Interpretation of terms. The following rules of construction
and interpretation shall be used in this chapter.
A.
The word "lot" shall be construed to include the words "plot" or
"parcel."
B.
The words "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended," "arranged," or
"designed to be" prior to the word or phrase "used" or "occupied."
C.
The words "building or structure" shall be construed as if followed
by the words "or parts thereof."
D.
Words in the singular may imply the plural, and the plural may imply
the singular.
E.
Words in the present tense may imply the future tense.
F.
The masculine gender includes the feminine and neuter.
G.
The word "person" shall be construed to include a partnership, corporation,
association, trust, estate, or any legally recognized entity as well
as the officers of any corporation and the members of any partnership.
H.
The word "shall" is mandatory; "should" and "may" are advisory.
I.
References to ordinances, codes, rules, regulations, plans, maps,
governmental bodies, commissions, and agencies apply to ordinances,
codes, rules, regulations, plans, maps, governmental bodies, commissions,
and agencies of the Township or the Commonwealth of Pennsylvania,
as the case may be, unless the context indicates that another reference
is intended.
J.
All words and phrases shall have their common meanings unless the
context indicates otherwise, or where such meanings as taken literally
would be inconsistent with the intended meaning within the context
of the section or where a more specific interpretation is included
in the Pennsylvania Municipalities Planning Code.
K.
Common terms are grouped alphabetically according to their root word.
As used in this chapter, the following terms shall have the
corresponding meanings set forth in this section:
The relinquishment of a use without the manifest intention
to resume it.[1]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.[2]
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams or girders,
as well as any change in exterior doors or windows, or any enlargement
to or diminution of a building or structure, whether horizontally
or vertically, or moving of a building or structure from one location
to another.[3]
A landowner or developer, as herein defined, who has filed
an application for subdivision, land development or other development,
including his heirs, successors and assigns or the equitable owner
of property with the owner's permission.
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.[4]
The portion of a total tract that results after all existing
and proposed road and utility rights-of-way are deducted.
Any area of the building having floor below its ground level
on all sides.[5]
A sign that directs attention to a business, commodity, service
or entertainment not conducted, sold or offered upon the premises
where the sign is located.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to the continuity of development.
The Board of Supervisors of the Township of Newlin, Chester
County, Pennsylvania.
An area that provides year-round visual isolation and/or
sound attenuation between uses, through such means as vegetative plantings,
earthen berms, depressions, fences, walls, etc.
Any permanent structure having enclosed walls and roof, including
manufactured homes and trailers used for human habitation.
The ratio of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located.
The vertical measurement of a building from the mean level
of finished grade surrounding the building, to the highest point of
the roof, excluding the chimney and/or mechanical equipment above
the roof.
A line which designates the minimum distance between any
building or structure and the adjacent street right-of-way or property
line, as measured horizontally and at a right angle from any point
formed by the intersection of a vertical building wall with the ground,
to the street right-of-way or property line, whichever is closer.
This line shall include patios, and covered porches, but not open
steps.
FRONT YARD BUILDING SETBACK LINEThe line parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard as designated in Chapter 240, Zoning, also referred to as "required front yard." All yards adjacent to a public or private street right-of-way shall be considered to be front yards.
SIDE YARD BUILDING SETBACK LINEThe line parallel to the side lot line and equal to the minimum depth of the side yard as designated in Chapter 240, Zoning, also referred to as "required side yard."
REAR YARD BUILDING SETBACK LINEThe line parallel to the rear lot line and equal to the minimum depth of the rear yard as designated in Chapter 240, Zoning, also referred to as "required rear yard."
A structure that is subordinate to the principal building
on a lot and used for purposes customarily incidental to those of
the principal building.
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.[6]
The paved portion of a street or right-of-way intended for
vehicular use.[7]
An area of unobstructed vision at a street intersection,
defined by lines of sight between points at a given distance from
the intersection down the center lines of the street.[8]
A use of land, or improvements thereto, for the purpose of
engaging in retail, wholesale or service activities for profit.[9]
A sewage disposal facility designed to serve a specific number
of users in a particular development and which is permitted by the
Pennsylvania Department of Environmental Protection and the Chester
County Health Department, but which shall not include experimental
permitting, and which is owned and operated by a private entity which
may include a PUC-chartered entity limited to serve the particular
development.
A potable water supply facility designed to serve a specific
number of users in a particular development and which is permitted
by the Pennsylvania Department of Environmental Protection and the
Chester County Health Department, and which is owned and operated
by a private entity which may include a PUC-chartered entity limited
to serve the particular development.[10]
The Newlin Township Comprehensive Plan of 1996, or subsequently
adopted and updated Comprehensive Plan of the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An undeveloped, privately owned lot comprising part of an
area of open land.
Natural features of the highest importance, including the
one-hundred-year floodplains, wetlands, and slopes over 25%.
Natural and cultural resources that are identified by an
applicant for land development in consultation with the Newlin Township
Planning Commission according to the procedures identified in this
chapter and which do not include primary conservation areas.
Areas within a development site that are identified as containing
significant environmental features and on which development is prohibited.
The sum of land features, each of which is multiplied by
a density factor set forth in this chapter.
The erection, rebuilding, renovation, repair, extension,
expansion, alteration, demolition, or relocation of a building or
structure, including the placement of mobile homes.[11]
An alteration of an existing building, structure or land
to a new use which imposes other special provisions of a law governing
building construction, equipment, exits or zoning regulations.
The subdivision of a single-family detached dwelling into
two or more dwelling units.
A single access street intersecting another street at one
end and terminated at the other by a vehicular turnaround, built to
Newlin Township public street standards for vehicular traffic flow.[12]
The Department of Health of the Commonwealth of Pennsylvania
or of Chester County, or their representative having jurisdiction
in Newlin Township.
Any landowner, agent of such landowner, tenant with permission
of such landowner, or equitable owner, who makes or causes to be made
an application for a subdivision or land development. Also "applicant."
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities.
The diameter of a tree trunk measured at a point halfway
between grade and knee height.[13]
The movement of water from an area by stream or sheet flow
and removal of excess water from soil by downward flow.
Any building or other structure designed for, and occupied
exclusively for, residential purposes, including an apartment and
mobile home, but excluding rental units in a motel, rooming house,
tourist home, institutional home, dormitory, and the like. It is the
intention to include within the definition of dwelling, all recognized
housing types, architectural types or styles, or combinations thereof,
whether such housing units are for lease or for sale. Dwelling types
include, but are not limited to, the following:
SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence, containing one set of cooking, sleeping and bathroom facilities and having no common or party wall with an adjacent dwelling, and having yards on all sides. Where a private garage is structurally attached to such building, it shall be considered as a part of the building.
SINGLE-FAMILY SEMI-DETACHED (TWIN)A building designed for and occupied exclusively as a residence, containing two individual dwellings separated by a vertical common or party wall and having yards on all but one side.
DUPLEXA building designed for and occupied exclusively as a residence, containing two dwellings, in an over and under arrangement, separated by a horizontal common or party wall and having yards on all sides.
SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building designed for and occupied exclusively as a residence, containing at least three but not more than eight dwellings each accommodating one family and which are attached by a vertical common party wall and which have side yards adjacent to each end unit.
MULTIFAMILYA building designed for and occupied exclusively as a residence, containing three or more dwellings, but which does not meet the definition of a "townhouse."
A single living space for one family, excluding individual
rental units in a motel, rooming house, tourist home, institutional
home, dormitory, and the like.
An interest in land owned by a person who does not own fee
title to the land, which entitles the holder of the easement to a
specific use or enjoyment of the land.
A voluntarily derived set of use restrictions placed on a
parcel of land in perpetuity, through which no positive or appurtenant
rights are conveyed to the grantee.[14]
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.[15]
A professional engineer, licensed by the Commonwealth of
Pennsylvania, and duly appointed as the Engineer for the Township
of Newlin, Chester County.
Those areas of land the disturbance of which would contribute significantly to the degradation of environmental conditions or amenities. Environmentally sensitive areas include (but are not limited to) the natural resources identified in § 240-15C (Table 2) of Chapter 240, Zoning, of the Code of the Township of Newlin.
The process by which soils, vegetation, and man-made materials
on the earth's surface are worn away by action of water, wind, frost
or a combination of such by natural forces.[16]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the Township.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Includes the following:
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 border, roomer,
or lodger;
The occupants of a group home; or
Not more than four unrelated persons occupying a dwelling unit,
living together, excluding a rooming or boarding house, fraternity
house, dormitory, or transitional housing.
Any freestanding and uninhabited structure erected to secure
or divide a property from another, or part of a property from the
remaining part of the same property.
Material, exclusive of structures, placed or deposited so
as to form an embankment or to raise the surface elevation of the
land.
The length of a front lot line coinciding with a street line.[18]
Lands permanently protected as conservation areas by a perpetual
easement that complies with Section 170(h) of the Federal Internal
Revenue Code of 1986, as amended.
That portion of a tract that is set aside for the protection
of sensitive natural resources, farmland, scenic views, and other
unique features.
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.[19]
Any structure, parcel, or site that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
Certified or preliminary 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 that 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:
Any building, site or parcel identified as having historic or
cultural value in either the Chester County Newlin Township Historic
Resource Atlas of 2010, the Unionville Area Regional Comprehensive
Plan Chapter 4 of 2011 or the Newlin Township Open Space, Recreation
and Environmental Resources Plan of 1994, and all locations listed
in the National Register of Historic Places.[20]
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.[21]
Areas or materials, such as buildings, structures, and paved
areas, which are impenetrable by liquid and that are incapable of
allowing groundwater recharge or absorbing precipitation and liquids.
Vehicle trips generated for a particular size and type of
land use published by the Institute of Transportation Engineers, ITE
Trip Generation Manual, latest edition.[22]
A building or group of buildings in which are located facilities
for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
Includes any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants; or
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.
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 that 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.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
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. (Also see "screen or landscape
screen.")[23]
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, excluding any area within a public street
right-of-way.
The area contained within the lot lines of an individual
parcel, excluding any street and railroad rights-of-way and common
open space.
The ratio of the total ground floor area of all impervious
surfaces to the total area of the lot on which they are located.
A property boundary line of any lot held in single and separate
ownership exclusive of a street right-of-way. When a recorded lot
includes a lot line that is coincident with a street center line,
the lot line shall be construed to be coincident with the right-of-way
line instead.
A dimension from a lot line to which a structure shall abut.
The lot line abutting and coinciding with a 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 and the remaining lots
shall be deemed to be rear yard lines.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
possible distance from the front lot line. In the case of a corner
lot, see "yard, front."
Any lot line not a front or rear lot line.
The distance between the two opposite side lot lines, or
between the rear lot line and the front lot line in the case of a
corner lot, measured at the minimum front yard setback line, and parallel
to the street line.
A lot bounded by two or more intersecting streets, or at
the point of change in direction of a single street when the interior
angle of which is not greater than 135°.[24]
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.[25]
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. Also includes park trailers, travel
trailers, recreational and similar vehicles that are placed on a site
for more than 180 consecutive days.[26]
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more manufactured or mobile home lots for nontransient
use.[27]
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site, designed and intended
for the use and enjoyment by residents of such development. Common
open space shall be substantially free of structures, but may contain
such improvements as are in the finally approved development plan,
and shall not include individually owned private yards, streets, and
off-street parking areas unless provided in conjunction with a recreational
facility.
The Newlin Township Open Space, Recreation and Environmental
Resources Plan of 1994.[28]
A space located off the public right-of-way designed and
designated for the transient storage of a motor vehicle.[29]
A final plan showing actual and correct dimensions and locations
of all streets, structures, improvements, and other constructed improvements.
A plan showing how natural resources will be preserved and
protected from erosion, deforestation, and other damage.
A plan submitted as part of a preliminary and/or final subdivision
or land development plan application, which includes a natural features
inventory and analysis, conservation areas, and man-made features.
A drawing submitted to the Township for review and discussion
prior to the application for preliminary plan approval, indicating
the general location of a site's prominent environmental features
including tree masses, scenic vistas, historic elements, and conceptual
layout of a subdivision or land development. Sketch plans are voluntarily
prepared and do not constitute an application for a plan approval.
A calculation and drawing that establishes a theoretical conceptual maximum development density of a particular parcel, which reflects a realistic layout that shows a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, easements, areas for utilities, and any other site elements required in Chapter 240, Zoning, or this chapter. The yield plan is not to be considered a preliminary plan.
The Planning Commission of Newlin Township.
A wall, fence, plantings, earth works, or combinations thereof,
which are arranged or placed so as to divert attention from and obstruct
at least 50% of an otherwise clear view of an use or activity during
all seasons of the year, as outlined by this chapter.
The map or plan of a subdivision of land, whether preliminary
or final.
The final plat, or engineering layout of streets and lots,
easements, common open space and public grounds, which has been duly
approved by all necessary officials and bodies, and recorded in the
Office of the Recorder of Deeds of Chester County.
Portions of a site or parcel that are appropriate for development
and which are exclusive of conservation areas.
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.[30]
Areas within a site that contain sensitive environmental
conditions that are to be protected, fully or partially, from development.
Includes parks, playgrounds and other public areas, and the
sites for schools, sewage treatment, refuse disposal and other publicly
owned or operated facilities.
A formal meeting held pursuant to public notice by the governing
body, intended to inform and obtain public comment prior to taking
action.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (October 15, 1998, P.L. 729, No. 93), known as the "Sunshine
Act."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice published once each week for two successive weeks
in a newspaper of general circulation in Newlin Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall be
not less than seven days from the date of the hearing.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and repeater stations; and all other facilities, equipment and structures
necessary for conducting a service by a government or a public utility.[31]
Land reserved or dedicated for use as a street, alley, walkway,
or any other public or private purpose.
The right-of-way deemed appropriate to provide adequate width
for future street improvements.
The existing right-of-way of dedicated streets as established
by the Commonwealth of Pennsylvania or other appropriate governing
authority.[32]
Vegetative materials such as shrubs and trees (which may
incorporate a berm) that shall grow to form a continuously opaque
six-foot tall visual barrier within five years of planting.[33]
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited it is usually referred to as "sediment"[34]
The minimum building line measured along a line parallel
to a lot line.
Any substance that contains any of the waste products or
excrement matter or other discharge from the bodies of human beings
or animals and laundry, bathroom, and kitchen wastewater.
Includes the following:
INDIVIDUALThe disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Chester County Health Department.
CENTRAL/COMMUNITY COLLECTION AND TREATMENT (CENTRALIZED)A sanitary sewage system which carries sewage from individual sources by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.
PUBLIC SEWER SYSTEM (CENTRALIZED)An off-site system for collection, treatment, and disposal of sewage in which sewage is conveyed to a common treatment facility, and disposed through means and approved by the Pennsylvania Department of Environmental Protection.
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, as defined by the Pennsylvania Department
of Transportation.
The ownership of property by any person, partnership, or
corporation, in which ownership is separate and distinct from that
of any adjoining property.
Measures taken following completion of land disturbance activities
that will stabilize the land surface and minimize possible erosion
or sedimentation.
Areas subject to periodic flooding as listed in the Soil
Survey of Chester and Delaware Counties, Pennsylvania, U.S. Department
of Agriculture, Soil Conservation Service,[36] May 1963.
Those areas of land where the grade is 25% or greater.
The keeping of new or used products, merchandise, materials,
equipment or vehicles for a continuous period greater than eight hours.
Excluded from this definition are the following:
The keeping of goods or materials for present or future use
in an area unprotected from the elements.
Any precipitation, but usually rainfall, which is sufficient
to flow on any natural or impervious surface creating erosion and
sedimentation; frequently termed "runoff."
The management and/or control of stormwater, erosion and sedimentation through the implementation of controls as required by either this chapter or Chapter 170, Stormwater Management.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A public (dedicated) or private (undedicated) right-of-way
intended for use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. The word "street" includes
thoroughfare, avenue, boulevard, court, drive, expressway, highway,
lane, alley, road, or similar terms. Streets are classified in the
Newlin Township Comprehensive Plan as:
LOCAL STREETThose streets used primarily to provide access to abutting properties.
MINOR COLLECTOR STREETThose streets which, in addition to giving limited access to abutting properties, intercept local or collector streets, carry considerable volumes of traffic to community facilities and to major traffic arteries.
MAJOR COLLECTOR STREETThose streets serving large volumes of comparatively high-speed and long distance traffic and includes facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
LANEA street serving a single development.
The legal right-of-way line of a street dividing a lot from
the boundary of a public or officially plotted street.
A line which is an equal distance from both street lines
unless officially designated otherwise.
A lane not deeded or dedicated to the Township.
A public thoroughfare that has been dedicated, deeded and
accepted by the Township and which affords the principal means of
access to abutting property.
A street which has access to an existing public road and
circulation system only at one point. A single-access street includes
culs-de-sac, loop roads, and dead-end streets.[39]
Anything constructed or erected on or attached to the ground,
including, but not limited to, buildings, sheds, manufactured homes,
and other similar items.[40]
The division or redivision of a lot, tract or parcel of land
by any means, into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street, easement of access or residential dwellings shall be exempted.
The Subdivision and Land Development Ordinance of Newlin
Township, as adopted and amended from time to time.[41]
Water from precipitation that passes over the surface of
the ground.[42]
Natural and friable loam containing sufficient nitrogen,
phosphorus, and potassium to support plant growth and extending in
depth to the extent of penetration of feeder roots of the prevailing
native grasses.
The Township of Newlin, Chester County, Pennsylvania.[43]
The total amount of land within a lot or parcel.
A right-of-way containing a marked or beaten path, either
paved or unpaved, for pedestrians, equestrian or bicycle use.
A vehicle that is not self propelled, which is permitted
on the highways when properly licensed.[44]
A line on the ground representing the horizontal outer edges
of the branches of a tree.[45]
An area that is radial to the trunk of a tree in which no
construction activity shall occur. For the purposes of this chapter,
the tree protection zone shall be 15 feet from the trunk of any tree
to be retained, or the distance from the trunk to 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
individual trees.
Cultivated lawn grasses capable of being mowed to form a
dense matting of roots and stems, other than the native, wild grasses
or weeds.[46]
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business, or operation carried on in
a building or other structure on a tract of land.[47]
Any place designed or maintained for public pedestrian use,
without regard to ownership.
Includes the following:
INDIVIDUALA supply of water to a single use or dwelling from a private well or spring located on the lot in which the use is located and which does not fall under the definition of "community" water supply.
COMMUNITYA system for supplying water from a common source or sources to more than one dwelling and other buildings within a development. The water supply source may be located on-site or off-site and may be publicly or privately owned.
PUBLICA system for supplying water in sufficient quantities to more than one dwelling or other buildings of a development, which is administered by a municipal authority or by a municipality or public utility as defined and regulated by the Pennsylvania Public Utility Commission.
The upper surface of a zone of saturation, except where that
surface is formed by an impermeable body.
A stream, creek, run, or other body of running water with
a defined bed and banks in which water flows in a definite direction
or course, either continuously or intermittently, as depicted on the
most current edition of the applicable U.S.G.S. Quadrangle Map.
Any and all rivers, streams, creeks, lakes, rivulets, dammed
water, ponds, springs, and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of the Commonwealth of Pennsylvania.
Those areas that are inundated and saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection, as amended, shall be considered
a wetland for the purposes of this chapter. In the event the definition
of a wetland accepted by the U.S. Army Corps of Engineers conflicts
with the definition of a wetland accepted by the Pennsylvania Department
of Environmental Protection, the more restrictive definition shall
apply.[48]
A plant community predominantly of healthy trees and other
woody vegetation, well stocked and growing more or less closely together.
Specifically, woodlands consist of one-quarter acre or more of continuous
wooded land where the largest trees measure at least six inches diameter.
The woodland shall be measured from the dripline of the outer trees.
Woodlands are also a grove of trees forming one canopy where 10 or
more trees measure at least six inches diameter.
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land, prepared by a
qualified individual with demonstrable expertise in forest management,
and documenting measures to be taken to: protect water quality; minimize
impacts from skid trails and logging roads, land areas, and the tree
removal process; and ensure site restoration.
An open area around the periphery of a lot; a yard extends
inward from and parallel to lot lines and street lines, and is measured
as a distance perpendicular to lot and street lines.
The required open space between the front set back line and
the street right-of-way line projected along the full width of the
lot. In the case of a corner lot, the yards extending along all streets
shall be deemed to be front yards and the remaining yards shall be
rear yards.
The required open space extending the full width of the lot
along the rear lot line at a specified depth from such rear lot line.
The required open space extending the full depth of the lot
along a side lot line extending a specified depth from such side lot
line.
The conceptual calculation for a particular site that results
after all protected areas are deducted from the gross site area.
[2]
Editor's Note: The former definitions of "adaptive reuse," "adjusted tract area," "administrative office," "agricultural related business," "agriculture, intensive," "agriculture, nonintensive," and "airport, personal use," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The former definitions of "animal hospital/veterinary office," "antenna height, " "antenna support structure, " "antenna, commercial communications, " "antenna, microwave dish," and "antenna, radio or television," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9]
Editor's Note: The former definitions of "commercial communications antenna," "commercial communications antenna support structure," "commercial communications antenna support structure height," "commercial piggery," and "commercial use, neighborhood," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[17]
Editor's Note: The former definitions of "flood elevation, base," "flood elevation, regulatory," "flood fringe," "floodplain area - (also identified floodplain area)," "floodplain soils," "floodplain, approximated," "flood, one-hundred-year," "flood, base," "floodproofing," "floodway," "floodway," "floor area, gross," "floor area, gross usable," "floor area, habitable," and "forestry," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[27]
Editor's Note: The former definitions of "municipal use," "new construction," "nonconforming lot, " "nonconforming sign," "nonconforming structure, " "nonconforming use," "nursery," and "nursing home or convalescent home," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[31]
Editor's Note: The former definitions of "public use," "quarrying/mining," "recreation use, indoor," "recreation, active," "recreation, outdoor," "recreation, passive," "recreational vehicle," "recycling center," "reforestation," "religious use," "rental unit," "restaurant," "retail services," and "retail store/trade," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[36]
Editor's Note: The Soil Conservation Service is now the Natural
Resources Conservation Service.
[37]
Editor's Note: The Soil Conservation Service is now the Natural
Resources Conservation Service.
