The following terms shall have the corresponding meanings:
ABANDONMENT
The relinquishment of a use without the manifest intention
to resume it.
ACCESSORY DWELLING UNIT
A self-contained dwelling unit that results from either the
conversion of an existing building to a dwelling unit, the creation
of a separate unit within part of an existing single-family dwelling
unit, or the construction of a new unit. The unit shall be complete
with food preparation and bathroom facilities, shall have direct access
to the outdoors and shall be accessory to the existing dwelling on
the property. An accessory dwelling unit shall be limited to lots
in the FR District, as opposed to an accessory farm dwelling unit
which is permitted in the AP District.
[Added 3-20-2017 by Ord.
No. 2017-01]
ACCESSORY FARM DWELLING UNIT
A self-contained dwelling unit that results from either the
conversion of an existing building to a dwelling unit, the creation
of a separate unit within part of an existing single-family dwelling
unit, or the construction of a new unit. The unit shall be complete
with food preparation and bathroom facilities, shall have direct access
to the outdoors and shall be accessory to the existing dwelling on
the property. All individuals living in the accessory dwelling unit
must be persons employed on the property or related by blood, marriage
or legal adoption to the owner of the property or such employed persons.
An accessory farm dwelling unit shall be limited to lots in the AP
Agricultural Preservation District, as opposed to an accessory dwelling
unit, which is permitted in the FR District.
[Added 3-20-2017 by Ord.
No. 2017-01]
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
ADAPTIVE REUSE
The development of a new use for a building originally designed
or used for another purpose.
ADMINISTRATIVE OFFICE
An establishment primarily engaged in management and general
administrative functions, such as executive, personnel, finance, and
sales activities.
AGRICULTURAL OPERATIONS
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
[Added 3-20-2017 by Ord.
No. 2017-01]
AGRICULTURAL-RELATED BUSINESS
An establishment primarily engaged in the following activities:
soil preparation services, crop services, landscaping, horticultural
services, large-animal veterinary or other animal services, farm labor
and management services, feed, seed and fertilizer stores, sale and
repair of farm machinery and farm vehicles, stables, aquaculture,
or apiaries.
AIRPORT, PERSONAL USE
An area for landing and take-off of aircraft (including ultra-lights
and balloons, but not including helicopters) which is restricted solely
for noncommercial use, is not conducted for financial return, and
at which commercial flight operations are not conducted.
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
ALTERATION
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.
ANIMAL HOSPITAL/VETERINARY OFFICE
A place where animals or pets are given medical or surgical
treatment and where the boarding of animals is limited to short-term
care incidental to the hospital use.
ANTENNA, MICROWAVE DISH
A parabolic earth-based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish antenna," used or intended to receive microwaves, radio
waves, or electromagnetic waves from an overhead satellite.
ANTENNA, RADIO OR TELEVISION
A device, either freestanding or attached to a building,
used for receiving frequency signals, including television and radio
antennae and which is not used for commercial purposes. Such devices
shall also include ham and citizen band radio antennas used by amateur
radio operators.
APPLICANT
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.
APPLICATION FOR DEVELOPMENT
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.
AQUACULTURE
The controlled cultivation of aquatic plant and animal species.
BASE SITE AREA
The portion of a total tract that results after all existing
and proposed road and utility rights-of-way are deducted.
BASEMENT
Any area of the building having floor its below ground level
on all sides.
BED-AND-BREAKFAST
A building occupied by a resident innkeeper containing eight
or fewer guest rooms for the temporary lodging of guests for compensation
and providing to the guests such lodging services as housekeeper service
and accessory eating and drinking facilities limited to the serving
of breakfast.
BILLBOARD
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.
BLOCK
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.
BUFFER
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.
BUILDING
Any permanent structure having enclosed walls and roof, including
manufactured homes and trailers used for human habitation.
BUILDING COVERAGE
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.
BUILDING HEIGHT
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.
BUILDING SETBACK LINE
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.
A.
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 this chapter, 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.
B.
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 this chapter, also referred to as "required side yard."
C.
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 this chapter, also referred to as "required rear yard."
BUILDING, ACCESSORY
A structure that is subordinate to the principal building
on a lot and used for purposes customarily incidental to those of
the principal building.
BUILDING, PRINCIPAL
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.
BULK REGULATIONS
Standards that control the height, density, intensity and
location of structures, i.e., setbacks or yard requirements.
BUSINESS OFFICE
An office where a particular kind of business is transacted
or a service is supplied and shall be limited to offices for management,
consulting, record keeping, and clerical work of a commercial, industrial,
mercantile, or service enterprise.
CALIPER
The diameter of a tree trunk measured at a point six inches
above ground level if the resultant measurement is not more than four
inches. If more than four inches, the measurement shall be made at
a point 12 inches above ground level.
CARTWAY
The paved portion of a street or right-of-way intended for
vehicular use.
CELL SITE
A tract or parcel of land that contains the commercial communication
antenna, its support structure, accessory buildings, and parking,
and may include other uses associated with and ancillary to commercial
communication transmission.
CEMETERY
Land used or intended for the burial of the dead, including
mausoleums and mortuaries when operated in conjunction with the cemetery
and within its boundaries.
CLEAR CUTTING
The felling of all trees on a tract of land or any portion
thereof at one time.
CLEAR SIGHT TRIANGLE
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.
CLUB or LODGE
A building utilized as a private club or social organization
offering restaurant or bar privileges for members.
COMMERCIAL
A use of land, or improvements thereto, for the purpose of
engaging in retail, wholesale or service activities for profit.
COMMERCIAL EQUINE ACTIVITY
Any of the following activities involving horses or other
equines offered to the public and done in exchange for money and/or
services:
[Added 10-13-2014 by Ord.
No. 2014-01; amended 9-12-2016 by Ord. No. 2016-02]
B.
Lessons in handling, riding or driving, including group lessons
and clinics; and/or
C.
Training of equines; and/or
COMMERCIAL USE, NEIGHBORHOOD
Commercial uses, located in Embreeville and Mortonville Villages,
intended primarily for the use of local residents. Neighborhood commercial
uses include retail businesses for the sale of food, drugs, flowers,
household goods, newspapers, stationary, art supplies, fine art sales,
and tobacco; and personal service uses, including barbershops or beauty
shops, tailor shop, photographic studios, shoe repair, and similar
types of businesses, but shall not include convenience stores as defined
elsewhere in this chapter.
COMMUNITY WASTEWATER TREATMENT SYSTEM
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.
COMMUNITY WATER TREATMENT SYSTEM
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.
COMPLETELY DRY SPACE
A space that will remain totally dry during flooding, which
is designed to prevent the passage of water and water vapor.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
An agricultural operation that meets the criteria established
by the United States Department of Environmental Protection under
the authority of the Act of June 22, 1937 (P.L. 1987, No. 394), known
as "The Clean Streams Law," as amended from time to time.
[Added 3-20-2017 by Ord.
No. 2017-01]
CONCENTRATED ANIMAL OPERATION (CAO)
An agricultural operation that meets the criteria established
under the authority of the act of July 6, 2005 (P.L. 112, No. 387),
known as the Nutrient Management Act, as amended from time to time.
[Added 3-20-2017 by Ord.
No. 2017-01]
CONSERVANCY LOT
An undeveloped, privately owned lot comprising part of an
area of open land.
CONSERVATION AREAS, PRIMARY
Natural features of the highest importance, including the
one-hundred-year floodplains, wetlands and slopes over 20%.
CONSERVATION AREAS, SECONDARY
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 Chapter
185, Subdivision and Land Development, and which do not include primary conservation areas.
CONSERVATION LANDS
Areas within a development site that are identified as containing
significant environmental features and on which development is prohibited.
CONSTRAINED LAND
The sum of land features, each of which is multiplied by
a density factor set forth in this chapter.
CONSTRUCTION
The erection, rebuilding, renovation, repair, extension,
expansion, alteration, demolition, or relocation of a building or
structure, including the placement of mobile homes.
CONVENIENCE STORE
A retail activity designed to serve a local market which
involves, but is not limited to, any of the following uses: delicatessen,
food market, sales of automotive fuel, or video tape rental.
CONVERSION
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.
CUL-DE-SAC
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.
DAY CARE
"Day care" shall include the following:
B.
COMMERCIAL CHILD DAY-CARE CENTERA facility which exclusively provides supplemental parental care and/or instruction to children who are not related to the caregiver or operator; where tuition, fees, or other forms of compensation are charged; and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
C.
HOME DAY CAREA major home occupation in which a private residence is used for the care and supervision of between four to six children or adults not related to the caregiver.
DENSITY, GROSS
The total land area divided by the total number of dwellings
to be housed thereon, expressed in dwelling units (DU) per acre.
DENSITY, NET
The number of dwelling units per acre, including yards, off-street
parking and driveway facilities directly serving those dwellings,
but excluding common open spaces, permitted commercial uses, public
streets, and other public grounds and rights-of-way.
DEPARTMENT OF HEALTH
The Department of Health of the Commonwealth of Pennsylvania
or of Chester County, or their representative having jurisdiction
in Newlin Township.
DEVELOPER
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."
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading, and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLAN
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.
DISCONTINUANCE
The cessation of the use of property evident from the continuous
lack of maintenance or occupancy.
DRAINAGE
The movement of water from an area by stream or sheet flow,
and removal of excess water from soil by downward flow.
DWELLING
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:
A.
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.
B.
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.
C.
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.
D.
SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building designed for and occupied exclusively as a residence, containing three but not more than eight dwellings, each accommodating one family, and which are attached by a vertical common party wall and have side yards adjacent to each end unit.
E.
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."
DWELLING UNIT
A single living space for one family, excluding individual
rental units in a motel, rooming house, tourist home, institutional
home, dormitory, and the like.
EASEMENT
An interest in land owned by another that entitles the holder
of the easement to a specific use or enjoyment of the land.
EASEMENT, CONSERVATION
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.
EATING ESTABLISHMENT
A place of business open to the public that dispenses prepared
food and nonalcoholic drink.
EDUCATIONAL USE
Use of land or a building(s) for the establishment and maintenance
of a public or private college, secondary or elementary school, or
other educational institution for the primary purpose of instruction
and learning.
EFFECTIVE DATE
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.
ELECTRIC SUBSTATION
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.
ENGINEER, TOWNSHIP
A professional engineer, licensed by the Commonwealth of
Pennsylvania, and duly appointed as the engineer for the Township
of Newlin, Chester County.
ENVIRONMENTALLY SENSITIVE AREAS
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 §
240-15B (Table 2) of this chapter.
EQUESTRIAN EVENT
An event open to the general public that includes equestrian-related
activities, such as, but not limited to, guided horseback tours, judged
or timed competitions or races, polo games, tournaments and other
similar equestrian activities involving invitation or advertisement
for participants and spectators from the general public. Such term
does not include private gatherings involving equestrian-related activities,
including, but not limited to, pony clubs, fox hunts, or other similar
equestrian activities not open to the general public.
[Added 9-12-2016 by Ord.
No. 2016-02]
EROSION
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.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage, and which is designed
to be substantially impermeable to the passage of water.
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that more than four persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The group shares the entire dwelling unit.
B.
The group lives and cooks together as a single housekeeping
unit.
C.
The group shares expenses for food, rent, utilities or other
household expenses.
D.
The group is permanent and stable, and not transient or temporary
in nature.
E.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FARM RESIDENTIAL LOT
A lot containing a single-family detached dwelling and an
agricultural use.
[Added 3-20-2017 by Ord.
No. 2017-01]
FENCE or WALL
Any freestanding and uninhabited structure that is erected
to secure or divide a property from another, or part of a property
from the remaining part of the same property.
FILL
Material, exclusive of structures, placed or deposited so
as to form an embankment or to raise the surface elevation of the
land.
FLOOD
A temporary inundation of normally dry land.
FLOOD, ONE-HUNDRED-YEAR
The highest level of flooding that, on the average, is likely
to occur once every 100 years; that is, that has a one-percent chance
of occurring each year as delineated by the Federal Flood Insurance
Agency Maps developed in the Flood Insurance Program (see also "base
flood").
FLOODPLAIN AREA (also IDENTIFIED FLOODPLAIN AREA)
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby river, stream,
or watercourse; and/or any area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of the wall separating two buildings, but not including
interior parking spaces, interior loading space for motor vehicles,
or any interior space where the floor-to-ceiling height is less than
six feet.
FLOOR AREA, GROSS USABLE
That floor area within a building, on all floors of such
building which are used for or related to the business or use conducted
within the building, including all lavatory areas, corridors, storage
areas and other areas used to keep stock and inventory, but exclusive
of elevator shafts, stairwells, a first floor lobby, basement storage
area, and any room or area dedicated to the heating plant, air conditioning
equipment or other utility areas necessary for the operation of the
building.
FLOOR AREA, HABITABLE
The floor area within exterior walls designed for year round
human occupancy, excluding such spaces as garages, accessory buildings,
basements, attics, patios and porches.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
FRONTAGE
The length of a front lot line coinciding with a street line.
GARAGE, PRIVATE
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC PARKING
A building other than a private garage, used for the commercial
storage or parking of motor vehicles.
GARAGE/YARD SALE
The temporary display and sale of goods and craft items on
a residentially used property.
GREENHOUSE, COMMERCIAL
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
or humidity can be regulated for the commercial cultivation of plants
or produce.
GREENWAY
Lands permanently protected as conservation areas by a perpetual
easement that complies with § 170(h) of the Federal Internal
Revenue Code of 1986, as amended.
GREENWAY LAND
That portion of a tract that is set aside for the protection
of sensitive natural resources, farmland, scenic views, and other
unique features.
GROUNDWATER RECHARGE
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.
GROUP HOME
A licensed community-based living arrangement functioning
as a single household and providing rehabilitation service and which
provides residential services to persons who, due to age, disability
or handicap, are not able to live without professional care or supervision.
Group homes shall not include alcoholism or drug treatment centers,
work release facilities for convicts or ex-convicts, or other housing
facilities serving as an alternative to incarceration. (See also "transitional
housing.")
HIGHWAY ACCESS POINT
The location or place of egress and ingress to a street or
highway created by a driveway, alley or other street.
HISTORIC RESOURCE or STRUCTURE
Any structure, parcel, or site that is:
A.
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminary
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
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;
C.
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;
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs, or
E.
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.
HOME OCCUPATION (NONPROFESSIONAL)
An activity conducted for profit by persons residing on the
premises that is clearly subordinate to the residential use of the
property, which typically involves a trade, the storage of goods or
materials, manufacturing, or the use of commercially registered vehicles,
and which does not fall within the definition of "professional home
occupation."
HOME OCCUPATION (PROFESSIONAL)
An activity conducted for profit by persons residing on the
premises which is typically of a professional nature such as an attorney,
engineer, architect, member of the clergy, and similar professions,
and which do not fall within the definition of a "nonprofessional
home occupation."
HOMEOWNERS' ASSOCIATION
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."
HORTICULTURE
The cultivation of fruits, vegetables, flowers, or ornamental
plants.
IMPERVIOUS SURFACES
Areas or materials, such as buildings, structures, and paved
areas, which are impenetrable by liquid and which are incapable of
allowing groundwater recharge or absorbing precipitation and liquids.
ITE TRIP GENERATION RATES
Vehicle trips generated for a particular size of land use
published by the Institute of Transportation Engineers, ITE Trip Generation
Manual, latest edition.
JUNK
Any worn out, cast off, discarded or stored material including
unregistered vehicles, machinery, and equipment or material ready
for destruction or which has been collected for salvage or conversion
to another use.
KENNEL
The use of land, buildings or structures for the purpose
of breeding, boarding, training or grooming customary household pets
for compensation, or the maintenance of four or more dogs that are
more than six months old on a single lot or contiguous lots under
single ownership or lease.
LABORATORY
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.
LAND DEVELOPMENT
Includes any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
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
(2)
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.
C.
The definition of land development shall not include the following
activities:
(1)
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;
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building;
(3)
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.
LANDOWNER
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.
LANDSCAPE (OR PLANTING) SCREEN
Plantings 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.
LANDSCAPING
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 welfare. (Also see "screen" and "landscape screen.")
LIVE/WORK UNIT
A single dwelling unit consisting of both a commercial/office
and a residential component that is occupied by the same resident.
The live/work unit shall be the primary dwelling of the occupant.
LOADING SPACE
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.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, excluding any area within a public street
right-of-way.
LOT AREA
The area contained within the lot lines of an individual
parcel, excluding any street and railroad rights-of-way and common
open space.
LOT COVERAGE
The ratio of the total ground floor area of all impervious
surfaces to the total area of the lot on which they are located.
LOT LINE
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.
LOT LINE, FRONT
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.
LOT LINE, REAR
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."
LOT WIDTH
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.
LOT, CORNER
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°.
LOT, FLAG
A lot which provides access to a public road by a driveway
which passes through a portion of the lot that does not meet minimum
lot width requirements.
LOT, MOBILE HOME
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.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant partially enclosed area,
used solely for the parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
MANUFACTURED HOME
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.
MINIMUM BUILDABLE AREA
That area of a lot that has no development restrictions. The minimum buildable area shall not include the area of any required setbacks (except driveways which cross yards), buffers, natural features with one 100% protection as specified in §
240-15B (Table 2) and the portion of other protected natural features that may not be developed or intruded upon.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change or any required means of egress, or rearrangement of parts
of a structure affecting egress; nor shall minor repairs include addition
to, alteration or relocation of any standpipe, water supply, sewer,
drainage, drain leader, gas, oil, waste, vent or similar piping, electric
wiring or mechanical or other work affecting public health or general
safety.
MIXED USE
The use of a building or a lot for two or more principal
uses.
MOBILE HOME
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.
MOBILE HOME PARK (also MANUFACTURED HOME PARK)
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.
MUNICIPAL USE
Any building, structure, facility, complex, area, or use,
provided, constructed, or maintained by the municipal government of
Newlin Township.
NEW CONSTRUCTION
Structures for which the start of construction commences
on or after December 19, 1979, and includes any subsequent improvements
thereto.
NONCONFORMING LOT
A lot or site which does not comply with the applicable dimensional
regulations, including those related to site area, lot area, and lot
width, in this chapter or amendments hereafter enacted where such
lot was lawfully in existence prior to enactment of this chapter or
amendments.
NONCONFORMING SIGN
Any sign lawfully existing at the time of the passage of this chapter that does not conform in use, location, height or size to the regulations of Article
X, Sign Regulations.
NONCONFORMING STRUCTURE
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 hereafter enacted, where such structure was lawfully
in existence prior to enactment of this chapter or amendment.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
NONFARM RESIDENTIAL LOT
A lot containing a single-family detached dwelling and no
agricultural use.
[Added 3-20-2017 by Ord.
No. 2017-01]
NURSERY
An open or enclosed place where plants are propagated and
then grown until such time as they are placed in permanent locations
or sold.
NURSING HOME or CONVALESCENT HOME
A building or series of buildings for the housing and care
of persons in need of specialized care and attention, but which does
not necessarily meet hospital level of services.
OPEN SPACE PLAN
The Newlin Township Open Space, Recreation and Environmental
Resources Plan of 1994, as it may be amended.
OPEN SPACE, COMMON
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.
PARENT TRACT
A tract or parcel of land in single and separate ownership
as of the date of adoption of this chapter.
PARKING SPACE
A space located off the public right-of-way designed and
designated for the transient storage of a motor vehicle.
PERSONAL SERVICE ESTABLISHMENT
A building in which limited services consistent with neighborhood
needs are offered to the general public. Examples of such services
include, but are not limited to, barbershops and beauty shops, pharmacies,
dry cleaning and tailoring shops, shoe repair shops, travel agencies,
or photocopy shops.
PLAN, AS-BUILT
A final plan showing actual and correct dimensions and locations
of all streets, structures, improvements, and other constructed improvements.
PLAN, EXISTING CONDITIONS
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.
PLAN, FINAL
A subdivision or land development plat prepared under the provisions of Article
V of the Pennsylvania Municipalities Planning Code, this chapter, and Chapter
185, Subdivision and Land Development, as may be amended.
PLAN, SKETCH
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.
PLAN, YIELD
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 element required in this chapter or Chapter
185, Subdivision and Land Development. The yield plan is not to be considered a preliminary plan.
PLAT
The map or plan of a subdivision of land, whether preliminary
or final.
PLAT, RECORDED
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.
POTENTIAL DEVELOPMENT AREAS
Portions of a site or parcel that are appropriate for development
and which are exclusive of conservation areas.
PREMISES
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.
PROFESSIONAL OFFICE
The office of a member of a recognized and lawful profession
maintained for the conduct of that profession, including, but not
limited to, dentists, doctors, chiropractors, attorneys, and accountants.
PROTECTED AREA
Areas within a site that contain sensitive environmental
conditions that are to be protected, fully or partially, from development.
PUBLIC GROUNDS
Parks, playgrounds and other public areas and the sites for
schools, sewage treatment, refuse disposal and other publicly owned
or operated facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, intended to inform and obtain public comment prior to taking
action.
PUBLIC MEETING
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)]
PUBLIC NOTICE
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.
PUBLIC SERVICE FACILITIES
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.
PUBLIC USE
Any building, structure, facility, complex or area used by
the general public or which provides a service to the public, whether
constructed by a state, county or municipal government agency, or
any private individual, partnership, association, or corporation.
QUARRYING/MINING
Removal of sand, clay, gravel, topsoil, groundwater or similar
commercial extractive operations including borrow pits or excavations
for removing material for fill operations.
RECREATION USE, INDOOR
The use of a building or part thereof for indoor sports such
as bowling, tennis, racquetball, squash, indoor basketball, indoor
swimming, and those sports activities usually conducted indoors, but
excluding target shooting or any other activities that create loud
noises or which may be dangerous or disturbing to surrounding residents.
RECREATION, ACTIVE
Those leisure-time activities 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.
RECREATION, OUTDOOR
A leisure-time facility designed and equipped for the conduct
of sports activities, including swimming, tennis and other court games,
baseball and other field sports, playground and other outdoor activities,
but excluding amusement parks, go-cart tracks, shooting ranges and
other activities which generate noise objectionable to a residential
environment.
RECREATION, PASSIVE
Leisure-time uses 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.
RECREATIONAL VEHICLE
A vehicle, which is:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projections;
C.
Designed to be self-propelled or towed by a light-duty truck;
D.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use;
and
E.
Is legally registered by a state department of motor vehicles.
RECYCLING CENTER
An activity 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, or a place for the collection and storage of materials
suitable for recycling into usable products.
RELIGIOUS USE
A nonprofit use of land or a building as a place of worship,
convent, monastery or similar religious institution, including rectory
and parish house.
RENTAL UNIT
An individual space offered for compensation or lease within
a motel, hotel, rooming house, tourist home, institutional home, dormitory,
or in a professional or commercial office building.
RESTAURANT
A facility serving food and beverages prepared for consumption
on the premises, and providing table or sit-down service, but not
including outdoor curb service.
RETAIL SERVICES
Establishments providing services or entertainment, as opposed
to products, to the general public, real estate and insurance, personal
service establishments, motion pictures, amusement and recreation
service, educational and social services, museums and galleries.
RETAIL STORE/TRADE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods such as, but not limited
to, hardware store, pharmacy, magazine or bookstore, florist, or clothing
store.
RIGHT-OF-WAY
Land reserved or dedicated for use as a street, alley, walkway,
or any other public or private purpose.
RIGHT-OF-WAY, FUTURE
The right-of-way deemed appropriate to provide adequate width
for future street improvements.
RIGHT-OF-WAY, LEGAL
The existing right-of-way of dedicated streets as established
by the Commonwealth of Pennsylvania or other appropriate governing
authority.
ROOMING HOUSE
A dwelling in which weekly or monthly sleeping accommodations
are provided for rent to more than two but less than 10 persons, whether
or not the serving of meals is included.
SCREEN or LANDSCAPE SCREEN
Vegetative materials such as shrubs and trees (which may
incorporate a berm) that shall grow to form a continuously growing,
dense evergreen six-foot-tall visual barrier within five years of
planting.
SECONDARY FARM FAMILY BUSINESS
An agricultural accessory use, such as the repair of agricultural
equipment, butcher shop, or processing of local agricultural products,
which provides a secondary source of income to the primary agricultural
use.
SEDIMENTATION
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"
SELECTIVE CUTTING
The felling of certain, but not all, trees in an area for
the purposes of:
A.
Removing dead, diseased, damaged, mature or marketable timber;
B.
Improving the quality of a tree stand or species; or
C.
Meeting personal domestic needs.
SETBACK, LOT
The minimum building line measured along a line parallel
to a lot line.
SEWAGE
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.
SEWAGE DISPOSAL SYSTEM
Includes the following:
A.
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.
B.
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.
C.
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.
SIGHT DISTANCE
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.
SIGN
Any permanent or temporary structure or part thereof or any
device attached, painted or represented, directly or indirectly, on
a structure or other surface that displays or includes any letter,
word, insignia, flag, or representation used as or which is in the
nature of an advertisement, announcement, visual communication, direction,
or which is designed to attract the eye or bring the subject to the
attention of the public.
SIGN AREA
The area of the smallest rectangle, triangle, or circle that
will encompass all elements of the sign, such as letters, figures,
symbols, designs, or other display. The area shall not include any
structural component, borders, or framing, unless it is in the form
of a symbol or contains advertising elements.
SIGN HEIGHT
The distance from the existing ground elevation at the base
of the sign, or immediately below the sign, to the highest point of
the sign structure.
SIGN - (BUSINESS SIGN)
A sign which directs attention to any commercial, industrial
or professional activity occurring on the premises on which the sign
is located, but not including a home occupation sign.
SIGN - (SITE IDENTIFICATION SIGN)
A sign used to identify the name and display information
about the individual, organization, agency, institution, or similar
development located on the premises on which the sign is located,
but not including a business sign.
SIGN - (SPECIAL EVENT SIGN)
A temporary sign that carries information about a transitory
event such as an auction, flea market, festival, carnival, or similar
event, but not including any business sign or for-sale signs.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, partnership, or
corporation, in which ownership is separate and distinct from that
of any adjoining property.
SITE RESTORATION
Measures taken following completion of land disturbance activities
that will stabilize the land surface and minimize possible erosion
or sedimentation.
SOILS, ALLUVIAL (FLOODPLAIN)
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, May 1963.
SOLID WASTE
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.
STEEP SLOPES
Those areas of land where the grade is 20% or greater.
STORAGE
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:
A.
Equipment, vehicles and materials that are used in connection
with a construction project during the period of construction.
B.
The unloading or loading of vehicles which are parked against
a building so that all activity occurs within the building.
STORAGE, OUTDOOR
The keeping of goods or materials for present or future use
in an area unprotected from the elements.
STORMWATER
Any precipitation, but usually rainfall, which is sufficient
to flow on any natural or impervious surface creating erosion and
sedimentation; frequently termed "runoff."
STORMWATER MANAGEMENT
The management and/or control of stormwater, erosion and sedimentation through the implementation of controls as required by either Chapter
185, Subdivision and Land Development, or Chapter
170, Stormwater Management, of the Township Code.
STREET
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:
A.
LOCAL ACCESSThose streets used primarily to provide access to abutting properties.
B.
MINOR COLLECTORThose 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.
C.
MAJOR COLLECTORThose 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.
D.
LANEA street serving a single development.
STREET LINE
The legal right-of-way line of a street dividing a lot from
the boundary of a public or officially plotted street.
STREET CENTER LINE
A line which is an equal distance from both street lines
unless officially designated otherwise.
STREET, PUBLIC
A public thoroughfare that has been dedicated, deeded and
accepted by the Township and which affords the principal means of
access to abutting property.
STREET, SINGLE-ACCESS
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.
STRUCTURAL ALTERATION
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.
STRUCTURAL UNIT
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
STRUCTURE, TEMPORARY
A structure without foundation or footings, which is removed
within a designated time period or after the activity or use for which
the temporary structure was erected has ceased.
SUBDIVISION
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.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure to an extent or amount equaling 50% or
more of the market value of the structure before the start of construction
of the improvement. "Substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. This term includes structures
that have incurred "substantial damage" regardless of the actual repair
work performed. The term does not, however, include either of the
following:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
B.
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
SURFACE RUNOFF
That part of precipitation that passes over the surface of
the soil.
SWIMMING POOL
An enclosure, designed to be filled with water, permanently
constructed or portable, with sides having a depth of more than 18
inches below the level of the immediate surrounding grade, or an above
surface pool having a depth of more than 30 inches, designed, used
and maintained for swimming and recreation.
TELEPHONE EXCHANGE OFFICE
A building and its equipment used for the transmission and
exchange of telephone or radio telephone messages between subscribers
and other business of a telephone company.
TOPSOIL
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.
TOWNSHIP
The Township of Newlin, Chester County, Pennsylvania.
TRACT AREA, ADJUSTED
The total area within a lot, exclusive of roads and rights-of-way,
steep slopes, floodplains and wetlands, watercourses, rock outcrops,
and as identified in Table 2 of this chapter.
TRAIL
A right-of-way containing a marked or beaten path, either
paved or unpaved, for pedestrians, equestrian or bicycle use.
TRAILER
A drawn vehicle, not self-propelled, which is permitted on
the highways when properly licensed.
TRANSFER STATION
A facility where municipal solid waste is delivered for the
purpose of consolidating the material into larger vehicles for transport
to a final disposal site or processing facility.
TRANSITIONAL HOUSING
Living arrangements for up to five unrelated individuals
that do not meet the definition of "family" or "group home." Transitional
housing may include a licensed community-based facility which provides
lodging, rehabilitation, or meals to clients where supervision is
provided seven days a week, 24 hours a day, or is staffed continuously
by the provider whenever the structure is occupied.
TREE DRIPLINE
The line marking the outer edges of the branches of the tree.
TREE HARVESTING OPERATION
The uprooting or removal of more than four trees per acre
from any lot for the purpose of allowing or encouraging the natural
regeneration or preservation of a tree stand on a lot which has a
gross area prior to any subdivision or land development of more than
three acres and which is undertaken in compliance with an approved
woodland management plan.
TREE PROTECTION ZONE
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.
TURF GRASS
Cultivated lawn grasses capable of being mowed to form a
dense matting of roots and stems, other than the native, wild grasses
or weeds.
UNIFIED RESIDENTIAL DEVELOPMENT
An area of minimum contiguous size to be planned, developed,
operated, and maintained as a single entity and containing one or
more residential clusters and areas of permanently maintained open
space.
USE, ACCESSORY
A use of land or structure on the same lot with it, and of
a nature customarily incidental and subordinate to, the principal
land use or structure.
USE, BY-RIGHT
A use which is permitted in a zoning district without the
need for a special exception, variance or conditional use permit.
USE, CONDITIONAL
A use which is generally not appropriate to a particular
zoning district as a whole, but which may be suitable in certain places
within the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the Board of Supervisors after a public hearing
and review and comments from the Planning Commission.
USE, SPECIAL EXCEPTION
A use which is not permitted as a right, but which, when
deemed suitable, with or without the imposition of conditions or restrictions
under applicable standards, may be allowed by the Zoning Hearing Board
after public hearing.
USES (also LAND USES)
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.
VARIANCE
A modification of the regulations of this chapter granted
by the Zoning Hearing Board on grounds of physical conditions or unnecessary
hardship, not self-imposed, pursuant to the provisions of this chapter
and Act 247.
VISUAL SCREEN
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 any use or activity during
all seasons of the year, as outlined by this chapter.
WALKWAY, PUBLIC
Any place designed or maintained for public pedestrian use,
without regard to ownership.
WATER SUPPLY
Includes the following:
A.
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.
B.
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.
C.
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.
WATER TABLE
The upper surface of a zone of saturation, except where that
surface is formed by an impermeable body.
WATERCOURSE
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.
WATERS OF THE COMMONWEALTH
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.
WETLAND
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. 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.
WIRELESS COMMUNICATION FACILITY
The commercial communications antenna, commercial communications
antenna support structure, wireless communications equipment building,
parking areas, and other facilities, structures and equipment involved
in receiving or transmitting wireless communications or radio signals
on a site.
WOODLAND
A plant community predominantly of healthy trees and other
woody vegetation, well stocked and growing more or less closely together.
Specifically, woodlands consist of 1/4 acre or more of continuous
wooded land, where the largest trees measure at least six inches diameter
at breast height (dbh). 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 dbh.
WOODLAND MANAGEMENT PLAN
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.
YARD
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.
YARD, FRONT
The required open space between the front setback 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.
YARD, REAR
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.
YARD, SIDE
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.
YIELD CALCULATION
The conceptual calculation for a particular site that results
after all protected areas are deducted from the gross site area.
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of Newlin, Chester
County, Pennsylvania.
ZONING OFFICER
The individual charged with the enforcement of the provisions
of this chapter.
ZONING ORDINANCE
The Zoning Ordinance of Newlin Township, as adopted and amended
from time to time.