot).
A unit of light intensity stated in lumens per square meter.
There are approximately 10.7 lux per footcandle.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, creation of products, and blending of materials,
such as lubricating oils, plastics, resins, or liquid.
A facility designed to use anaerobic digestion processes
to convert livestock and poultry manure into biogas, which is generally
burned on-site to produce electricity, heat, and water, as well as
to manage livestock and poultry manure. Manure digesters may include
"co-digestion" in which the livestock and poultry manure may be mixed
with other organic materials. Types of manure digesters include covered
anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant sites, structures
and buildings, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
A well or pit approved by the Chester County Conservation
District and/or the Department of Environmental Protection for the
temporary storage of animal waste in conjunction with an agricultural
use.
A permanent structure attached to, projecting from, or supported
by a wall of a building, generally designed and constructed for protection
against the elements.
An establishment that meets all of the following criteria:
Manipulative exercises are performed using the hands and/or
a mechanical or bathing device on a person's skin other than the face
or neck by another person that is related to certain monetary compensation.
The person conducting the massage is not licensed as a health
care professional or a licensed massage therapist by the state, nor
related to the person receiving the massage by blood, adoption, marriage
or official guardianship.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or to a high school or college athletic
program.
See standards under "Adult Commercial Use" in § 27-1004.
An office or clinic for the practice of medicine and treatment
of persons as outpatients by physicians or licensed medical specialists
as a group for medical, dental, or eye care, and any laboratories
incidental thereto.
Marijuana for certified medical use as set forth in the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
A facility where up to 5,000 barrels (155,000 gallons) of
malt or brewed beverages are produced on-premises on an annual basis
and then sold or distributed for off-premises consumption. Brewing
is the principal use of the property, but it may include an accessory
tasting room, restaurant, and retail sales for on-premises or off-premises
consumption.
[Added by Ord. No. 197-2019, 7/10/2019]
A facility in which alcoholic beverages are distilled on-premises
and then sold or distributed for off-premises consumption, and which
possess a "limited distillery" license from the Pennsylvania Liquor
Control Board. Distilling is the principal use of the property, but
it may include an accessory tasting room, restaurant, and retail sales
for on-premises or off-premises consumption.
[Added by Ord. No. 197-2019, 7/10/2019]
Panels with rotors with diameter one foot or less, meant
for areas with low-to-moderate wind speeds.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, iron ore, zinc ore,
vermiculite, and clay, but does not include anthracite or bituminous
coal or coal refuse, except, as provided in § 4 of the Non-coal
Surface Mining Conservation and Reclamation Act, as amended, 52 P.S. § 3304.
Storage units provided for lease to the public for the purpose
of storage of personal property generally stored in residential structures
and in which each storage unit has direct access from the outside.
See "quarrying."
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 exit-way requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring, or mechanical
or other work affecting public health or general safety.
The use of a building or lot for two or more principal uses.
See "dwelling unit."
See "lot, mobile home."
The concrete pad for the purpose of supporting a mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes for nontransient use.
A parcel (or contiguous parcels) of land divided into two
or more lots, for rent or sale, for the placement thereon of mobile
homes or manufactured homes.
A WCF or site which consists of a single pole wireless support
structure, designed and erected on the ground or on top of a structure,
to support antennae and connecting appurtenances.
See "hotel."
Any building, structure, facility, complex, park, open space,
recreation lands, trail, other area, or use, provided, constructed,
or maintained by the municipal government of Honey Brook Township,
Chester County, Pennsylvania. Municipally owned telecommunications
towers leased or otherwise made available to private users shall not
be considered a municipal use.
The Pennsylvania Municipalities Planning Code, 53 § 10101
et seq., as amended. Also known as "Act 247."
Plants that are indigenous and original to the specific area
or region (the Delaware Valley) and are most appropriate for planting
as a result of their adaptation to regional environmental conditions
including climate, soils, topography, winds, precipitation, wildlife
and other living organisms.
The replacement of one forest stand by another through natural
seeding or sprouting.
Any structure for which the start of construction commenced
on or after August 18, 1975, and including any subsequent improvements
thereto.
See "home occupation."
All wireless communications facilities (WCFs) that are not
tower-based, including, but not limited to, data collection units,
antennae and related equipment. Non-tower WCF shall include support
structures for antennae and related equipment that is mounted to the
ground or at ground-level. Other non-ground-mounted examples can include,
but not limited to, installation of a WCF on an existing utility pole,
light pole, barn, church steeple, farm silo, water towers or other
similar structures.
A privately owned antenna or tower serving solely the same
property upon which the antenna or tower is located, for the personal,
amateur, noncommercial use of the owner of the property, and as an
accessory use to such property, for example, ham radio, citizens band
radio, or direct broadcast satellite dishes.
See "lot, nonconforming."
Any sign legally existing at the effective date of this Chapter that does not conform in use, location, height, or size to the sign regulations of Part 9, General Regulations.
See "structure, nonconforming."
See "use, nonconforming."
A use of land, or improvements thereto, for uses other than
those for residential purposes, including, but not limited to, commercial,
industrial, and institutional.
Plant material that is undesirable or offensive due to unsightliness,
threats to health, or prolific and uncontrollable growth. For purposes
of this Chapter, noxious vegetation shall include, but not be limited
to, ragweed, multiflora rose, Canada thistle, Japanese honeysuckle,
oriental bittersweet, and other such vegetation as shall be determined
by the Pennsylvania Department of Agriculture.
The showing of the human male or female genital, pubic area
or buttocks with less than a fully opaque covering; the showing of
the female breast with less than a fully opaque covering of any part
of the nipple; the exposure of any device, costume or covering which
gives the appearance of or simulates the genitals, perineum anal region
or pubic hair region; or the exposure of any device worn as a cover
over the nipples and/or areola of the female breast which device simulates
and gives the realistic appearance of nipples and/or areola.
Land or greenhouses used to raise flowers, shrubs, trees,
and/or other plants for commercial purposes.
A material thing of functional, aesthetic, cultural, historic,
or scientific value that may, by nature or design, be movable yet
related to a specific culture, setting or environment. An example
would be an Indian totem.
See "home occupation."
See definition of "rural occupation" under "home occupation."
A use that involves administrative, clerical, financial,
governmental, or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical or dental offices, clinics
or laboratories, photographic studios, and/or television or radio
broadcasting studios.
A business establishment which does not offer, on the premises,
a product or merchandise for sale to the public but offers a service
to the public. Personal services, such as barber and beauty shops
and repair services, are not to be included within the definition
of "business office."
An area undergoing natural succession characterized by the
presence of herbs, shrubs, and small trees (seedlings) whose branches
do not form a complete or nearly complete aerial canopy.
A type of geothermal heating and/or cooling system that utilizes
a water supply, well, or other source, and a pump to deliver groundwater
to a heat exchanger. The discharge water from the heat exchanger may
be returned to the subsurface through a recharge well or infiltration
bed, or may be discharged into a pond, lake, or stream.
A conservation subdivision alternative where a tract or tracts
of land, controlled by one applicant, is to be developed as a single
entity for residential purposes, in which dwelling unit type, density,
and other area and bulk requirements serve as incentives for the retention
and permanent protection of meaningful open space.
Land or an area of water or a combination of land and water
legally preserved in perpetuity and intended for the use and enjoyment
of the residents of a development and/or the general public.
Common open space shall be free of buildings, except for recreational
and utility buildings specifically approved by the Board of Supervisors
as part of an initial development plan.
Common open space shall not include street rights-of-way, private
streets, any yard or other area required to meet a requirement for
an individual building lot or off-street parking areas except for
parking areas clearly needed to serve the permitted uses within the
open space area.
Common open space may include both active and passive recreational
uses, such as tennis courts, basketball courts, play equipment, golf
courses and putting greens, swimming pools, trails, exercise stations,
or other similar uses that do not primarily involve buildings.
A parcel or parcels of land or an area of water, or a combination of land and water, within a subdivision or land development, set aside, designed and managed for the protection of open space features, including but not limited to farmland, scenic views, historic resources, natural areas and recreational areas, subject to an approved open space management plan and restricted from further development as provided in Part 20, Open Space Design Option, of this Chapter.
An outdoor patio area of an associated restaurant or tavern
used for the express purpose of furnishing food and beverages to the
public to be consumed on the premises, and directly abutting and on
the same lot as the principal building in which the associated restaurant
or tavern, licensed by the Pennsylvania Liquor Control Board pursuant
to the regulations of the said Board (40 Pa. Code § 7.21
et seq. or successor regulations) to conduct business on the above-mentioned
premises, is located.
The temporary and seasonal establishment within a defined
open area of booths and portable enclosures, defined as temporary
structures, specifically designed and intended for display and retail
sale of "home-grown" or "homemade" food, flowers, plants, nonalcoholic
beverages, clothing, crafts, dry goods, holiday decorations, and other
merchandise, and offered to local residents on a one-day-per-week
basis.
See "outdoor wood-fired boiler."
See "recreational use, outdoor."
See "storage, outdoor."
A fuel-burning device in which all of the following applies:
Has a rated thermal output of less than 350,000 Btu per hour.
The manufacturer designs or specifies the device for outdoor
installation or installation in structures not normally intended for
habitation by humans or domestic animals, including structures like
garages and sheds.
Heats building space or a fluid, or both, through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and approved, nontoxic antifreeze.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation, also known
as "PennDOT," or its successor, and its subparts.
See "lot."
See "lot, parent."
A space located off the public right-of-way designed and
designated for parking a single motor vehicle.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
A common shared wall between two separate structures, buildings,
or dwelling units.
Areas, excluding buildings, surfaced with concrete, paving
brick, bituminous, or other such material, to create a dustless, all-weather
surface.
See "use, permitted by right."
A single-family detached dwelling designed to provide a safe,
humane, comfortable and supportive residential setting for eight or
more adults who do not require the services in or of a licensed skilled
nursing facility, but who do require some assistance or supervision
with activities of daily living, instrumental activities of daily
living, or both. Personal care homes are licensed by the Pennsylvania
Department of Welfare.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any adult uses.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided that "person" does not
include or apply to the Township or to any department or agency of
the Township.
A geographical area or portion of a tract that is proposed
for residential, commercial, or other development, and which is to
be developed in accordance with a timetable or schedule approved with
an applicant's preliminary or final subdivision or land development
plan.
A private or public organization that is organized and operated
for the purpose of providing a service without profit. Such use shall
include, for example, an institution or foundation that distributes
grants or services to other agencies. The nonprofit status of the
organization shall be based on its recognition as such by the Internal
Revenue Service.
See "church."
Any combination of two or more principal uses on a single
lot or tract within the MUC — Mixed Use Commercial District,
whether individually permitted by right, special exception, or conditional
use, and including shopping center, live-work units, commercial or
office uses with apartments on upper floors, but excluding mobile
home park. Such uses are planned and designed as a complex of related
structures, common areas, unifying architecture and site design, and
circulation patterns, and designed, constructed, or managed as a total
entity with customer, employee, and/or resident parking provided on-site
and with provision for delivery of goods separate from customer access.
Any combination of two or more residential dwelling unit types and accessory uses on a single lot or tract within the MUR — Mixed Use Residential District. A planned mixed-use residential development may also include nonresidential uses, subject to the provisions of Part 5 of this Chapter. A planned mixed-use residential development is planned and designed as a unified development of related structures and amenities, common open space, and vehicular and pedestrian circulation patterns.
A combination of deciduous (leaf-shedding) and evergreen
plantings intended to provide an effective screen throughout the year.
See also "effective usual or natural screen."
Pennsylvania Natural Diversity Index.
See "lakes and ponds."
A nonflushing toilet that retains and chemically treats sewage
in a retaining tank and is constructed to facilitate ultimate disposal
of the sewage at another site.
Those areas of land where the grade is 15% up to and including
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 purpose of application of these regulations,
slope shall be measured over three or more two-foot contour intervals
(six cumulative vertical feet of slope). All slope measurements shall
be based on contour intervals determined by detailed topographical
survey using aerial photogrammetry or actual field survey and shall
be signed and sealed by a registered surveyor or engineer licensed
to practice in the Commonwealth of Pennsylvania.
A separate lot, tax parcel, tract, or plot of land together
with the buildings and structures thereon. "Premises" may include
more than one occupant on a lot or parcel, such as an office building
or planned commercial center.
See "building, principal."
See "use, principal."
Where at least 51% of the actual cash value of a structure,
less land value, is above ground.
A forester meeting one of the following requirements:
Possessing at least two years of technical forestry experience
and an associate's degree in forest technology, forestry, forest management,
forest ecosystem management, urban forestry, forest science, agroforestry,
or similar course of study.
Possessing a bachelor's or master's degree in forest technology,
forestry, forest management, forest ecosystem management, urban forestry,
forest science, agroforestry, or similar course of study.
Possessing a bachelor's or master's degree in wildlife biology,
botany, or plant ecology.
Those areas of land where the grade is greater 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 purpose of application of these regulations, slope shall be
measured over three or more two-foot contour intervals [six cumulative
vertical feet of slope]. All slope measurements shall be based on
contour intervals determined by detailed topographical survey using
aerial photogrammetry or actual field survey.
An event, sponsored by the property owner, an association
of agricultural property owners, or similar organizations formed to
assist the agricultural industry in the area, to promote the sale
of Pennsylvania wines, and which is intended to allow for the sampling
and direct marketing and sales of wines produced on the premises or
produced elsewhere from grapes grown on site.
Includes all outdoor places owned by or open to the general
public and all buildings and enclosed places owned by or open to the
general public, including such places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members, whether open to the public or to patrons
invited to attend, whether or not an admission charge is levied.
Includes parks, playgrounds, and other public areas, and
the sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities. For the purpose of this Chapter,
public grounds are a public use. (See also "public use.")
A formal meeting held pursuant to public notice by the Board
of Supervisors or Zoning Hearing Board, intended to inform and obtain
public comment prior to taking action.
A forum, often held by the Township Planning Commission,
pursuant to notice by the Township for the purpose of providing information
and/or discussion.
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 any hearing or meeting and the particular
nature of the matter to be considered at the hearing or meeting. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days prior to the date of the hearing
or meeting.
Electric substations, pumping stations, telephone exchanges,
repeater stations, and other facilities, public service facility equipment
and structures necessary for conducting a service by a government
or a public utility.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures, and other related apparatus necessary
for conducting a service by a government or a public utility.
A strip of land, including the entire right-of-way, intended
for general public use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. A public street shall be one
that has been dedicated to the public use and used and maintained
pursuant to the Second Class Township Code, 53 P.S. § 65101
et seq., and/or the regulations of the Commonwealth of Pennsylvania,
Department of Transportation.
Wine sampling by the general public.
Any building, structure, facility, complex, or area used
by the general public or which provides a service to the public, which
is owned or operated by a state, county, or municipal government agency.
A building owned and operated by any utility authorized to
operate a public utility facility, as that term is defined herein.
A facility owned and operated by an electric company, water
company, sewage disposal company, telephone company, cable television
company, gas company, pipe line company or similar legal entity owning
or operating equipment or facilities for transmitting, distributing
or conveying natural gas, electricity or steam for the production
of light, heat or power through and outside the Township to or for
the public for compensation; pumping, distributing or furnishing water
to or for the public for compensation; transporting passengers or
property as a common carrier; transporting or conveying natural gas,
crude oil, gasoline or petroleum products, materials for refrigeration,
oxygen or nitrogen or other fluid substance, by underground pipeline
or conduit, for the public for compensation; conveying or transmitting
messages or communications by telephone or telegraph for the public
for compensation, except as herein otherwise excluded; and sewage
collection, treatment or disposal for the public for compensation;
provided, however, that such facility shall not include a sewage treatment
plant, power generation plant for the production of natural gas, electricity,
steam or any similar facilities, buildings or structures designed
and intended to produce or generate any such products or services,
or administrative offices of such entity, whether publicly or privately
owned. The term also does not include any facility of a person, corporation
or other legal entity not otherwise a public utility, who or which
furnishes service only to himself or itself; any facility of a person,
corporation or other legal entity who or which furnishes mobile domestic
cellular radio telecommunications service; any cooperative association
which furnishes service only to its stockholders or members on a nonprofit
basis; any producer of natural gas not engaged in distributing such
gas directly to the public for compensation; any building or facility
owner/operators who hold ownership over and manage the internal distribution
system serving such building or facility and who supply electric power
and other related electric power services to occupants of the building
or facility; provided, however, that in any instance where the use
regulations of a particular zoning district do not permit a public
utility building, the provisions of § 619 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10619, shall apply;
provided, further, that "essential utilities," as defined in this
Section, shall be permitted in all zoning districts.
See "dwelling unit."
The removal from the earth, at or below its surface, of any
mineral deposit, as defined by this Chapter, for use or disposal off
the premises through consumption, commerce, or distribution. Excluded
from the definition are grading and earthmoving incident to normal
construction activities and normal farming operations.
Sites which have been identified on the Pennsylvania Natural
Diversity Inventory (PNDI), the Chester County Natural Heritage Inventory,
or any Chester County natural areas inventory 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.
The complete removal of an entire building or structure so
as to leave no part of the building or structure standing.
See "yard, rear."
See "yard line."
Any or all work needed to remake or rebuild all or a part
of any building to a sound condition, but not necessarily of original
materials.
A gainful activity or business, open to the public for the
purpose of public recreation or entertainment including, but not limited
to, bowling alleys, motion picture theaters, health clubs, driving
ranges, and miniature golf courses.
Those recreational uses which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts
and swimming pools; excluding amusement parks.
Recreational pursuits which can be carried out with little
alteration or disruption in the area in which they are performed.
Such uses include, but are not limited to, hiking, biking, and picnicking.
The use of a building or part thereof for indoor entertainment
or sports, which may be operated as a commercial venture, such as
bowling, pinball and video games, pool tables, movie theaters, playhouses,
tennis, racquetball, squash, indoor basketball, indoor swimming, or
similar indoor uses, but excluding target shooting or any other activities
that create loud noises or may be dangerous or disturbing to surrounding
residents.
An outdoor facility and associated structures designed and
equipped for the conduct of sports and leisure time activities, which
may be operated as a commercial venture, including swimming, tennis
and other court games, baseball and other field sports, playground
and other similar outdoor activities, but excluding amusement parks,
go-cart tracks, shooting ranges and other activities which generate
noise objectionable to a residential environment.
A vehicle, boat, boat trailer, or other piece of equipment,
whether self-powered or designed to be pulled or carried, intended
only for leisure time or recreational use and which is:
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; and
Not designed for use as a permanent dwelling, storage facility,
animal shelter, or accessory building but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Recreational vehicles or units include snowmobiles, minibikes,
all-terrain vehicles, go-carts, boat trailers, travel trailers, truck-mounted
campers, motor homes, folding tent campers, boats, autos, buses or
trucks adapted for vacation use, and other vehicles not suitable for
daily conventional family transportation.
A business that accumulates material such as paper, glass,
aluminum, and plastic that is no longer useful for its original purpose.
The materials are then transported off the premises to be manufactured
into a new product. A place for the collection and storage of materials
suitable for recycling into usable products of the like, kind and
quality of the materials collected.
The restocking of an area with forest trees, including natural
regeneration as well as tree planting.
Man-made debris, including tires, oil cans, equipment parts,
and other rubbish.
A cutting method designed to promote and enhance natural
establishment of trees. Even-aged stands are perpetuated by seed tree,
shelterwood and clearcutting methods. Uneven-aged stands are perpetuated
by selecting individual or small groups of trees for removal. Five
requirements must be considered prior to making a regeneration cut:
Abundant advanced regeneration (seedlings and sprouts) should
be present on the forest floor, or there should be ample seed in the
forest floor litter that can germinate after the overstory is removed;
Seedlings and sprouts should be well-distributed;
They should be desirable species;
Vegetation that will inhibit the growth and development of seedlings
and sprouts should be controlled;
Seedlings and sprouts should be protected from over-browsing
by white-tailed deer.
The process of returning a property to a state of utility
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historical, architectural, and cultural values.
An energy system which makes use of recurring natural resources
or byproducts to produce energy without consuming nonrenewable resources
nor causing significant disturbance to natural systems. Renewable
energy systems include, but are not limited to, geothermal, solar,
and wind energy systems; as well as manure digesters and outdoor wood-fired
boilers (OWBs). Such systems are usually independent of the primary
utility supplied energy system but may be connected thereto.
For the purposes of this Chapter, an individual space offered
for rent or lease within a motel, hotel, rooming house, tourist home,
institutional home, dormitory, or in a professional or commercial
office building.
Any or all work involving the replacement of existing construction,
work, or features with the same material for the purpose of maintenance
and upkeep only, but not including any addition, removal, change,
or modification in any construction or existing features.
A use of land, or improvements thereto, for a home, abode,
or place where an individual is actually living at a specific point
in time.
See "conversion, residential."
A lot containing an existing dwelling unit and with a gross
lot area of less than 10 acres, or any undeveloped lot within the
RC, NR, MUR, or MUC Zoning Districts.
Trees remaining following any cutting operation.
The following types of restaurants are addressed by this
Chapter:
RESTAURANTAn establishment that sells ready-to-eat meals to the public which are clearly primarily consumed within the building or the place of business, and where waiters and/or waitresses serve the clear majority of non-buffet food and beverages is served to patrons while the customers are seated. Unless otherwise stated, such restaurant shall not include a drive-through lane.
RESTAURANT WITH TAKE-OUT SERVICEA restaurant that also involves accessory service to customers who consume the food off-premises. Unless otherwise stated, such restaurant shall not include drive-through service.
FAST-FOOD RESTAURANTA restaurant that sells ready-to-eat meals to the public and which does not meet the definition of a "restaurant" in Subsection A, above. This use typically involves customers making orders at an inside window or service area or cafeteria line, with the food consumed either at seating areas within the building or off the premises, and which typically involves customers eating the food outside of the building relatively frequently.
RESTAURANT WITH DRIVE-THROUGH SERVICEA restaurant that includes service to customers remaining seated in automobiles, either through an exterior window or service area or through service to parked automobiles.
FOOD STANDA place (including, but not limited to, a snack bar, dairy bar, or hamburger or hot dog stand) where customers are served ready-to-eat food at an exterior window or service area and where no inside seating facilities are provided and/or which primarily involves the off-site delivery of meals to the homes or businesses of customers.
Any or all work connected with the returning to or restoring
of a building or a part of any building to its original condition
through the use of original or nearly original materials.
A use in which merchandise is sold or rented to the general
public, but not including the following: adult movie theater; adult
bookstore; manufacturing; tavern; car wash; auto/truck fuel sales;
auto/truck/boat or other motor vehicle sales, service, or repair;
convenience store; or any restaurant. The term includes retail uses
whose merchandise sales of consumable fresh foods, prepared foods,
and dry food ingredients total less than 20% of the store's total
gross annual sales.
See "equestrian center."
The surface of and space above and below any real property
in the Township in which the Township or commonwealth has a regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, or any other public place, area, or property under the control
of the Township or commonwealth, and any unrestricted Township- or
commonwealth-owned easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Township or commonwealth. The phrase "in the
right(s)-of-way" means in, on, over, along, above and/or under the
right(s)-of-way.
Belonging or related to the bank of a water body.
A vegetated area, including trees, shrubs, and herbaceous
vegetation, adjacent to a water body.
A riparian buffer that consists predominantly of native trees,
shrubs and/or herbaceous plants that provide a minimum of 60% uniform
canopy coverage.
All objects, materials, equipment, and/or structures extending
more than 12 inches above the roofline of a building, including but
not limited to the following: vent stacks, heat pumps, cooling towers,
heating, ventilation, and air-conditioning units, and other mechanical
equipment. Rooftop structures shall specifically not include the following:
vent stacks that extend 12 inches or less above the roofline, chimneys,
parapet walls, and antennae. "Rooftop structures" shall be interpreted
as including the words "or part thereof." For a pitched roof, for
the purposes of this definition, the word "roofline" shall mean "the
mean height between the eaves and ridge."
See definition under "home occupation."
A private, nonprofit educational facility for academic instruction,
located as an accessory use on a property of at least 20 acres that
is actively involved in agriculture; no boarding of students shall
be permitted.
An educational use primarily for persons between the ages
of five and 19, properly certified by the Commonwealth of Pennsylvania,
including college; public elementary/middle or secondary school; or
similar educational facility for academic instruction, but excluding:
(A) private vocational or similar adult trade school or training center;
(B) therapeutic, rehabilitative, or correctional institution; and
(C) any residential facility or use.
An educational use primarily for persons between the ages
of five and 19, operated by the Twin Valley School District or its
lawful successors, including public elementary/middle or secondary
school; or similar educational facility for academic instruction,
but excluding: (A) private vocational or similar adult trade school
or training center; (B) therapeutic, rehabilitative, or correctional
institution; and (C) any residential facility or use.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby, and that does not primarily
provide state-required education to persons under age 18; may include,
e.g., dancing school, martial arts school, or ceramics school.
See "effective visual or natural screen."
Refers to wetlands that have water at or near the surface
only during periods of abundant rainfall or snow melt.
Under the direction of the National Historic Preservation
Act, the Secretary of the Interior Standards for Rehabilitation address
the treatment and preservation of the historic and architectural character
of historic resources including interior and exterior features, design,
additions, material, and construction methods.
A tree left standing for the sole or primary purpose of providing
seed.
The removal of high-quality trees singly or in small groups
based on a minimum diameter limit. Selective cutting often equates
to high-grading and can compromise the quality of the future stand.
See "mini-storage."
See "yard, front;" "yard, rear;" "yard, side."
Any substance that contains any of the waste products or
excrementitious matter or other discharge from the bodies of human
beings or animals and laundry, bathroom, and kitchen waste water.
A system of piping tanks or other facilities for the purpose
of sewage collection conveyance treatment and disposal which will
prevent the discharge of untreated or inadequately treated sewage
or other waste into waters of the commonwealth or otherwise provide
for the safe and sanitary treatment and disposal of sewage or other
waste. The term includes:
INDIVIDUAL SEWAGE FACILITYA sewage facility serving a single lot which collects treats and disposes of sewage in whole or in part into the soil or waters of the commonwealth or by means of conveyance to another site for final disposal. The term includes:
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage facility which collects, coveys, treats and disposes of sewage into a soil absorption area or spray field or by retention in a retaining tank on the lot where the sewage is generated.
INDIVIDUAL SEWERAGE SYSTEMAn individual sewage facility which collects, conveys, treats and disposes of sewage by means other than renovation in a soil absorption area or retention in a retaining tank on the lot where the sewage is generated.
COMMUNITY SEWAGE FACILITYA privately owned sewage facility which collects, conveys, treats and disposes of sewage from two or more lots or two or more equivalent dwellings units (EDUs) from the same lot on one or more of the lots or at another site. Such facility shall be approved by the Pennsylvania Department of Environmental Protection and/or the Chester County Health Department.
COMMUNITY ON-LOT SEWAGE SYSTEMA sewage facility serving two or more lots or two or more equivalent dwelling units (EDUs) from the same lot which collects, conveys, treats and disposes of sewage into a soil absorption area or spray field or retaining tank and located on one or more of the lots where the sewage is generated.
COMMUNITY SEWERAGE SYSTEMA sewage facility serving two or more lots or two or more equivalent dwelling units (EDUs) from the same lot which collects, conveys, treats and disposes of sewage other than by renovation in a soil absorption area or retention in a retaining tank and located on one or more of the lots where the sewage is generated.
PUBLIC SEWAGE FACILITYA sewage facility operated by the Northwestern Chester County Municipal Authority or its successors, or the Caernarvon Township Municipal Sewer Authority or its successors.
See "storage shed."
A sustainable forest regeneration method of timber harvesting
that leaves a large number of trees standing long enough to establish
and protect "advanced regeneration" sites until the seedlings and
saplings are well established. After regeneration is well established,
the sheltering trees are harvested, permitting the advanced regeneration
to occupy the site fully.
A mixed-use commercial development containing three or more
retail uses located in one building or on a single lot and preplanned
and designed as a complex of related structures and circulation patterns.
Such criteria shall also apply to any single proposed retail use more
than 20,000 square feet in gross floor area.
See "yard, side."
See "yard line."
The maximum extent of unobstructed vision (in a vertical
or horizontal plane) along a street from a vehicle located at any
given point on the street.
Any permanent or temporary device, structure, fixture, painting,
emblem, or visual that includes any letter, word, number, symbol,
graphic, color, or illumination for the purpose of communicating a
message. This includes, but is not limited to, signs that are an advertisement,
announcement, visual communication, or direction, or those that are
designed to attract the attention of the public. National flags, flags
of political subdivisions, or symbolic flags of any business or institution,
or cornerstones built into a wall of a building shall not be considered
as signs for the purpose of this Chapter.
ABANDONED SIGNA sign erected on or related to the use of a business, service, owner product, or property, which becomes vacant and unoccupied for a period of three months or more, or any sign which relates to a time, event, or purpose which is past.
AWNING SIGNA sign that is part of or attached to an awning or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. An awning without lettering or other advertising shall not be regulated as a sign.
BANNERA temporary sign having characters, symbols, design, or letters applied to paper, plastic, fabric, or similar flexible materials which are durable and weather resistant.
CHANGEABLE COPY SIGNA sign or portion thereof on which the copy or symbols change through the manual placement of letters or symbols on a panel mounted in or on a track system.
CONSTRUCTION/DEVELOPMENT SIGNA temporary sign intended to display the name of the project and/or the contractor, architect, engineer, financier, or similar information pertaining to the project.
DIGITAL DISPLAYThe portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.
DIRECTIONAL SIGNA sign indicating direction, entry or exit, loading or service area, fire lanes, parking, no trespassing, or similar information for pedestrian or vehicular traffic into, out of, or within a site.
DIRECTORY SIGNA sign identifying two or more persons, agencies or establishments located in a place or location common to those entities.
DOUBLE-FACED SIGNA sign which displays a message, information, or advertising on both faces, and sides, of the sign.
ELECTRONIC CHANGEABLE FACE SIGNA sign or portion thereof which can be electronically changed or rearranged without altering the face of the surface of the sign. This shall also include time and/or temperature messages.
FREESTANDING SIGNA sign supported by structures or supports that are placed on or anchored in the ground, and are independent from any building or structure.
GROUND SIGNA type of permanent freestanding sign located directly on, and affixed to, a base structure. Ground signs are also known as monument signs.
HANGING SIGNA sign which hangs by chain rope or similar means from the cornice of a roofline of a building, frequently from a porch over an entranceway.
IDENTIFICATION SIGNA sign identifying a rural occupation, home occupation or identifying the use of a property with a name and/or logo, but has no advertisement.
ILLUMINATED SIGN, DIRECTA sign which is designed to be illuminated by artificial light from a source adjacent to or outside of the sign in such a manner that the source of the light is not directly visible from the street or any other intended vantage point of the sign.
ILLUMINATED SIGN, INDIRECTA sign which is designed to be illuminated by light from within the sign rather than a source adjacent to or outside of the sign.
MARQUEE OR CANOPY SIGNAny building-mounted sign attached to a marquee or canopy for the purpose of advertising a use, event, product, film, or production. Marquee or canopy signs have no relationship to the roof structure of a building.
MENU BOARDA building-mounted sign that only displays types and/or prices of food and/or beverage offered for sale. Such signs include, but are not limited to, a bill of fare or a price list.
NAMEPLATE SIGNA sign indicating only the name and/or address of a person or persons residing on, or legally occupying, the premises.
OFFICIAL SIGNA sign erected by the state, county, Township, or other legally constituted governmental body.
OFF-PREMISES ADVERTISING SIGN (BILLBOARD)Any outdoor sign, display, figure, painting, drawing, message, billboard or any other thing which is designed, intended or used to advertise or inform, but does not include on-premises signs advertising or identifying activities conducted on or products sold on the property upon which they are located.
OFF-PREMISES DIRECTIONAL SIGNA sign which is used to direct the attention of patrons, members, or an audience to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.
ON-PREMISES BUSINESS SIGNA sign directing attention to a business, commodity, or service conducted, sold, or offered on the same premises as which the sign is located. An on-premises sign includes those that identify or advertise the home occupations.
POLITICAL SIGNA temporary sign pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.
PORTABLE SIGNA sign which is self-supporting without being firmly embedded in the ground or designed to be movable, including, but not limited to, signs mounted on wheels, menu and sandwich board signs, sidewalk A-frame signs, hot-air- or gas-filled balloons, or signs affixed to vehicles denoting a business-related activity.
PUBLIC SERVICES SIGNA sign which advertises availability of rest rooms, telephone, meeting times of service organizations or other similar public conveniences.
REAL ESTATE SIGNA temporary sign pertaining to the sale, lease, or rental of the property on which the sign is located.
TEMPORARY SIGNA sign constructed of paper, cloth, canvas, wood, metal or any lightweight material intended to be displayed for a short period of time, as stipulated in Part 9, but normally less than 30 days.
TRAFFIC SIGNSigns erected by the Commonwealth of Pennsylvania Department of Transportation or the Township which are designed to regulate traffic, describe road conditions, supply directions, or provide information.
VEHICULAR SIGNA sign affixed to, or painted on, a vehicle, trailer, wagon, or similar device used primarily as a stationary advertisement for the business or property on which the vehicle sits.
WALL SIGN, FLATA sign suspended from, painted on, posted on, or mounted parallel to a wall or other vertical building surface. Wall signs shall not extend more than six inches beyond the edge of a wall or other surface to which they are mounted; otherwise they shall be defined as a projecting sign.
WALL SIGN, PROJECTINGA building-mounted, double-sided sign typically affixed perpendicular to a building's wall. Projecting wall signs, also known as blade signs, do not include canopy, awning, or marquee signs.
WALL-SIGNABLE AREAA continuous rectangular area on the wall of a building.
WINDOW SIGNA temporary sign attached to or affixed to the interior of a window or door, or a permanent sign which is readily visible and can be read from the exterior through a window or door from a distance of 20 feet therefrom. Such sign shall not be internally illuminated.
The sign facing, including any border, framing, or decorative
attachments. In the case of freestanding letters, it shall be the
area contained between the highest and lowest points of any letters,
and the extremity points of the first and last letters.
The distance from the existing ground elevation at the base
of the sign to the highest point of the sign structure. Where there
is a sidewalk, the height shall be measured from the elevation of
the sidewalk.
A tall cylindrical structure that is located on a farm and
is used to store crops for animal feed.
The art, science, and practice of establishing, tending,
and reproducing forest stands.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
A method of regenerating an uneven-aged stand that removes
individually selected trees throughout all diameter classes, creating
small gaps in the canopy to facilitate regeneration.
Includes regrading the existing topography; filling lakes,
ponds, marshes, or floodplains; clearing vegetation; or altering watercourses.
Measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize exposure to possible
erosion or sedimentation.
Drag logs by lifting one end off the ground to reduce resistance.
A road designed for frequent use by skidding equipment. Skid
roads typically incorporate water-control structures.
A trail requiring less construction than a skid road because
it is used less frequently by skidding equipment.
A licensed health-care institution meeting federal criteria
for Medicaid and Medicare reimbursement for nursing care, which includes
supervised care of every patient by a physician and at least one registered
nurse, the maintenance of records concerning the care and condition
of every patient, and the availability of twenty-four-hour nursing
care.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
A scientific survey of soil conditions and characteristics
prepared by the former United States Soil Conservation Service or
current Natural Resources Conservation Service; in particular, Soil
Survey of Chester and Delaware Counties (1963), as it may be updated
or amended.
Energy which has been converted, through the use of a solar
energy system, from sunlight into usable electricity or to heat air,
water, or other fluids for use in hot water or space heating, or other
applications.
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user, or which
is to be sold to a utility company to be used by others, or sold directly
to other users. Particular types of solar energy systems include,
but are not limited to:
All refuse including garbage and trash, and all solid material
which is putrescible and originating from the preparation, cooking
and consumption of food and market produce.
A type of solid waste disposal facility which receives and
temporarily stores solid waste at a location other than the generation
site and which facilitates the bulk transfer of accumulated solid
waste to a facility for further processing or disposal, and which
may or may not involve the separation of recyclables from solid waste.
Plant and animal species that are not listed as threatened
or endangered by a jurisdictional agency, but are identified on a
PNDI Receipt as an at risk species. These include:
See "use, special exception."
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace or other fuel-burning device,
especially that part of a structure extending above a roof.
A grouping of vegetation sufficiently uniform in species
composition, age, and condition to be distinguished from surrounding
vegetation types and managed as a single unit.
A quantitative, absolute measure of tree occupancy per unit
of land area in such terms as numbers of trees, basal area (cross-sectional
area of a tree trunk at breast height), or volume.
The date of issuance of a building permit, provided the actual
start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the state
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
Camouflaging methods applied to tower-based wireless communications
facilities, antennae 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 antennae, building-mounted
antennae painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flag poles and light poles.
A tall tapering structure narrowing to a point at the top
that is located on the roof of or is a part of the superstructure
of a church or other place of worship.
An enclosure utilizing fences, structures or buildings to
temporarily house livestock prior to sale, shipment, or slaughter.
The keeping of man-made materials for future deposition for
a continuous period greater than eight hours. Excluded from this definition
are the following:
A self-contained accessory structure to be used solely for
the purpose of enclosing, protecting and/or securing objects used
in the normal operation and/or maintenance associated with the principal
use of the property. No vehicle or previously functioning vehicle
including, but not limited to, a recreational vehicle, camping trailer,
truck trailer, mobile home, or bus, and no part of a vehicle body
shall be used as a storage shed.
The storage of all man-made materials as defined above, in
an outside or unenclosed area, inclusive of material covered by tarps,
tents, canopies, or other similar structure.
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.
That portion of a building, included between the surface
of any floor and the ceiling next above it that is routinely accessible
by humans and has an internal height of not less than 6.5 feet shall
be considered a full story. Any such portion of a floor of a building
having an internal height of less than 6.5 feet shall be considered
a half story. In addition, if more than 33% of the perimeter walls
around the ground level are below grade, then such ground level shall
not be considered to be a story. See also the definition of "basement."
A right-of-way intended for general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "road," "highway," "thoroughfare," and "way." Streets
shall be further classified as:
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic and providing a high degree of mobility, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation. U.S. Rt. 322 is the only street classified as an arterial in the Township.
COLLECTOR STREETA street designed and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, e.g., commercial, industrial, professional.
LOCAL STREETA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
PRIVATE STREETA street that has not been dedicated nor is intended to be dedicated to the Township.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road, or highway legally
open or officially platted, or between a lot and the outside boundary
of the right-of-way of a privately owned street, road, or way over
which the owners or tenants of two or more lots, each held in single
and separate ownership, have the right-of-way.
The benches, waste cans, bicycle racks, public art, and other
structures that help to make the street a public, more welcoming,
and usable space.
See "street right-of-way line."
A native species tree, primarily of the deciduous variety,
planted to produce shade and to provide visual variety to the streetscape.
The center line of a street which is at an equal distance
from both right-of-way lines.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams, or girders, or any change which could
convert an existing building or other structure into a different structure,
or adapt it to a different use, or which in the case of a nonconforming
building or other structure would prolong the life of such building
or other structure.
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
Any man-made object having an ascertainable stationary location
on land or water or on land and water, whether or not affixed to the
land. The term "structure" shall include, but not be limited to, buildings,
fences, flagpoles, garages, mobile (manufactured) homes, porches,
sheds, signs, silos, solar energy collectors, swimming pools, tanks,
towers, walls, water towers, windmills, and similar constructions.
"Structure" shall be interpreted as including the words "or part thereof,"
and shall include any walled or roofed building, including a gas or
liquid storage tank, that is principally above ground.
A structure or part of a structure which does not comply
with the applicable dimensional regulations, including those relating
to density, impervious surfaces, building coverage, building height,
and setbacks in this Chapter or amendments heretofore or hereafter
enacted, where such structure was lawfully in existence prior to the
enactment of said ordinance or amendment, or prior to the application
of said ordinance or amendment to its location by reason of annexation.
Such structures include, but are not limited to, buildings, fences,
and swimming pools.
A structure without foundation or footings which is removed
when the designated time period, activity, or use for which the temporary
structure was erected has ceased.
The working place of a painter, sculptor or photographer.
A place for the study of art, including dancing, singing, acting and
music.
The division of a single lot, tract, or parcel of land into
two or more lots, tracts, or parcels of land, for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership, or building or lot development.
The subdivision by lease of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easement of
access or any residential dwelling, shall be exempted from this definition.
The Subdivision and Land Development Ordinance, Chapter 22, of Honey Brook Township, as adopted and amended from time to time.
A modification to the physical dimensions of a tower or base
station as measured from the dimensions of the tower or base station
inclusive of any modifications approved prior to the passage of the
Spectrum Act (effective February 22, 2012), if it meets any of the
following criteria:
For tower-based WCFs outside of the public rights-of-way, it
increases the height of the facility 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;
For tower-based WCFs inside the public rights-of-way, and for
all base stations, it increases the height of the facility by more
than 10% or 10 feet, whichever is greater;
For tower-based WCFs outside of the public rights-of-way, it
protrudes from the edge of the existing tower by more than 20 feet,
or more than the width of the tower structure at the level of the
appurtenance, whichever is greater;
For tower-based WCFs inside the public rights-of-way, and for
all base stations, it protrudes from the edge of the existing tower,
or wireless support structure, by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
permitted area of the existing tower-based WCF or base station;
It would defeat the existing concealment elements of the tower
or base station; or
It does not comply with conditions associated with the prior
approval of construction or modification of the tower-based WCF or
base station, unless the noncompliance is due to an increase in height,
increase in width, addition of cabinets, or new excavation that does
not exceed the corresponding "substantial change" thresholds.
That part of the precipitation that passes over the surface
of the soil.
An enclosure designed to be filled with water, permanently
constructed or portable, with sides having a depth of more than 24
inches below the level of the immediate surrounding grade, or an above-surface
pool having a depth of more than 24 inches, designed, used, and maintained
for swimming and recreation.
A retail facility, which may or may not be a part of a brewery,
microbrewery, microdistillery, or winery, that offers tastes of the
product for primarily retail sales for off-site consumption or carry-out,
but in which no on-site retail consumption is permitted unless otherwise
specifically stated. See also "public tasting."
[Added by Ord. No. 197-2019, 7/10/2019]
Any inn, tavern, restaurant, club or lodge in which alcoholic
beverages are consumed on the premises.
See "structure, temporary."
A temporary use accessory to a lawful commercial or industrial
use or a rural occupation.
Those animal and plant species identified as a threatened
or endangered species, as determined under: Endangered Species Act
of 1973, 16 U.S.C. § 1531 et seq.; Wild Resources Conservation
Act, 32 P.S. § 5301; Fish and Boat Code, 30 Pa.C.S.A. § 101
et seq.; and Game and Wildlife Code, 34 Pa.C.S.A. § 101
et seq. This also includes animal and plant species proposed for listing
as endangered and threatened, pursuant to the Endangered Species Act
of 1973, 16 U.S.C. § 1531 et seq.
The cutting, uprooting or removal of more than 20 trees of
12 inches or greater DBH from any area of woodland, whether accomplished
in a single operation or in more than one operation over three or
fewer years. The removal of trees pursuant to an approved subdivision
or land development plan or landscape plan, the removal of dead or
diseased trees, or invasive vegetation, and the cutting or removal
of trees as part of a Christmas tree farming or nursery operation
shall not be considered timber harvesting.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A plan submitted in conformance with the provisions set forth in § 27-1029 which describes, by means of text and maps, proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a professional forester.
The elevation at which rising waters begin to inundate the
floodplain. In case of ambiguous, indefinite, or nonexistent floodplain
or question regarding the location, the top of bank shall be the bankfull
water elevation as delineated by a person trained in fluvial geomorphology.
"Top of bank" shall be synonymous with "edge of water."
The organically enriched layer of soil nearest the soil surface,
containing a large part of the nutrient and water supplies to support
plant growth, extended in depth to the extent of the majority of plant
roots.
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers and monopoles. DAS hub facilities are considered to
be tower-based WCFs.
See "dwelling unit."
See definition of "lot." The term "tract" is frequently used
when referring to an existing lot that is proposed to be developed
or subdivided, but such term has no separate meaning from that of
"lot."
A lot or tract of land subject to a subdivision plan, frequently
used in distinguishing how bulk regulations apply to the original
lot versus the proposed lots being created.
A right-of-way containing a marked or beaten path, either
paved or unpaved, for pedestrians, equestrian or bicycle use.
A drawn vehicle, not self-propelled, which is permitted on
the highways when properly licensed.
The attaching of development rights to specified lands which
the Township desires to be kept undeveloped, but permitting those
rights to be severed from those lands and held by the purchaser or
transferred so that the development potential which they represent
may occur on other lands where more intensive development is deemed
to be appropriate.
TDR SENDING AREAThe zoning district in which development rights may be severed from a lot and subsequently reserved, donated, or sold for use in the TDR receiving area. For the purposes of this Chapter, the A — Agricultural District and RC — Resource Conservation District.
TDR RECEIVING AREAThe zoning districts in which an interested party may apply development rights, upon approval under the provisions of this Chapter, to a subdivision or land development proposal. For the purposes of this Chapter, the MUR — Mixed Use Residential District, the MUC — Mixed Use Commercial District, and the BI — Business Industrial District.
A use (other than a prison) providing 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:
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol.
Addiction to alcohol and/or a controlled substance.
A type of mental illness or other behavior that could cause
a person to be a threat to the physical safety of others. (For housing
of persons with other types of mental illness, see "group home.")
The extent of coverage of the uppermost layers of leaves
on a tree.
See "dripline."
An area that is radial to the trunk of a tree, in which no
construction activity, fill, grading or the storage of materials shall
occur. The tree protection zone shall be 15 feet from the trunk of
the tree to be retained or the distance from the trunk of the tree
to two feet beyond the dripline, whichever is greater. Where there
is a group of trees or woodlands, the tree protection zone shall be
the aggregate of the protection zones for the individual trees.
Buildings and land, the principal use of which is the retail
dispensing or sale of vehicular fuels for trucks, heavy equipment,
or autos, and including as permissible accessory uses the sale of
related truck or heavy equipment products and parts, the leasing of
vehicles, and/or the sale of snack food and similar grocery products,
and related convenience merchandise.
Buildings and land, the principal use of which is the service,
repair or rebuilding of trucks, recreational vehicles, farm or construction
equipment and similar items, and including as a permissible accessory
use the leasing or renting of vehicles.
See "dwelling unit."
The smaller vegetation (shrubs, seedlings, saplings, small
trees) within a forest stand, occupying the vertical zone between
the overstory and the herbaceous plants of the forest floor.
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.
One or more rooms within a building constituting an independent,
self-contained dwelling unit containing separate kitchen and bath
facilities for one family, physically separated from any other dwelling
units, and located on the second floor or higher above either a separate
commercial or institutional use located in the same structure.
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained, or occupied,
or any activity or occupation carried on, or intended to be carried
on, in a building or other structure or on a tract of land.
A permit issued by the Zoning Officer prior to the lawfully
permitted use or change in use of any structure, building or the land
thereon, in accordance with the terms of this Chapter.
A use subordinate to the principal use of land or a building
on a lot and customarily incidental thereto.
Certain specified uses which may be suitable in certain areas of a district and are allowed or denied by the Board of Supervisors after recommendation by the Planning Commission pursuant to the provisions of Part 13 of this Chapter.
Manufacturing, distribution, warehousing, processing, or
other operations of a similar nature.
A use conducted by Honey Brook Township or an authority established
by or of which the Township is a member; this use does not include
a school.
A use which does not comply with the applicable use provisions
of this Chapter, but which was lawfully in existence prior to the
enactment of this Chapter or a prior zoning ordinance.
A use that does not require approval as a use by the Zoning
Hearing Board or the Board of Supervisors.
The single dominant use or single main use on a lot.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact pursuant to the provisions of Part 14 of this Chapter, and provided the Zoning Hearing Board finds that the use complies with the conditions and standards required by this Chapter.
See "Public service facilities."
Relief granted from the terms of this Chapter, pursuant to the provisions of Part 14 of this Chapter and Articles VI and IX of the Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
A single-bodied motor vehicle exceeding a manufacturer's
gross vehicle weight rating (GVWR) of 26,001 pounds or having more
than one rear axle; or a trailer, tanker or other device having a
GVWR of 10,000 pounds or greater and designed to be towed behind a
vehicle. In addition, the following vehicles, regardless of gross
vehicle weight rating, shall be deemed to be commercial vehicles:
tractor truck or tractor trailer/semitrailer or tractor truck/trailer
combination, solid waste collection vehicle, concrete mixer truck,
towing and recovery vehicle, heavy construction equipment, including
bulldozers, and any vehicle carrying commercial freight in plain view.
[Amended by Ord. No. 197-2019, 7/10/2019]
See "wind energy system."
A medical facility specializing in the treatment of injury
or disease afflicting animals, especially domestic animals and household
pets, and the boarding of animals is limited to short-term care incidental
to the hospital use. Such use may accommodate the boarding of animals
that are not patients. Such use may not accommodate the breeding of
animals.
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 by Ord. No. 197-2019, 7/10/2019]
Any place designed or maintained for public pedestrian use,
without regard to ownership.
See definition of "fence or wall."
A building used for the temporary storage of goods and materials,
generally for subsequent distribution to other locations and not involving
retail activities.
Any natural or man-made pond, lake, wetland, impoundment,
or watercourse. This shall not include any pond or facility designed
and constructed solely to contain stormwater, or a swimming pool.
The use of naturally occurring water when: (A) 5,000 gallons
or more of such water is used on site per day; or (B) 5,000 gallons
or more of such water is transported for use off site. "Naturally
occurring water" shall mean any and all water above and below the
ground surface.
INDIVIDUAL SYSTEMA safe, healthful, and adequate supply of water to a single user from a private well or spring located on the land of the user.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development. Such system shall comply fully with all applicable requirements of the commonwealth. The water supply source may be located on-site and/or off-site. A central system can be further described as either of the following:
PUBLIC WATER SUPPLY SYSTEMA system which is owned by a public utility or municipality which has at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days per year. The term includes: (a) any collection, treatment, storage, and distribution facilities that are under the control of the operator and used in connection with the system; (b) collection or pretreatment storage facilities not under control of the operator but which are used in connection with the system; (c) a system which provides water for bottling or bulk hauling for human consumption.
COMMUNITY WATER SUPPLY SYSTEMA system which is owned by a municipality, a public company, or a private company and which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
Any channel of conveyance of surface water having a defined
bed and banks, such as a stream, river, brook, or creek, whether natural
or artificial, with perennial, intermittent or seasonal flow. This
shall not include any channel or ditch designed and constructed solely
to carry stormwater.
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, lakes, and similar areas. Wetlands shall include any
area so delineated by the National Wetlands Inventory of the U.S.
Fish and Wildlife Service and all lands regulated as wetlands by the
Pennsylvania Department of Environmental Protection (PADEP) or the
U.S. Army Corps of Engineers (ACE). In the event there is a conflict
between the definitions of these agencies, the more restrictive definition
that defines the wetlands most expansively shall apply.
A use of land and buildings by individual farmers and growers'
cooperatives to display, market, and sell, through the help of a professional
auctioneer, agricultural produce and other nonperishable products
grown or made on area farms to wholesale buyers that transport purchased
products throughout the region or to neighboring states. Such auctions
do not involve sales of farm products directly to the consumer.
The processing, treating, packaging, transporting or storing
of agricultural and dairy products, but excluding auctions.
The processing of materials so as to sort out which finished
goods are to be transported to different locations and the loading
and unloading of such goods. This use usually involves inventory control,
material handling, order administration, packaging, and transportation;
trucking terminal.
A use characterized by the preservation or restoration of
a lot in a natural state to promote and protect wildlife. A wildlife
sanctuary may have accessory structures, to include parking areas,
designed to allow accessibility to humans and to provide for incidental
educational purposes. Any building erected for human habitation shall
meet the requirements for a single-family detached dwelling in the
zoning district in which it is located.
An energy conversion system, typically consisting of a wind
turbine, a tower, blades and associated controls and appurtenances
(including electrical infrastructure and transmission lines), that
convert wind energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user, and/or which is to
be sold to a utility company to be used by others, and/or sold directly
to other users. Wind energy systems include windmills where the energy
is used directly and not converted into electricity.
The distance measured from the ground surface of the wind
energy system tower base to the highest point of the extended blade
tip or the highest point of the wind energy system.
A facility comprising the building or buildings used to convert
fruit juices (all or part of which are produced on the property) or
honey to wine, and to age, bottle, store, distribute and sell said
wine. A winery, for the purposes of this chapter, includes crushing,
fermenting and refermenting, bottling, blending, bulk and bottle storage,
aging, shipping, receiving, laboratory equipment and maintenance facilities,
sales, and administrative office functions.
[Amended by Ord. No. 197-2019, 7/10/2019]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennae, 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. Not included are noncommercial antennas
and towers (as defined).
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Township-owned land or property.
The vertical distance measured from the base of a wireless
communications facility support structure at the undisturbed grade
to the highest point of the structure. If the wireless communications
facility support structure is on a sloped grade, the average between
the highest and lowest grades shall be used in calculating the height.
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.
A large branchy tree that occupies more space in the forest
than similar trees of the same diameter. Wolf trees may have high
wildlife and aesthetic value but little, if any, timber value.
A plant community covering an area of one acre or more, in
which tree species are dominant or codominant and the branches of
the trees form a complete, or nearly complete aerial canopy. The extent
of any woodland plant community or any part thereof shall be measured
from the outermost dripline of all the trees in such plant community.
Woodland shall include any area where timber has been harvested within
the previous three years and/or woodland disturbance has occurred
within the previous three years which would have met the definition
of woodland prior to timbering or disturbance. Woodlands do not include
orchards or old fields. A woodland may also be termed a "forest."
Any activity which alters the existing structure of a woodland.
Alterations include the cutting or removal of canopy trees, subcanopy
trees, understory shrubs and vines, woody and herbaceous woodland
floor species as well as the removal of humus or duff from the ground;
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland;
Woodland disturbance does not include the following:
Generally, housing that is affordable to working households
that do not qualify for publicly subsidized housing, but that cannot
afford appropriate market-rate housing in their community. Specifically,
workforce housing is that which is affordable to working households
between 81% and 120% of area medium income. Using Honey Brook Township's
median household income from the 2012-2016 ACS Estimates of $60,490,
the range would be between $48,392 and $72,588.
An open space on the same lot with a building or group of
buildings measured from specified lot lines which restricts the locations
of buildings and structures and which is required to be unoccupied
and unobstructed from the ground upward, except as herein permitted.
A line drawn parallel to the corresponding lot line at a
distance specified for the required depth of yard in each respective
case.
A yard extending the full width of the lot, parallel to the
front lot line, and extending in depth from the front lot line to
the nearest point of any part of the principal structure on the lot.
The minimum depth of a front yard shall be as measured from the ultimate
right-of-way to any existing or proposed street.
[Amended by Ord. No. 197-2019, 7/10/2019]
A yard extending the full width of the lot, parallel to the
rear lot line, and extending in depth from the rear lot line to the
nearest point of any part of a principal structure on the lot.
[Amended by Ord. No. 197-2019, 7/10/2019]
A yard extending from the front yard to the rear yard measured
parallel to each side lot line.
The basic system of zoning, which, under this Chapter, as
amended, divides all land in the Township into separate, distinct
zones, and sets limits and requirements for land use in each of these
zones. These zones are a geographically definable area possessing
a significant concentration, linkage, or continuity of sites, buildings,
structures, or objects for the purpose of establishing zoning regulations.
The Zoning Hearing Board of Honey Brook Township, Chester
County, Pennsylvania.
A map of Honey Brook Township indicating the location of
boundaries for each zoning district.
The Township officer charged with enforcing the literal terms
of this Chapter, and the representative agent of the Zoning Hearing
Board.
The Zoning Ordinance of Honey Brook Township, as adopted
and amended from time to time. For the purposes of this Chapter, the
words "this Chapter" shall refer to the Zoning Ordinance of Honey
Brook Township, as adopted and amended from time to time.
An approval statement signed by the Zoning Officer authorizing
the erection, construction, reconstruction, structural alteration,
restoration, demolition, moving, or razing of all or a part of any
building, or use of land, within the Township, pursuant to the requirements
of this chapter. See also "building permit" and "use and occupancy
permit."
[Added by Ord. No. 197-2019, 7/10/2019]
