For the purposes of this chapter, the following words and phrases
shall have the meanings given to them in this article:
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.
ACT 209
Act 209 of 1990, as now and hereafter amended, as it relates
to traffic impact studies.
ACT 247
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as now and hereafter amended.
ADULT
An individual considered in the law to be an adult, that
is, a person of a minimum of 18 years of age.
ADULT USE
Any adult bookstore, adult cabaret, or adult mini motion-picture
theater, as defined herein and which, under the Pennsylvania Obscenity
Code, must exclude minors or may not knowingly disseminate to minors.
A.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade, whether for sale or rental, books, magazines, novelties, or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," as defined herein.
B.
ADULT CABARETA cabaret, tavern, theater or club which features strippers, male or female impersonators or similar entertainers who exhibit, display or engage in obscenity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.
C.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities for observation by patrons within private viewing booths and/or by use of token- or coin-operated projectors or other video machines.
D.
ADULT THEATERAny business, indoor or outdoor, which exhibits a motion-picture show or other presentation which, in whole or in part, depicts obscenity, sexual conduct or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code.
AGE-RESTRICTED RETIREMENT FACILITY
Housing and/or a facility designed and operated for mature
adults, which meets the definition of "housing for older persons,"
as set forth in the Fair Housing Amendments Act of 1988, as amended,
that may offer one or more levels of assistance, including but not
limited to independent living, assisted living, and skilled nursing,
and may offer a continuum of housing (single-family detached, attached,
multifamily, etc.), services and health care systems, all in one building,
campus or on a site. Such housing units and/or facilities are operated
for adults, generally 55 years old or older, that may include one
or any combination of the following:
A.
INDEPENDENT LIVINGProvides attentiveness for seniors who can essentially take care of themselves but need someone to sporadically check on them or be on call for certain needs. Independent living may take place in a congregate facility (communal setting), apartments or facility where there are independent living units (single-family detached, two-family, or multifamily dwellings), which may be rental assisted or market rate housing.
B.
ASSISTED LIVINGTypically involve a congregate facility (communal) or apartment-style facility designed to focus on providing assistance with daily living activities. Assisted living provides a higher level of service than independent living, which may include preparing meals, housekeeping, dressing, bathing, medication assistance, laundry, and regular check-ins on the residents. Assisted living is designed to bridge the gap between independent living and skilled nursing home facilities.
C.
SKILLED NURSING (NURSING HOME)Traditionally considered as a "nursing home," typically in a congregate facility (communal) setting, that provides medical nursing service for residents with serious illnesses or disabilities 24 hours a day, where patients generally rely on assistance for most or all daily living activities. These facilities require state and federal licenses in order for them to provide care by registered nurses, licensed practical nurses, and certified nurse aids.
AGRICULTURAL ANIMAL (LIVESTOCK)
Animals raised as a part of a commercial agricultural operation
for sale, the production of other products, work animals, or for recreation,
including but not limited to horses, mules, cattle, oxen, sheep, goats,
pigs, and poultry.
AGRICULTURE (FARM)
The cultivation of soil and the raising and harvesting of
the products of the soil, including nurseries, horticulture, commercial
greenhouses, forestry, dairy farming, or growing crops, and the raising
of livestock, horses, and poultry not to exceed a combined total of
1,000 pounds per acre, or one animal equivalency unit (AEU) per acre,
but excluding intensive agriculture. Agriculture also includes aquaculture.
AGRICULTURE, INTENSIVE
Agriculture uses involving the processing or production of
agricultural products with a certain density which meet with the Environmental
Protection Agency's definition for concentrated animal feeding operations
(CAFOs) or the Commonwealth of Pennsylvania's definition for concentrated
animal operations (CAOs), depending upon which type of operation is
in place, or a mushroom production facility, composting facility,
or slaughterhouse.
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties. See also "street."
ALTERATION
A rearrangement, renovation, relocation or enlargement of
any building, structure or sign, including any change of use classification.
APPLICANT
A landowner or developer, as herein defined, who has filed
an application for development, including their agents, heirs, successors,
and assigns.
APPLICATION FOR DEVELOPMENT
Any 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 land development plan.
AREA AND BULK REGULATIONS
Provisions which regulate individual lot sizes and the spatial
arrangement of structures within individual lot boundaries, including,
but not limited to, required minimum yards, building height restrictions,
and maximum building and lot coverage.
ATHLETIC EQUIPMENT SALES AND REPAIR SHOP
A store involved in the retail sales and repair of athletic
equipment, such as camping equipment, bicycles, skis, snowboards,
kayaks, paddleboards, rock climbing equipment, snowshoes, field sports
equipment (soccer, football, baseball), and similar equipment.
BANK OR FINANCIAL INSTITUTION
Any building wherein the primary occupation or use is concerned
with such business as banking, savings and loan associations, credit
unions, loan companies, mortgage companies, or investment companies.
BASEMENT
An area of the building having its floor below ground level.
BED-AND-BREAKFAST ESTABLISHMENT
An accessory use to a dwelling unit in which temporary lodging
accommodations are provided to transient persons for compensation,
including the serving of meals.
BLOCK
An area of land or lots bounded by streets.
BOROUGH
The Borough of Elverson, Chester County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of Elverson Borough, Chester County,
Pennsylvania.
BUFFER (BUFFER YARD)
An area to be used and maintained as a horizontal physical
barrier between uses and/or where otherwise specified, consisting
of a strip of land maintained to separate parcels or uses of land
in conjunction with associated landscaping and screening, where required,
that may include, but not be limited to, a berm, fence, wall or vegetative
plantings.
BUILDER
The person(s) responsible for the erection of any improvement
or part thereof, whether such person be the applicant or otherwise.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
BUILDING CODE
The most current version of the building code adopted by
the Borough of Elverson. (See "UCC.")
BUILDING CODE OFFICIAL
An official appointed and authorized by the Elverson Borough
Council to undertake official Borough actions, including, but not
limited to, the receipt, approval and serving of Borough permits,
enforcing the UCC, and other business, which shall include but not
be limited to the Borough Zoning Officer, Building Code Official,
Code Officer, and other officials as appointed by Borough Council.
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. The
percentage of the lot area covered by buildings. See Figure 2-19.
BUILDING ENVELOPE
The remaining area within a lot, inside of the minimum required
yards, where a principal structure may be built, in compliance with
maximum building coverage and building height requirements in the
zoning districts of this Code. See Figure 2-19.
BUILDING HEIGHT
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses, and similar projections shall not be
included in calculating the height. See Figure 2-1.
Figure 2-1: Building Height
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BUILDING LENGTH
The horizontal measurement of any continuous building wall.
BUILDING LINE
A line passing through the point of a building or structure
nearest to the front lot line, parallel to such line and at a distance
therefrom established by the actual location of the building or structure;
the building line may be the same as the required minimum front yard
or may be farther from the front lot line, but shall not be closer
to the front lot line than the required minimum front yard. See Figure
2-19.
BUILDING PERMIT
A statement issued and signed by the Building Code Official
or other duly authorized agent of the Borough of Elverson, which authorizes
the erection, construction, alteration, conversion, replacement, diminution
or enlargement of a building or structure. The statement should indicate
that the proposed activity complies with the applicable Borough codes
and ordinances.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
BULK
A term used to describe the size of buildings or other structures
and their relationship to each other, to open areas such as yards
and/or lot lines, and includes: the size, height and floor area of
a building or other structure; the relation of the number of dwelling
units in a residential building to the area of the lot (density);
and all open areas in yard space relating to buildings and other structures
in accordance with the area and bulk requirements and other applicable
requirements of this chapter.
CALIPER
The diameter of a tree trunk measured six inches above the
ground for trees up to and including four-inch caliper and measured
12 inches above the ground for trees larger than four-inch caliper.
See Figure 2-2.
Figure 2-2: Caliper
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CARTWAY
That portion of a street between faces of curbs or which
is paved or otherwise intended for vehicular use.
CEMETERY
Land used or intended to be used for the burial of bodies
or cremated remains thereof, including columbariums and mortuaries
when operated in conjunction with and within the boundary of such
cemetery.
CERTIFICATE OF USE AND OCCUPANCY
A statement signed, issued, and administered by the Building
Code Official, or other duly authorized agent of the Borough, upon
completion of construction of a new building or upon change or conversion
of a structure or use of a building, which establishes that a building
or use complies with all requirements and regulations as provided
in this chapter and other applicable codes, and that the same may
be occupied or used for the intended use.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at given distances from the intersection
of street center lines in accordance with the Multimodal Circulation
Handbook for Chester County, Pennsylvania.
COMMERCIAL USE
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale, or service activities for profit.
COMMUNITY FACILITIES
The services that provide for various community health, education,
safety, leisure and like needs and the locations at which these services
are provided. Typical community facilities include schools; parks
and recreation areas; libraries; hospitals and other health care facilities;
public water and sewer facilities; fire protection; police, ambulance
and rescue services; municipal buildings; and postal services.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Borough of Elverson, Chester
County, Pennsylvania, as adopted and amended from time to time.
CONDOMINIUM
A type of ownership and not a type of use, wherein each commercial,
industrial, office, apartment or townhouse unit is owned in fee, while
the land and such appurtenances as driveways, parking areas, sidewalks,
landscaping, swimming pools and other recreational facilities, streetlighting,
heating, facilities, entrance lobbies, halls, elevators and on-site
utilities remain under the ownership, with full responsibility for
maintenance, of the developer, or any corporation holding title to
such land and appurtenances including a property owners' association
made up of the owners, subject to the provisions of the Pennsylvania
Uniform Condominium Act of 1980, as now and hereafter amended.
CONGREGATE CARE
An age-restricted retirement community or part thereof, where
permitted, which shall be limited by deed or by lease, where applicable,
for providing lodging or boarding for compensation to adult individuals
and/or couples, one of whom is at least 55 years or older, and who
do not have resident dependent children, living in a single structure
or structures that contain multiple dwelling units and related facilities
(foyer, management, dining, recreation, etc.). A congregate care facility
may include nursing care to sick, invalid, infirm, disabled or convalescent
persons.
CONSERVATION PLAN
A plan for the conservation of precipitation and soils meeting
the standards established and revised from time to time by the Pennsylvania
Department of Environmental Protection, the Chester County Soil and
Water Conservation District and by the Natural Resources Conservation
Service, U.S. Department of Agriculture.
CONSTRUCTION
The erection, modification, or alteration of any structure.
Limited disturbance to soil or vegetation associated with the entering
upon the premises for purposes of surveying, staking or to obtain
necessary data on existing conditions shall not be deemed "construction."
CONVERSION
An alteration of a building, structure or land by change
of use, theretofore existing, to a new use.
COUNCIL
Borough Council of Elverson Borough, Chester County, Pennsylvania.
CREMATORY
A place where bodies are consumed by incineration and the
ashes of the deceased are collected for permanent burial or storage
in urns.
CURB
A stone, concrete or pavement boundary usually marking the
edge of a roadway, cartway or paved area.
CURB CUT
A gap in a curb to enable vehicular access to a driveway
or alley or for a sidewalk or pedestrian facility.
CURVE, HORIZONTAL
A transition between two tangent strips of roadway, allowing
a vehicle to negotiate a turn at a gradual rate rather than a sharp
cut.
CURVE, VERTICAL
A transition between two sloped roadways, allowing a vehicle
to negotiate the elevation rate change at a gradual rate rather than
a sharp cut.
CUT
A portion of land surface from which soil, rock and other
materials have been removed or will be removed by excavation.
DAY CARE
A facility which, on a daily basis, exclusively provides
supplemental care and supervision and/or instruction to children or
adults who are not all related to the caregiver or operator, where
tuition, fees or other forms of compensation are charged, whether
governmentally subsidized or not, and which is licensed or approved
to dispense such care by the Commonwealth of Pennsylvania, and whether
operated for profit or not for profit. The following definitions are
included herein but, where applicable, are subject to change by the
Pennsylvania Department of Human Services and/or Department of Aging,
which shall prevail in the case there is a conflict:
A.
(1)
FAMILY CHILD DAY-CARE HOMEA location other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator. A family child day-care home shall have a certificate of registration from the Pennsylvania Department of Human Services in order to legally operate. This use is typically a home occupation.
(2)
GROUP CHILD DAY-CARE HOMEA premises in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level, who are unrelated to the operator. The term includes a facility located in a residence or another premises. A group child day-care home shall have a certificate of compliance ("license") from the Pennsylvania Department of Human Services in order to legally operate. This use is typically a home occupation.
(3)
HOME CHILD DAY CAREThis is a home occupation serving less than four children unrelated to the homeowner, falling below the number of children requiring a license or registration required by the Pennsylvania Department of Human Services.
B.
DAY-CARE CENTER (COMMERCIAL DAY CARE)A premises in which care is provided at any one time for seven or more children or adults unrelated to the operator. A day-care center shall have a certificate of compliance ("license") from the Pennsylvania Department of Human Services in order to legally operate. This use is typically a nonresidential use.
C.
DAY-CARE CENTER, ADULTA premises operated for profit or not for profit in which older adult daily living services are simultaneously provided for nonresident clients who are not relatives of the operator for part of a twenty-four-hour day. Services provided to clients may include nursing, personal care, nutrition, social services, activities, and emergency care, as defined by the Pennsylvania Department of Aging. Adult day-care centers are regulated by the Pennsylvania Department of Aging. This use is typically a nonresidential use.
DEMOLITION
Any act of pulling down, removing, dismantling, or razing
a substantial portion of a structure or building. "Substantial portion"
shall mean 50% of the volume of the structure, building or the roof
structure.
DENSITY
The number of dwelling units (du) per net or gross acres
(du/acre).
DENSITY, GROSS
A.
The numerical value obtained by dividing the total number of
dwelling units on a tract by the total tract area expressed in dwelling
units per acre.
B.
The following definition is specific to §
290-1226 of Chapter
290, Zoning, of the Code: The total area within the title lines of a lot or tract divided by the total number of dwelling units existing and/or to be constructed thereon, expressed in dwelling units per acre, such area including internal streets having rights-of-way not over 50 feet in width, common open space, permitted commercial uses, and all land devoted to residential use but excluding exterior street rights-of-way and internal streets having rights-of-way greater than 50 feet in width.
DENSITY, NET
A.
The numerical value obtained by dividing the total number of
dwelling units on a tract by the tract area minus easements, applicable
natural resources in accordance with this chapter, and street rights-of-way,
expressed in dwelling units per acre.
B.
The following definition is specific to §
290-1226 of Chapter
290, Zoning, of the Code: The number of dwelling units per acre, within only that portion of the lot or tract devoted to any one particular housing type, including the yards, off-street parking and driveway facilities directly serving those particular dwelling types but excluding common open space, permitted commercial uses, public streets and other community facilities.
DETENTION BASIN
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate to cause the deposition of sediment and to retard the velocity
and rate of surface flows leaving as a means of preventing erosion.
Detention basins are designed to drain completely shortly after any
given rainfall event.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
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.
DIAMETER AT BREAST HEIGHT (DBH)
The outside diameter of a tree at breast height, which is
defined as 4.5 feet (1.37 m) above the forest floor on the uphill
side of the tree. See Figure 2-3.
Figure 2-3: Diameter at Breast Height
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DISREPAIR (VEHICULAR)
A vehicle with missing parts or pieces that would be obvious
to a casual observer; however "disrepair" does not indicate an implied
state of aesthetics. For example, an automobile missing a fender,
hood, wheels, a door, or having major damage that would imply the
automobile is nonfunctional or in disrepair would fit this definition;
however, an automobile with faded paint, scuffs, scratches or other
minor, superficial, or otherwise aesthetic imperfections would not
be considered in a state of disrepair.
DISTRICT, BASE
A zoning district designated by this Code and whose boundaries
are depicted on the Zoning Map for the Borough of Elverson.
DISTRICT, OVERLAY
A zoning district designated by this Code and whose boundaries are depicted on the Zoning Map for the Borough of Elverson, apply only to specific designated areas, or for certain features as determined by the text of this Code and delineated in Article
III, Establishment of Districts, of Chapter
290, Zoning, of this Code.
DIVERSIONS
A channel or ditch and embankment constructed across a sloping
land surface, either on the contour or at predetermined gradient,
to intercept and divert stormwater before it gains sufficient volume
or velocity to scour or cause harmful erosion.
DOMESTICATED ANIMALS
Any of various non-farm (agricultural) animals, typically
kept for personal enjoyment or companionship not raised for food,
fur or monetary gain, that have been tamed and made fit for a human
environment and are generally kept inside the primary residence. Domestic
animals are generally considered "pets," and are generally smaller
animals, including but not limited to dogs, cats, hamsters, rabbits,
turtles and fish but not fowl, herd animals, goats, cattle or horses
or any exotic pets precluded by other laws or ordinances.
DRAINAGE
The flow of water or other liquid and the means of structures
for directing such flow, whether surface or subsurface, and whether
natural or artificial.
DRIP LINE
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points.
See Figure 2-4.
Figure 2-4: Dripline
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DRIVE-THROUGH
An accessory use to an establishment which by design, physical
facilities, service or by packaging procedures, encourages or permits
customers to receive services or obtain goods while remaining in their
motor vehicles.
DRIVEWAY, PRIVATE
That portion of a lot which is intended for vehicular use
and which is privately owned, whether paved or unpaved.
DUMP
Any lot upon which trash, debris and other refuse are periodically
and illegally deposited; not a permitted use.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
DWELLING UNIT TYPES
Dwelling units may be arranged in the following manner. See
Figure 2-5:
A.
SINGLE-FAMILY DETACHEDA building providing one dwelling unit used exclusively for occupancy by one family with building having independent access and yards on all four sides of the dwelling: two side yards, one front yard, and one rear yard.
B.
TWO-FAMILY DWELLINGA building designed for and containing two independent dwelling units, each with separate access and separated by a party wall. Two-family dwellings may be referred to in one of the following two configurations or some other similar arrangement:
(1)
TWINA building consisting of two attached buildings (semidetached) each containing one independent dwelling unit separated by a vertical party wall and each dwelling unit existing on a separate lot. Each dwelling unit has one side yard opposite the side with the party wall, one front yard, and one rear yard. Dwelling units could be considered "side by side."
(2)
DUPLEXOne building consisting of two dwelling units separated by a horizontal floor/ceiling assembly on the same lot. Dwelling units could be considered "over-under."
C.
MULTIFAMILYA building containing three or more dwelling units. Multifamily units may be arranged in the following configurations: townhouses, apartment building, mixed use.
(1)
TOWNHOUSEA single-family attached dwelling unit in a row of a minimum of three attached units, in which each dwelling unit has independent access to the outside, there is only one dwelling unit from ground to roof, and each dwelling unit is separated from any other dwelling unit by one or two vertical fire-resistant party wall(s). Dwelling units with two party walls have no side yards and end units have one side yard opposite the side with the party wall. Townhouses may or may not exist on independent lots.
(2)
APARTMENT BUILDINGA building or part of a building containing three or more independent dwelling units for rent, separated by party walls, regardless of configuration. Each dwelling unit has independent access; however, in some cases access to the outside may be accomplished by a common hallway in accordance with building codes and fire regulations.
D.
MIXED USEDwelling unit(s) above or behind a nonresidential use within the same building, physically separated from any other dwelling unit or nonresidential use. Each dwelling unit shall have independent access to the outside; however, in some cases access may be accomplished by a common hallway for dwelling units in accordance with building codes and fire regulations. The outside access shall be separate from the access for the associated nonresidential use. Mixed use may qualify as multifamily where there are three or more dwelling units.
E.
RESIDENTIAL CONVERSIONA change in residential use from one single-family dwelling unit to no more than three dwelling units in the same building. One unit shall be considered a principal use owned and occupied by the owner of the property while the second or third unit may be rented or leased.
F.
APARTMENTA dwelling for a single family that may occur in one of several variations, including, but not limited to, apartments above or behind nonresidential uses (mixed use), conversion of a single-family detached dwelling to apartments (residential conversion), or an apartment building (multifamily).
Figure 2-5: Dwelling Unit Types
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EARTH DISTURBANCE (or EARTH DISTURBANCE ACTIVITY)
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; road maintenance; land development; building
construction; and the moving, depositing, stockpiling, or storing
of soil, rock or earth materials.
EASEMENT
An interest in land owned by another that entitles the holder
of the easement to a specific use or enjoyment of the land.
EDUCATIONAL USE
Use of land or building or buildings for the establishment
and maintenance of a public or private college, secondary or elementary
school, or other educational institution for the academic instruction
but not including an institution or organization directed primarily
to the physical training or development of physical or manipulative
skills.
ELECTRIC SUBSTATION
Buildings or structures and equipment erected and used for
the purpose 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, such buildings or structures being effectively screened
to blend the installation with the surrounding landscape.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Elverson Borough,
its Planning Commission or authority.
ENLARGEMENT
An enlargement is an addition to the floor area of an existing
building, an increase of size of another structure, or an increase
in that portion of a lot occupied by an existing use.
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 actions.
FACADE
Any exterior face or front of a building.
FAMILY
The Zoning Officer or other official Borough representative
shall have the authority to determine whether a group of individuals
is living together as the functional equivalent of a family for purposes
of this section.
A.
A single person occupying a dwelling unit.
B.
Any number of persons related by blood, marriage or adoption,
including foster children and including not more than two other persons,
for example, boarders, lodgers or domestic help.
C.
Not more than three unrelated persons living together as a single
cooperative household unit.
D.
A group of individuals with disabilities living together as
the functional equivalent of a family and entitled to a reasonable
accommodation to allow them adequate housing choices pursuant to the
Federal Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601
et seq.) and the Pennsylvania Human Relations Act (43 P.S. §§ 951
to 963).
FILL
Any earth, sand, gravel, rock, inorganic material, or any
other material, except landscape plantings or other customary landscape
materials, which is deposited or moved to a new location, including
conditions resulting therefrom.
FLOODPLAIN ORDINANCE
The most current version of the Floodplain Ordinance adopted by the Borough; see Chapter
140, Floodplain Management, of the Code.
FLOOR AREA
Floor area as defined by the most current building code adopted
by the Borough (UCC).
FLOOR AREA, GROSS
Gross floor area as defined by the most current building
code adopted by the Borough (UCC).
FORESTRY/TIMBER HARVESTING
A.
The management of forests and woodlands 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.
B.
Planning and activities necessary for the management of forest
or woodlands. These include timber inventory, preparation of forest
management plans, silviculture treatment, cutting budgets, logging
road design and construction, timber harvesting, site preparation,
and reforestation.
GLARE
Excessive brightness in the field of view that causes loss
in visual performance, so as to jeopardize health, safety or welfare.
Light caused by either the direct viability of an exposed light source
or by the reflection of a light source that is sufficient to cause
discomfort or loss in visual performance or visibility.
GLARE, DIRECT
Illumination beyond property lines caused by direct or specularly
reflected rays from incandescent, fluorescent or arc lighting, or
from such high temperature processes as welding, petroleum or metallurgical
refining.
GOVERNING BODY
The Elverson Borough Council, Chester County, Pennsylvania.
GRADE, EXISTING
The elevation, relative to a given datum, of the ground surface
prior to any excavation or fill.
GRADE, FINISHED
The elevation, relative to a given datum, of the ground surface
after completion of any excavation or fill.
GRADE, PROPOSED
The elevation, relative to a given datum, of the ground surface
proposed to be achieved by excavation or fill.
GRADING
The changing of the surface of the ground by excavation,
filling or combination of the two; the act of moving earth.
GRADING PLAN
A plan to scale showing existing and proposed buildings and
other structures, as well as existing and proposed contours at sufficient
intervals to indicate any proposed change to existing grade and to
define swale location, depth, gradient and general slope of the ground.
GROSS SALES/SERVICE AREA
That portion of a nonresidential use that is used for display
or sale of products, purchasing/transactions, sales/service offices,
meeting rooms, public restrooms, or customer service areas that are
intended for or open to and available to customers/patrons. Areas
restricted from or not intended for customers, including but not limited
to storage areas, areas for employees where customer access is restricted
(break rooms/restrooms), and offices where customer service or interaction
is not intended are not included in gross sales area.
GROUP CARE FACILITY
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment that may include minimum supervisory
personnel, as required to meet standards of the licensing agency.
A group care facility shall be licensed and/or approved if and as
required by the appropriate agency. A group care facility shall be
permitted within and considered a single-family detached dwelling.
GUARANTEE, COMPLETION
An acceptable bond or funds in escrow, sufficient to cover
the complete cost of required improvements, as estimated by the Borough
Engineer or other qualified person designated by Borough Council.
GUARANTEE, MAINTENANCE AND PERFORMANCE
An acceptable bond or funds in escrow sufficient to cover
maintenance costs of a given facility and to sustain operation of
said facility to appropriate standards for a length of time to be
determined by Borough Council. Appropriate standards and costs shall
be determined by the Borough Engineer or other qualified person designated
by the Borough Council.
HEDGEROW
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
HISTORIC RESOURCE
A.
Any building, wall, bridge, structure, road, trail, quarry,
archeological site or cultural artifact listed on the National Register
of Historic Places, or identified as contributing in the nomination
to the National Register of Historic Places for the Elverson Historic
District, or identified in the Chester County Historic Sites Survey.
B.
A structure that is:
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
(3)
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By an approved state program as determined by the Secretary
of the Interior.
(b)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION
An accessory use constituting entirely or partly the livelihood of person(s) living in a dwelling unit, when in accordance with §
290-1213 of Chapter
290, Zoning, of this Code.
A.
MINOR HOME OCCUPATION (No-impact home-based business)A business or commercial activity administrated or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with the residential use. (MPC Section 107.)
B.
MAJOR HOME OCCUPATIONA major home occupation exceeds the minimum requirements of a no-impact home-based business; for example, a home occupation that includes employees that are not residents of the dwelling unit in which the home occupation is located.
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,
subject to the provisions of the Pennsylvania Uniform Planned Community
Act of 1996.
HOSPITAL
An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients
and injured persons and licensed by state law to provide facilities
and services in surgery, obstetrics and general medical practice.
A hospital is typically capable of and permitted to provide twenty-four-hour
emergency services or overnight lodging of patients.
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services or accessory uses,
including but not limited to restaurants, meeting rooms, and recreational
facilities made available to patrons.
IMPERVIOUS COVER OR COVERAGE
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to: structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, decks, swimming pools,
tennis or other paved courts; or athletic play fields comprised of
synthetic turf materials. Compacted soils or stone surfaces used for
vehicle parking and movement shall be considered impervious. Surfaces
that were designed to allow infiltration (i.e., areas of permeable
pavement) will be considered on a case-by-case basis by the Municipal
Engineer, based on appropriate documentation and condition of the
material, etc. See Figure 2-6.
Figure 2-6: Impervious Cover
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IMPROVEMENT
The construction of any type of structure, facility and/or
pavement, including but not limited to grading, paving, curbing, streetlights,
street signs, fire hydrants, water mains, sanitary sewer mains (including
laterals to the street right-of-way line), storm drains (including
all necessary structures), sidewalks, street trees, and monuments.
INDUSTRIAL, LIGHT
Light industrial is defined as the creation, assembly, maintenance,
disassembly, and recycling of products that are originally created
products and materials that are commercially available in the marketplace.
Examples of products and materials that are commercially available
in the marketplace include fabrics, leather, paper and cardboard,
plastic, glass, wood, paints and coatings, adhesives, pigments, dyes,
colorants and other commonly-used industrial chemicals. Examples of
uses which would be permitted in this category include the fabrication
and assembly of wooden sheds, gazebos, lawn and patio furniture, and
playground equipment; manufacturing of stationary, cardboard boxes
and cartons, and packaging products. Additional examples of light
industrial include manufacturing and packaging of pharmaceutical products,
food products; bottling or packaging of dairy products; the manufacturing,
assembly and repair of professional, scientific, and electronic instruments;
jewelry and watch manufacturing and repair; and the fabrication and
assembly of office equipment, electrical appliances and electric or
electronic equipment. Light industrial also includes metal-working
and metal fabrication processes that involve machining, welding and
polishing operations and production of paints, coatings, sealants
and adhesives that are used by virtually all industrial sectors. The
definition of light industrial specifically excludes the manufacturing
of iron, steel or other high-volume metals, rendering or slaughtering
yards, and other heavy industrial operations, including but not limited
to chemical or pesticide manufacturing, metal foundries, saw mills,
and salvage yards.
INSTITUTIONAL USE
A building or grounds, typically open to or available to
the public by a public, nonprofit or governmental agency, including
but not limited to libraries, fire companies, police headquarters,
municipal uses, and similar uses.
ISOLATION DISTANCES
A circular area around a well whose radius conforms to PADEP
and Chester County Health Department standards.
JUNKYARD
An area of land, with or without buildings, used for outdoor
storage of used and discarded materials, including but not limited
to house furnishings, machinery, vehicles, or parts thereof, with
or without the dismantling, processing, salvage, sale or other use
or disposition of the same. The deposit or storage on a lot of three
or more unlicensed, wrecked or disabled vehicles or the major part
thereof shall be deemed to constitute a "junkyard."
KENNEL
A use that is the principal use of land on which animals
(excluding livestock, horses or poultry) are kept, boarded, raised,
bred, treated or sold for a fee, including, but not limited to, dogs
or cats. This use shall include but is not limited to commercial kennels
or boarding kennels in accordance with applicable state laws. For
the purpose of this definition, the production of more than two litters
in any calendar year shall be considered breeding.
LABORATORY
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
LAND DEVELOPMENT
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
tenure.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, commons areas,
leaseholds, condominiums, building groups, or other features.
C.
Development plan in accordance with Section 503(1.1) of the
Municipalities Planning Code.
LAND DISTURBANCE
Any activity which exposes soils or alters topography, except
for removal of hazardous or invasive alien vegetation (see definition
of "woodland disturbance"). Customary agricultural practices, such
as tilling, plowing, mowing and harvesting are excluded from the definition
of "land disturbance."
LANDOWNER
The legal or beneficial owner of land, including the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if they are authorized
under the lease to exercise the rights of the landowner, or other
person having a propriety interest in the land.
LANDSCAPING
Living vegetative material required upon all lots, except
where agricultural production or gardens are permitted, so as not
to leave bare dirt exposed to erosion, including but not limited to
grass and other plantings such as ground covers, trees and shrubs.
LAUNDROMAT
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use.
LICENSE
According to usage:
A.
When applied to mobile home parks, shall mean written approval
to operate and maintain a mobile home park by Elverson Borough, a
prerequisite of which shall be approval by the Department of Health
and compliance with all applicable regulations of this or other applicable
ordinances.
B.
When applied to erection of signs, shall mean written approval
by Elverson Borough, a prerequisite of which shall be compliance with
all applicable regulations of this and other applicable ordinances
and the posting of a liability insurance policy or an indemnity bond
in an amount set by resolution and payable to Elverson Borough in
a form satisfactory to the Borough Solicitor.
LIGHTING
Any method or equipment used to provide artificial illumination.
A.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade or provides backlighting for recessed faces.
B.
DIRECT or FLOODThat form of lighting wherein the source is visible or the light is distributed directly from it to the object to be illuminated.
C.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LOADING SPACE OR AREA
A space, 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.
Figure 2-7: Lot Diagram
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LOT AREA
The total horizontal area of land contained within the legal
limits of the property lines bounding a lot, excluding any portions
thereof within a street right-of-way.
LOT LINE
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the lot line for such portion of the lot as abuts such street shall
be deemed to be the same as the street line and shall not be the center
line of the street or any other line within the street lines even
though such may be the property boundary line in a deed.
A.
FRONT LOT LINEThe line separating the lot from the street right-of-way. See Figure 2-19.
B.
REAR LOT LINEThe property line in the rear yard, except in the case of a double frontage lot where it shall be the right-of-way line of a street. See Figure 2-19.
C.
SIDE LOT LINEThe property line in the side yard, except in the case of a corner lot the right-of-way line of the street. See Figure 2-19.
LOT WIDTH
The distance, in feet, between the two opposite side lot
lines, measured at the building line. See Figure 2-19.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change in direction of a single
street the interior angle of which is not greater than 135°. See
Figure 2-7.
LOT, COVERAGE
The percentage of lot area covered by any and all improved
or hardened materials, such as buildings, paved parking areas, paved
walks, terraces and similar surfaces which do not normally absorb
rainfall.
LOT, INTERIOR
Any lot which only has access to a street by either an easement
or right-of-way and may be characterized as "landlocked"; or any lot
which has limited frontage to a street by virtue of being "flag-shaped."
See Figure 2-7.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on two generally
parallel streets with vehicular access only from the minor street.
See Figure 2-7.
LUMBERYARD
A use that primarily includes the retail sale of lumber,
hardware, and home improvement goods to the general public.
MANUFACTURING
Uses involved in processing and/or converting of raw unfinished
or finished materials or products, or of any combination, into an
article or substance of a different character or for use for a different
purpose; or the refinishing of manufactured articles.
MAP, OFFICIAL
A plan, legally adopted by Borough Council, of officially
dedicated, ordained, opened or platted streets; existing parks and
other public properties; or those proposed for acquisition by the
Borough by condemnation, purchase, dedication, or otherwise. See "Official
Map."
MASSAGE
Services that involve massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy, operated by a medical practitioner, chiropractor
or professional physical therapist licensed by the Commonwealth of
Pennsylvania. This definition applies to any athletic club, school,
gymnasium, reducing salon, spa or similar establishment where massage
or similar manipulation of the human body is offered as an incidental
or accessory service.
MEADOW
A plant community or area of vegetation dominated by grasses
and/or forbs, often managed through annual or seasonal mowing.
MEDICAL OFFICE OR CLINIC
A use involved in the examination and treatment of persons
as outpatients by licensed physicians or medical specialists practicing
medicine during office hours. Uses providing overnight lodging of
patients or prolonged surgical procedures (inpatient) shall not be
considered medical clinics. Medical clinics may include limited secondary
facilities such as laboratory facilities and pharmacies to service
patients. Medical clinics may include but not be limited to urgent
medical care centers and facilities offering minor medical treatment
for illnesses or minor outpatient surgeries.
MINOR OR MAJOR SUBDIVISION AND/OR LAND DEVELOPMENT
A.
Minor subdivision or land development. Any subdivision or land
development where:
(1)
No public improvement intended to be dedicated to the Borough
is to be constructed, with the exception of public water or sewer
lines.
(2)
No street, public or private, is to be constructed, improved
or widened.
(3)
No land disturbance/earthmoving activities will take place except
those incidental to construction of a single-family dwelling on a
single lot or a two-family dwelling on one or two lots.
(4)
No more than five lots are proposed.
(5)
No further subdivision can occur within the resulting lots.
(6)
Lot line adjustments are made where no development is proposed.
B.
Major subdivision or land development. Any subdivision or land development not considered minor in accordance with Subsection
A of this definition above.
MINOR REPAIR
The replacement of existing materials for the purpose of
its routine maintenance and upkeep, but not including the cutting
of any structural beam or bearing support, or the removal or change
of any required means of egress or rearrangement of parts of a structure
affecting the exitway requirements; nor shall minor repairs include
alteration, replacement, or relocation of any standpipe, water supply,
sewer, drainage, drain, leader, gas, oil, waste, vent or similar piping,
electric wiring work affecting public health or general safety.
MITIGATION
An action undertaken to accomplish one or more of the following:
A.
Avoid and minimize impacts by limiting the degree or magnitude
of the action and its implementation.
B.
Rectify the impact by repairing, rehabilitating or restoring
the impacted environment.
C.
Reduce or eliminate the impact over time by preservation and
maintenance operations during the life of the action.
MIXED USE
More than one principal use on a single lot or tract or within
a single building ("mixed-use building").
MIXED-USE BUILDING
Buildings that include more than one category of principal
use. Typical configurations include retail stores, offices or personal
service shops on the first floor with offices, studios or residential
dwelling units above.
MOBILE (MANUFACTURED) HOME
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit, capable of again being separated
for repeated towing on its own axles. A mobile home is 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 but with the same, or equivalent, electrical plumbing and
sanitary facilities as for a conventional dwelling. A mobile home
may be referred to as a manufactured home. This term does not include
recreational vehicles or travel trailers. Such designation shall in
no way alter the intent of this chapter.
MOBILE (MANUFACTURED) HOME LOT
A parcel of land in a mobile (manufactured) home park, improved
with the necessary utility connections and other appurtenances necessary
for the erections thereon of a single mobile (manufactured) home.
MOBILE (MANUFACTURED) HOME PARK
Any lot, parcel, contiguous parcels, or tract of land designated,
maintained, improved or intended for the purpose of supplying a location
for or accommodation of two or more mobile home lots or upon which
more than one mobile home is provided or located, whether or not a
charge is made for the use of the mobile home park and its facilities,
and shall include all buildings and structures used or intended for
use as part of the park. A mobile home park shall not include a mobile
home sales lot upon which unoccupied mobile homes are parked for the
purpose of inspection or sale.
MORTUARY
A use involved with the provision of services, including
preparing human remains for burial and arranging and managing funerals.
MOTOR VEHICLE
Any automobile, van, recreational vehicle, racing car, bus,
motorcycle, or any motorized means of human transport or any part
thereof, regardless of functional condition or state of repair.
MUNICIPAL FACILITY/USE
Any building, structure or use of land by Elverson Borough
or a municipal authority/commission created by the Elverson Borough
Council.
NONCONFORMING LOT
A lot which does not conform to the area or bulk regulations
of the district in which it is located, either at the time of the
enactment of the Zoning Ordinance or as a result of subsequent amendments
thereto, but which did not violate such regulations prior to the enactment
of such ordinance or amendments.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply with the applicable area and bulk provisions in Chapter
290, Zoning, or amendments thereto, where such structure lawfully existed prior to the enactment of that chapter or amendments thereto.
NONCONFORMING USE
A use whether of land or of a structure which does not comply with the applicable use provisions of Chapter
290, Zoning, or amendment thereto, where such use was lawfully in existence prior to the enactment of that chapter or amendments thereto.
OFFICE
Business, administrative or professional office, including
but not limited to architects, engineers, accountants, attorneys,
planners, real estate brokers, and insurance agents.
OFFICE OF A CONTRACTOR OR CRAFTSMAN
An office, generally of a registered or licensed contractor
or craftsperson, which serves primarily as the administrative office
of the business owner, but may also be used for business consultations
in addition to minor storage of materials and minor repair, serving
of items, or construction of materials on site. This use may include
but shall not be limited to the office of a plumber, carpenter, HVAC
professional, or electrician.
OFFICIAL MAP
The most current version of the Official Map and ordinance
adopted by the Borough.
OLD FIELD
An area undergoing natural succession characterized by the
presence of grasses, forbs, shrubs and small trees (seedlings) whose
branches do not form a complete or nearly complete aerial canopy.
OPEN SPACE MANAGEMENT PLAN
A plan which provides for the long-term management over time of private, public or common open space, in accordance with §
290-1226 of Chapter
290, Zoning, of this Code.
OPEN SPACE, COMMON
Required areas within a development consisting of a parcel
or parcels, designated land or water, or a combination of land and
water, which is restricted from further subdivision or development
for other than open space purposes permitted in accordance with this
chapter for the use or enjoyment of residents of a development, excluding
streets, off-street parking areas, private yards, and areas set aside
for public water and wastewater systems owned and operated by Elverson
Borough and/or the Elverson Borough Authority.
OUTDOOR DINING
An outdoor area of an associated restaurant, used for the
express purpose of providing outdoor seating for patrons where food
and/or beverages from the associated use are consumed on the premises
at tables, chairs, or other furnishings in an area directly abutting
and adjacent to and upon the same lot as the restaurant. Outdoor dining
is typically located adjacent to a public street or a parking area,
in most cases on a sidewalk. Outdoor dining does not refer to outdoor
dining-in areas not adjacent to a street or parking area, to the rear
of the principal structure, or enclosed dining facilities with open
windows.
OUTDOOR DISPLAY
An outdoor area of a tract utilized for purposes of displaying
articles for sale as part of a retail establishment, typically on
a sidewalk, front walkway, or otherwise in front of the associated
business. Display areas shall not include outdoor storage as defined
herein.
OUTDOOR STORAGE
The keeping of goods or materials for present or future use,
in an unenclosed outdoor area, including, but not limited to, building
products, raw materials, parts, machinery and storage containers kept
in the same place for more than 24 hours, excluding outdoor display
areas as defined herein. Outdoor storage shall include that which
is contained within containers, trailers or similar vehicles.
PARK
A tract of land designated and used for public active or
passive recreation, typically owned and operated by a municipality
or nonprofit organization.
PARKING
The following definitions are associated with on- and off-street
parking:
A.
PARKING, CONNECTEDTwo or more required off-street parking lots on adjacent parcels that are connected across parcel lines as required and where permitted in accordance with the regulations of this chapter.
B.
PARKING, FEE-IN-LIEUA fee provided for some or all required off-street parking where permitted in accordance with the regulations of this chapter.
C.
PARKING, ON-STREETParking for motor vehicles within the road right-of-way, typically parallel to the curbline.
D.
PARKING, OFF-STREETParking for motor vehicles outside of a road right-of-way as an accessory use required for each use to serve the parking requirements and needs of the associated use(s).
E.
PARKING, OFF-SITEOff-street parking for a use that is not located on the same lot as the building for which the parking is required, where permitted.
F.
PARKING, PRIVATEA parking lot for the exclusive use of the owners, occupants or visitors of the lot on which the parking area is located.
G.
PARKING, PUBLICParking spaces made available to the public by the municipality or a private organization or business for free or for a fee, including but not limited to parking lots or on street parking that is not required to fulfill parking requirements associated with a specific use.
H.
PARKING, RESERVEA portion of required off-street parking spaces that may not be initially required to be built for a given development, in accordance with the applicable regulations of this chapter.
I.
PARKING, SHAREDRequired off-street parking that is shared between more than one use in accordance with the applicable regulations of this chapter.
J.
PARKING LOTAn off-street ground-level paved area designed and used for the parking of vehicles that shall include but not be limited to parking spaces, aisles, maneuvering space, interior islands, buffers and access driveways but not include loading and unloading areas.
PASTURE
A plant community or area of vegetation dominated by grasses
which is actively or periodically grazed by livestock or which is
managed through mowing to maintain the appearance and vegetative characteristics
of pasture.
PEDESTRIAN ORIENTED DESIGN
The design of communities, neighborhoods, streetscapes, buildings,
crosswalks, and other uses that promotes pedestrian comfort, safety,
access and visual interest.
PEDESTRIAN WALKWAY
An improved surface, primarily for use by pedestrians, typically
located outside of the road right-of-way. A walkway is generally used
for pedestrian transportation between buildings and parking areas
or sidewalks, within parking lots, between buildings on a parcel or
within a development, or between adjacent use, developments or facilities.
PERMEABLE (PERVIOUS) SURFACE
A surface that presents an opportunity for precipitation
to infiltrate into the ground, including any surface not considered
an impervious surface and when approved by the Borough Engineer.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
PERSONAL SERVICE SHOP
A commercial establishment primarily engaged in providing
services involving the care of a person or his or her apparel or merchandise
and offering only limited, if any, products for sale, including, but
limited to, barbershops, salons, tanning salons, tailors, optometrists,
beauticians, repair of electronic goods, bicycle repair, and other
similar uses.
PLACE OF WORSHIP
A building or structure, or groups of buildings or structures,
which by use, design and construction are primarily intended for the
conducting of organized religious services and accessory uses.
PLAN, AS-BUILT
A revised working drawing corrected to show all changes in
design, sizes or location which may have been made during actual construction.
PLAN, UTILITIES
A plan prepared by a registered engineer or surveyor, showing
location, sizes and types of all water, gas, cable television, and
electric lines; all sanitary sewer mains (profiles and laterals);
all storm sewers and gradients; all streetlights and fire hydrants;
all service connections; and all data pertaining to existing or proposed
facilities.
PLANNING COMMISSION
The Planning Commission of Elverson Borough duly appointed
by Elverson Borough Council.
PLAT, RECORD
A plan of streets and lots prepared by a registered engineer
or surveyor, showing all information required for legal description,
layout and other data necessary for recording in the office of the
Chester County Recorder of Deeds.
PRIVATE
Not publicly owned, operated, controlled or available for
use to the general public.
PRIVATE CLUB AND/OR FRATERNAL INSTITUTION
This use may include land, buildings and/or structures for
meetings, social quarters, restaurants, recreation facilities, and
other similar uses provided that all services shall be provided solely
for members and their guests, and no particular activity shall be
permitted that is customarily carried on as a business. Applicable
institutions include associations of persons for some common nonprofit
activity, but not including groups organized primarily to render a
service which is customarily carried on as a business and shall include,
but not limited to, the Boy Scouts, Girl Scouts, Elks Club, Fraternal
Order of Police, Military Veterans Association, Swim Clubs, YMCA,
and similar groups.
PRIVATE GARAGE
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.
PUBLIC
Owned, operated or controlled by a government agency (federal,
state or local), including a corporation and/or board created by law
for the performance of certain specialized governmental functions
or a use available for use by and to the general public (i.e., not
a private club, use or organization or a commercial for-profit use).
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough
Council, planning agency, or Zoning Hearing Board, intended to inform
and obtain public comment prior to taking action in accordance herein.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
PUBLIC NOTICE
A notice published in accordance with the Municipalities
Planning Code.
PUBLIC USE
Public and semipublic uses generally of a welfare or educational
nature that are open and available to the general public, including,
but not limited to, hospitals, schools, parks, churches, cemeteries,
municipal buildings, and recreational facilities.
PUBLIC UTILITY CORPORATION
A corporation registered and regulated by the Pennsylvania
Public Utility Commission, which is engaged in regularly supplying
the public with a commodity or service which is of public consequence
and need, such as electricity, gas, water, transportation or communications.
PUBLIC UTILITY SERVICE STRUCTURES AND FACILITIES
Electric substations, sanitary sewer lines, waterlines, fire
hydrants, streetlights, storm sewer lines, manholes, inlets, catch
basins, gas lines, electric lines, and other facilities of the same
general character, but excluding wireless communications towers and
communications facilities.
RECREATIONAL USE
A.
INDOOR RECREATIONAn entirely enclosed, indoor facility within a building or structure providing a source of amusement, entertainment or recreation. Indoor recreation may include but is not limited to bowling alleys, athletic courts (basketball, volleyball), indoor swimming pool, gyms for weight training and similar athletic training, indoor golf centers, indoor batting cages or any other similar use.
B.
OUTDOOR RECREATIONAn unenclosed or outdoor facility providing recreational opportunities. Outdoor recreation may include but is not limited to parks, open space, playing fields (football, soccer), miniature or pitch-and-putt golf courses, batting cages, swimming pools, athletic courts, or any other similar use.
RECREATIONAL USE, COMMERCIAL
A commercial business or nonprofit organization where recreational
facilities are provided in an entirely enclosed, indoor facility within
a building or structure providing a source of amusement, entertainment
or recreation available for a fee. Indoor recreation may include but
is not limited to athletic courts, indoor swimming pool, gyms for
weight training and similar athletic training (martial arts, yoga,
spinning, etc.) or other similar use.
RECREATIONAL VEHICLE
A vehicle which is: (i) built on a single chassis; (ii) not
more than 400 square feet, measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; (iv) not designed for use as a permanent dwelling but is temporary
housing quarters for recreational, camping, travel or seasonal use.
RECYCLABLE
Reusable material, including, but not limited to, clear glass,
colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, plastics, electronic waste, and
other materials designated as recyclable under the Pennsylvania Municipal
Waste Planning, Recycling and Waste Reduction Act.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
RESIDENTIAL CONVERSION
The conversion of a single-family residential dwelling into
two or more dwelling units.
RESTAURANT
A place of business serving food and beverages and providing
table, sit-down or take-out service.
RETAIL STORE
A commercial establishment primarily involved in the direct
sale of goods to the general public, including but not limited to
clothing, food, beverages, prescription drugs, bicycles, furnishings
and other household supplies, jewelry, flowers, timepieces, musical
instruments, scientific instruments, antiques, books and variety merchandise.
RETENTION BASIN
A reservoir, formed from soil or other material, designed
to permanently retain stormwater runoff from a specified area as defined
by this chapter. Retention basins always contain water and include
man-made ponds and lakes.
RIGHT-OF-WAY
Area of land or water reserved or dedicated for any public
or private access or utility purpose.
RIGHT-OF-WAY, STREET
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
RIPARIAN BUFFER
An area of land adjacent to a body of water and managed to
maintain vegetation to protect the integrity of stream channels and
shorelines, to reduce the impact of upland sources of pollution by
trapping, filtering and converting sediments, nutrients and other
chemicals, and to supply food, cover and thermal protection to fish
and other aquatic species and wildlife. See Figure 2-8.
Figure 2-8: Riparian Buffer (Forested)
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SCREEN (SCREENING)
The use of plant materials, fencing, walls or berms to aid
in the concealment of such features as parking areas and the vehicles
within them, and to provide a vertical barrier between land uses which
abut one another.
SCREEN, ARCHITECTURAL
A structure, the design and construction of which is compatible
with that of the principal dwelling or structure on the lot, including,
but not limited to, a fence or wall constructed to screen a use from
an adjacent use or to create privacy for a designated space on a lot.
SCREEN, EFFECTIVE VISUAL
Any arrangement of structural or vegetative materials capable
of diverting or interrupting a clear view of an object or activity,
but not necessarily 100% opaque during all seasons of the year.
SEDIMENT
The silt or small soil particles held or carried in suspension
by water, including that which is thus deposited at a lower level.
SEDIMENT BASIN
A temporary dike or earth embankment downstream from an area
of development, construction, grading, or other activity disturbing
the natural surface, which serves to regulate stormwater flow and
trap sediment erected on the same property which is disturbed or developed.
SELF-STORAGE FACILITY
A commercial facility, including a structure or structures
containing separate, individual and lockable private storage spaces
of varying sizes leased or rented on an individual basis for the storage
of tangible personal property.
SETBACK
The required distance an object shall be placed from another referenced point as specified by individual requirements within this chapter. Setbacks include but are not limited to required minimum yards, accessory use setbacks, or other setbacks for specific uses in Article
XII, Supplemental Use Regulations, of Chapter
290, Zoning, of this Code.
SEWAGE
Any substance that contains any of the waste products or
excrementitious matter or other discharge from the bodies of human
beings or animals and laundry, bathroom and kitchen wastewater.
SEWAGE FACILITIES OR SYSTEMS
A.
INDIVIDUAL ON-SITEAn individual sewage disposal system as defined and regulated by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
B.
COMMUNITY SYSTEMA sanitary sewage system which carries sewage from individual dischargers 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. Community systems are typically constructed to serve a specific subdivision or land development.
C.
PUBLIC SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed to a publicly-operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection. Public systems are typically owned and/or operated by a municipality and have a broad service area.
SIDEWALK
A pedestrian route, typically constructed of concrete and
parallel to a street that provides a means for pedestrians to travel
within the public right-of-way while physically-separated from vehicular
traffic. Sidewalks are designed for pedestrian use.
SIGHT DISTANCE
The unobstructed length of street visible to the driver of
a vehicle.
SIGN
A structure, building, wall or other outdoor surface, or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify or publicize the name, product or service of any person or use. Additional sign definitions and figures are located in §
290-1304 and at the end of Article
XIII of Chapter
290, Zoning, of this Code.
SILVICULTURE
The development and/or maintenance of a forest or wooded
preserve.
SITE
A lot, tract or parcel of land on which grading, construction
or land development is taking place or is proposed to take place;
the location of the work.
SITE ANALYSES
Investigation, study and documentation of property proposed
for subdivision and/or land development and adjacent areas, including
review of established information sources as well as on-site investigation,
in accordance with the provisions of this chapter.
SLOPE
The ratio of the change in elevation over the horizontal
distance as measured between consecutive contour lines, expressed
as a percentage.
A.
SLOPES, MODERATEAreas where the slope measured between consecutive contour intervals is greater than 15% and less than 25%.
B.
SLOPES, STEEPAreas where the slope measured between consecutive contour intervals is greater than or equal to 25%.
Such measurements shall be based upon mapping of contour lines at the minimum interval applicable in accordance with § 290-1004 of Chapter 290, Zoning, of this Code.
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SPA
A personal service shop that specializes in providing certified
therapeutic and personal grooming services, including haircuts and
styling, waxing, facial treatments, body therapies such as massage,
and nail treatments by providers licensed by the Commonwealth of Pennsylvania.
SPECIAL EXCEPTION
A use which is not permitted by 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.
SPECIFIED SEXUAL ACTIVITIES
A.
Acts of masturbation, homosexuality, sexual intercourse, sexual
bestiality, or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such a person be female, breasts.
B.
The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
C.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
SPECIMEN TREE
Any tree equal to or exceeding 24 inches' diameter at breast
height (dbh).
STATUTORY REVIEW PERIOD
The period of time within which the Borough Council must
grant approval or issue denial to a given plan as established by the
Pennsylvania Municipalities Planning Code.
STORAGE
The deposit of goods, materials or products intended for
future disposition.
STORAGE CAPACITY
The volume of silt or water capable of being impounded in
a sediment, detention and/or retention basin after deducting the required
freeboard.
STORAGE GARAGE
A building, not a private or public garage, one story in
height, used solely for the storage of motor vehicles (other than
trucks), but not for the service or repair thereof nor for the sale
of fuel, accessories or supplies.
STORMWATER
Any precipitation, but usually rainfall, which is sufficient
to flow on any natural or man-made surface; frequently termed "runoff."
STORMWATER ORDINANCE
The most current version of the Stormwater Ordinance adopted by the Borough; see Chapter
225, Stormwater Management, of this Code.
STORY
That portion of a building comprised between the surface
of any floor and the surface of any floor or roof next above.
STREET
A public (dedicated) or private (not dedicated) 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 further classified
within the Elverson Borough Comprehensive Plan.
STREET LINE
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally open
or officially platted; or between a lot and a privately-owned street,
road or way over which the owners or tenants of two or more lots,
each held in single and separate ownership, have the right-of-way.
STREET, MARGINAL ACCESS
A street used primarily as a means of access to abutting
residential lots with little or no through traffic.
STREET, PUBLIC
A public thoroughfare which has been dedicated and deeded
to the Borough and which affords the principal means of access to
the abutting property.
STREETSCAPE
The space formed by buildings located close to the street,
embellished with sidewalks, street trees, streetlights, hanging baskets,
decorative awnings, window boxes, planters, raised plantings, benches,
decorative lighting, decorative paving, curbs, street furniture, and/or
on-street parking. The streetscape is framed by generally two-story
buildings which create the "walls" of an "outdoor room" that is characteristic
of a traditional town center. The following associated definitions
coincide with items that assist in the formation of a streetscape:
A.
BENCHOutdoor seating provided as part of a streetscape to the public. See Figure 2-9.
Figure 2-9: Bench
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B.
BRICKS OR TEXTURED PAVINGPaving in the form of colored and/or stamped concrete, colored or patterns of brick pavers, and the like to provide visual interest as opposed to standard concrete paving, for example. See Figure 2-10.
Figure 2-10: Decorative Paving
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C.
DECORATIVE LIGHTINGLighting in addition to necessary streetlighting, required lighting for safety, or otherwise required that provides aesthetics to a streetscape at night. See Figure 2-11.
Figure 2-11: Decorative Lighting
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D.
HANGING BASKETA planter hung from a streetlight or cantilevered from a structure. See Figure 2-12.
Figure 2-12: Hanging Basket
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E.
RAISED PLANTINGA raised planting bed built either as part of a structure, a wall or freestanding to provide green space and aesthetics as part of a streetscape. See Figure 2-13.
Figure 2-13: Raised Planting
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F.
STREET PLANTERA planter placed at ground level to provide green space and decoration. See Figure 2-14.
Figure 2-14: Street Planter
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G.
WINDOW BOXA planter attached at the base of a window. See Figure 2-15.
Figure 2-15: Window Box
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H.
COURTYARDA public space smaller than a plaza. Smaller open spaces typically providing seating and landscaping where the public may use as a waiting area, eating lunch, having meetings, or enjoying the outdoors. See Figure 2-16.
Figure 2-16: Courtyard
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I.
PLAZAA public space larger than a courtyard. Larger open spaces serving the same function as a courtyard but may include larger grassed areas, more substantial landscaping, and areas for community gatherings, concerts or performances. See Figure 2-17.
Figure 2-17: Plaza
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J.
CIVIC SPACECivic spaces are primarily informal public open spaces spatially defined in part by landscaping and by buildings, either public or privately owned, but open to the public. Civic spaces typically provide a means of seating, whether through tables and chairs, benches or low seating walls serving as enclosures for landscaping or water features. A majority of the surface of civic spaces is paved, using concrete, in some cases decorative either through color, texture or pattern, or by brick pavers, flagstone or similar material. Civic spaces may include grassed areas, particularly for larger plazas, in addition to water features and informational kiosks. Landscaping and trees should be scattered throughout civic spaces in addition to landscaped planters or beds containing flowers, shrubs or other vegetation, particularly along the periphery of the space. Civic spaces may take the following forms: courtyard or plaza (see above).
STRUCTURAL ALTERATION
Any change in or addition to the supporting 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
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water,
whether or not affixed to land.
STRUCTURE, TEMPORARY
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
STUDIO
A building or portion of a building used as a place of instruction
where students are taught for a fee, including, but not limited to:
an art studio involved in the creation of products including but not
limited to art, crafts, paintings, pottery, wood products (woodworking);
or for instruction for art, photography, dance, music, linguistics,
athletics, martial arts, specific educational tutoring, or other similar
specialized subjects. A studio is not a public or private educational
use such as an elementary or high school pursuant to the review of
the State Board of Education.
SUBDIVIDER
A person who is the registered owner, or authorized agent
of the registered owner, of the land to be subdivided.
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 or easement of access or any residential
dwelling, shall be exempted.
SUBGRADE
Any finished surface or elevation of compacted fill or natural
earth upon which materials of construction are placed.
SUBSOIL
Clay, sand, gravel or other natural earth material below
the surface soil and low organic matter.
SUBSTANTIAL OR SUBSTANTIALLY CHANGE
A.
Any increase in the height of a wireless support structure by
more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
B.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
SUPPLEMENTAL DWELLING UNIT
An accessory secondary and subordinate dwelling unit within
or attached to a principal single-family detached residential dwelling
unit or within a detached accessory structure.
SWIMMING POOL
A structure, above or below ground level, for the purpose
of containing water to a depth, at any point, in excess of two feet
and intended primarily for recreation without regard to materials
of its construction.
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.
TRACT
One or more lots assembled for the purpose of unified development,
including but not limited to development under the Site Responsive
Residential Community Option and development of more than one principal
use on a single tract such as a shopping center, office or industrial
park.
TRAFFIC IMPACT STUDY
A study that assesses the impacts of a proposed development
on the existing and future multi-modal transportation network in a
community or a portion thereof. The study must recommend mitigation
techniques for the anticipated impacts and must analyze the adequacy
of the development's planned access points.
TRAIL
An improved facility generally constructed outside of a road
right-of-way to facilitate pedestrian and/or bicycle transportation.
Trails may include but are not limited to:
A.
SHARED-USE/MULTI-USE TRAILSA facility that is physically separated from the roadway and typically accommodates bidirectional travel by both cyclists and pedestrians. The trail can be located within a publicly owned right-of-way, an exclusive right-of-way, or an easement. Shared-use trails typically have an improved surface and recommended width (per AASHTO) of 10 feet, although a minimum width of eight feet may be used where space is constrained or in environmentally-sensitive areas.
B.
USE-RESTRICTED/SINGLE-USE TRAILSTrails that are primarily used for one form of travel or by one type of user, such as cyclists or pedestrians. These trails are typically paved or have an improved surface.
TRAIL SURFACE, IMPROVED
A man-made or placed material on the traveled part of the
trail, such as asphalt, concrete, stone dust, or similar surface,
but not a naturally occurring surface, such as dirt or grass or wood
chips.
TRAVEL TRAILER
Any vehicle used for temporary living or sleeping purposes
for transient use.
TREE PROTECTION ZONE
An area that is radial to the trunk of a tree in which no
construction activity can occur. See Figure 2-18.
Figure 2-18: Tree Protection Zone
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TRUCK TERMINAL
An area and/or building for the maintenance and storage of
trucks and where cargo is stored and where trucks load and unload
cargo on a regular basis.
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.
TURNAROUND
A paved area, usually but not necessarily circular, terminating
a cul-de-sac or single-access street.
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly or the most current version adopted by the Borough of Elverson
applicable to new construction in the Borough, whether administered
by the Borough, a third party, or the Department of Labor and Industry.
USE
Any purpose or activity for which a building or other structure
or a tract or lot of land may be designed, arranged, intended, maintained,
occupied or utilized.
USE, ACCESSORY
A building, structure, land or use thereof that is not a
principal permitted use, but which is clearly incidental and subordinate
to the associated principal permitted building, structure or use on
the same lot.
USE, BY-RIGHT
A use permitted without special considerations, conditions,
or hearings, so long as it is a named use permitted by right in the
district in which it is located and meets all of the applicable area
and bulk requirements in addition to other applicable requirements
of this Code.
USE, CONDITIONAL
A use which is not permitted by right and is not wholly appropriate to a zoning district, but may be suitable to a particular area when deemed appropriate in accordance with the criteria within Article
XVII of Chapter
290, Zoning, of this Code or any other applicable standards, with or without the imposition of conditions or restrictions under applicable standards, where approved by Borough Council after public hearing as provided in the Municipalities Planning Code.
USE, PERMITTED
All uses allowed in accordance with the provisions of this
Code.
USE, PRINCIPAL
The primary use of a lot. Except as specifically permitted
by this Code, there shall be only one principal use on each lot.
USE, SPECIAL EXCEPTION
A use which is not wholly appropriate to a zoning district,
but may be suitable to a particular area within a zoning district.
Special exceptions are allowed or denied by the Zoning Hearing Board
after considering standards and criteria set forth in this Code and
the Municipalities Planning Code.
USE, TEMPORARY
A use established and permitted for a fixed period of time
and discontinued upon the expiration of the time period specified.
VARIANCE
A modification of the regulations of the Zoning Ordinance granted by the Zoning Hearing Board on grounds of physical conditions or unnecessary hardship, not self-imposed, pursuant to the provisions of Chapter
290, Zoning, of this Code and the Municipalities Planning Code.
VEGETATION, PERMANENT
Perennial grasses, legumes, or other long-lived plant materials,
such as Crown vetch, Fescues, and Bluegrasses, etc., depending upon
the degree of refinement desired.
VEGETATION, TEMPORARY
Fast-growing grasses, usually annuals, such as rye, oats,
sudangrass or other appropriate cover to prevent erosion until permanent
vegetation can be installed.
VEHICLE REPAIR SHOP
Any land, structure or any building or part thereof that
is primarily used for the mechanical repair or servicing of vehicles
(including, but not limited to, changing oil and/or other liquids)
or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories
of automobiles and other vehicles of conveyance.
VEHICLE SALES AND SERVICE
The use of any building, land area or the premise for the
display, sale and leasing of new or used automobiles, trucks or vans,
trailers or recreational vehicles, including boats and motorcycles,
and which may include a vehicular repair shop as an accessory use
for warranty repair work and other repair service conducted as an
accessory use.
VEHICLE SERVICE STATION
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs, or the
storage for sale of new or used motor vehicles.
WAIVER
A modification to the requirements of this chapter granted
by Borough Council as provided in the Municipalities Planning Code.
WALKWAY, PUBLIC
Any space designed or maintained solely for public pedestrian
use, without regard to ownership.
WATER SUPPLY SYSTEMS
A.
INDIVIDUAL ON-LOT SYSTEMA safe and healthful supply of water to a single user from a private well located on the lot in which the use is located.
B.
COMMUNITY OR PUBLIC SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development or service area. The water supply source may be located on site and/or off site and may be publicly- or privately-owned.
WATERCOURSE
A permanent of intermittent stream or other body of water,
whether natural or man-made, which gathers or carries surface water.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, lakes, rivulets, dammed
water, ponds, springs, and all other bodies of surface water and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of the Commonwealth of Pennsylvania.
WETLANDS
Those areas that are inundated 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. More specifically, any area meeting the official
wetland definition of the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection (PADEP). Where a discrepancy
exists between the wetland definitions of the U.S. Army Corps of Engineers
and the Pennsylvania Department of Environmental Protection, the more
restrictive definition shall apply.
WHOLESALING
A commercial activity comprising the sale of commodities
in large quantities or in bulk, as to retailers or contractors, rather
than to individual consumers directly, including the warehousing,
loading and unloading, and shipping of such commodities.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The following definitions shall apply wherever found within this chapter but primarily apply to §
290-1231, Wireless communications facility (WCF), of Chapter
290, Zoning, of this Code, and thereby grouped together here:
A.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined herein.
B.
CO-LOCATIONThe mounting of one or more Wireless communication facilities, including antennas, on an existing tower-based wireless communication facility, or on any structure that already supports at least one non-tower wireless communication facility.
C.
COMMUNICATION TOWERA support structure and the reception and/or transmission antenna(es) upon it intended for transmitting or receiving radio, television, telephone or digital communications.
D.
DISTRIBUTED ANTENNA SYSTEMS (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
E.
FCCFederal Communications Commission.
G.
MONOPOLEA wireless communication facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
H.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)All non-tower wireless communications facilities, including but not limited to, antennas and related equipment. Non-tower WCF shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground-level.
I.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs and light poles.
J.
TOWERA structure, such as a lattice tower, guy tower or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment. The term includes microwave towers, common carrier towers and cellular telephone towers on which is located one or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication.
K.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
L.
WIRELESS COMMUNICATIONS FACILITY (WCF)The antenna, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing or accommodating wireless communications services.
N.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement for installation of a wireless communications facility if approved by the Borough.
O.
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
WOODLAND
Any land area of at least 0.25 acre with a natural or naturalized
ground cover (excluding manicured turf grass) and that has an average
density of two or more viable trees per 1,500 square feet with a DBH
of six inches or greater and where such trees existed at any time
within three years of the time of land development application submission
of the proposed project. The land area to be considered woodlands
shall be measured from the outer driplines of the outer trees. Woodlands
shall include any area where timber has been harvested within the
previous three years and/or woodland disturbance has occurred within
the previous three years which would have met the definition of woodland
prior to timbering or disturbance. Woodlands do not include orchards,
hedgerows, or old fields.
WOODLAND DISTURBANCE
A.
Any activity which alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, woody and herbaceous
woodland floor species.
B.
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland or hedgerow.
C.
Woodland disturbance does not include the selective cutting
or removal of invasive alien trees, shrubs, vines or herbaceous species
including; Rosa multiflora (Multiflora rose), Eleagnus umbellata (Autumn
olive), Lonicera japonica (Japanese honeysuckle), Celastrus orbiculatus
(Oriental bittersweet), Acer platanoides (Norway maple) and Polygonum
perfoliatum (Mile-a-minute weed).
YARD
An open, unoccupied space, except for permitted accessory
structures or uses, situated between the nearest portion of the principal
structure and the adjacent lot line.
Figure 2-19: Yard
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YARD, FRONT
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the minimum
required setback line. See Figure 2-19.
YARD, REAR
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the minimum
required setback line. See Figure 2-19.
YARD, REQUIRED MINIMUM
The minimum required depth of a yard as specified in the
zoning districts in this Code. The remaining portion of the lot (interior)
exclusive of the required minimum yards is referred to as the building
envelope where a principal structure or structures may be placed.
YARD, SIDE
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the minimum
required setback line. See Figure 2-19.
ZONING
The designation of specified districts within a community
reserving them for certain uses together with limitations on lot size,
density, heights of structures and other stipulated requirements.
ZONING MAP
The Official Zoning Map of the Borough of Elverson, Chester
County, Pennsylvania.
ZONING OFFICER
The municipal officer charged with enforcing the literal
terms of this chapter.
ZONING ORDINANCE
The Zoning Ordinance of the Borough of Elverson; Chapter
290, Zoning, of the Code.
ZONING ORDINANCE AMENDMENT
An addition, revision or deletion to the Elverson Borough
Zoning Ordinance text and/or Elverson Borough Zoning Ordinance Map.
The authority for any amendment lies solely with the Borough Council.
ZONING PERMIT
A document signed by a Zoning Officer as required and defined
in this Code.