Township of Valley, PA BACKGROUND PROVISIONS

Editor's Note: See 53 P.S. § 10101 et seq.

Editor's Note: See 35 P.S. § 750.1 et seq.

Editor's Note: See Ch. 22, Subdivision and Land Development.

Editor's Note: The Zoning Map is on file in the Township offices.

[Ord. No. 2015-01, 6/22/2015; as amended by Ord. No. 2018-01, 5/16/2018; by Ord. No. 2019-06, 9/3/2019; by Ord. No. 2020-02, 8/18/2020; by Ord. No. 06-2022, 12/20/2022; by Ord. No. 02-2023, 2/21/2023; by Ord. No. 02-2024, 3/19/2024]

Word Usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section.

Language Interpretation. In this chapter, when not inconsistent with the context:

Words in the present tense imply also the future tense.

The singular includes the plural.

The male gender includes the female gender.

The term "shall" or "must" is always mandatory.

Specific Words and Phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public street and a tract or tracts of land containing a nonresidential use or multiple-family dwellings.

ACCESSORY RESIDENTIAL QUARTERS ATTACHED (aka "in-law suite" or "granny flat")

A subordinate residential use that is located on the same lot as a principal single-family detached dwelling, is physically attached to the principal dwelling, and is for occupancy by the lot owner, a relative(s) of the owner of the subject lot, or a caregiver of the lot owner. For purposes of this definition, a relative shall be related by blood, marriage, or adoption and shall be a parent, grandparent, sibling, child, grandchild, aunt, uncle, niece or nephew.

ACCESSORY RESIDENTIAL QUARTERS DETACHED (aka "in-law suite" or "granny flat")

A subordinate residential use that is located on the same lot as a principal single-family detached dwelling, is not physically attached to the principal dwelling, and is for occupancy by the lot owner, a relative(s) of the owner of the subject lot, or a caregiver of the lot owner. For purposes of this definition, a relative shall be related by blood, marriage, or adoption and shall be a parent, grandparent, sibling, child, grandchild, aunt, uncle, niece or nephew.

ACCESSORY USE

See "use, accessory."

ACT

The Pennsylvania Municipalities Planning Code, as amended.[1]

ADULT-RELATED FACILITIES

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(1)

ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by or under the supervision of medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(2)

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(3)

ADULT BOOKSTOREAny establishment which has as a substantial or significant portion of its stock-in-trade:

(a)

Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; or

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(4)

ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5)

ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation including exercises, heat and light treatments of the body and all forms and methods of physiotherapy unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(6)

ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(7)

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(9)

ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(10)

ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or anatomical areas.

(11)

ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.

(14)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specific sexual activities or by exposure of specified anatomical areas for observation by patrons.

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture, agronomy, silviculture, aquaculture, and gardening, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses.

AIRPORT

Any area of land which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings, air navigation facilities, rights-of-way and related uses thereto that support operation of the airport; and any use permitted in the Planned Development Zone. "Airport," as defined herein, shall be a public use airport, with paved, lighted runways, which is subject to applicable federal and state regulations, and shall not include heliports, unless located at the existing Chester County Airport.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters or enclosing walls. Any renovation to a building which would change its use.

ALTERNATIVE ENERGY PRODUCTION

Energy generated from a source other than fossil fuels that is considered renewable and does not use up natural resources or harm the environment, namely by producing lower carbon emissions, including but not limited to biomass, solar, wind, hydroelectric, and geothermal sources.

AMUSEMENT ARCADE

A place of indoor or outdoor entertainment or recreation with four or more of any combination of automatic, mechanical, electric or electronic machines or devices used or designed to be operated as a game of skill or chance, or for entertainment or amusement, by the insertion of a coin, token, money or other article, or by the payment of money to have it activated or to be admitted including, but not limited to, the following: electronic or water firing ranges, jukeboxes, merchandise machines, pool or billiard rooms, photographic machines, pinball machines, rides, skeeball, slot car races, video games or machines and devices.

ANIMAL HOSPITALS

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

AUDITORIUM

A large room or building, typically with a stage and tiered seating for an audience, for performances such as plays, operas, concerts, and lectures.

AUTOMOBILE SALES

Any building or land devoted to the retail sales of passenger vehicles, including accessory service and repair facilities if conducted within a wholly enclosed building.

AUTOMOBILE SERVICE

The retail service, maintenance, repair, and replacement of motor vehicles, including tires, brakes, mufflers, transmissions, windshields, car radios and sound systems, as well as mechanical repairs and vehicle upholstery, and auto bodywork and painting, but not including car washes.

BANK

A financial establishment in which money is kept for savings or commercial purposes, is invested, supplied for loans, and/or traded.

BASE FLOOD

A flood which has the likelihood of occurring once each 100 years or having one chance in 100 of occurring in any one year.

BED-AND-BREAKFAST

An accessory use to an owner-occupied single-family detached dwelling, where between one and five sleeping accommodations are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BEEKEEPING

The raising or keeping of bees within a man-made box (beehive) for hobby or business purposes.

BILLBOARD

A sign upon which advertising matter of any character is printed, posted or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed.

BOARD

The Zoning Hearing Board of Valley Township.

BOARDER

An individual other than a member of a family, occupying a dwelling unit or owning a lodging facility who, for compensation, is furnished sleeping accommodations within such dwelling unit or lodging facility and may be furnished meals or other services as part of the compensation.

BOARDING HOUSE

A building or portion thereof arranged or used for sheltering or feeding, or both, as a gainful business, more than five and not more than 10 individuals that do not constitute a family.

BREWERY or DISTILLERY

A facility where beer or liquor, respectively, is made.

BUILDABLE AREA

The portion of a lot within which a principal building can be constructed. The buildable area shall not include areas within the required yards. The buildable area shall be contiguous and generally regular in shape.

BUILDING

Any structure having a roof supported by enclosing walls and intended for shelter or enclosure of persons, animals or property.

(1)

DETACHEDA building which has no party wall.

(2)

SEMIDETACHEDA building which has only one party wall in common.

(3)

ATTACHEDA building which has two or more party walls in common.

BUILDING AREA

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of awnings and uncovered decks, uncovered porches, uncovered terraces and steps.

BUILDING HEIGHT

A building's vertical measurement from the grade plane to the highest point of the roof.

BUILDING LINE

The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUILDING SUPPLY STORE

A building or structure for the sale of home, lawn, and garden supplies, brick, lumber, and other similar building materials.

CAMPGROUND

A lot, tract or parcel of land upon which two or more campsites are located or established, intended or maintained for occupation by transients in recreational vehicles or tents.

CAMPSITE

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

CAREGIVER

An adult individual who has the responsibility for the direct care of the lot owner, either voluntarily, by contract, by court order or by receipt of payment, because of the lot owner's short- or long-term need for assistance with the tasks of daily living, due to the lot owner's illness, injury, disability or age of 60 years or older.

CAR WASH

A building or portion thereof which contains facilities for washing and cleaning motor vehicles. The term shall include: automatic car washes using production line methods with a conveyor, blower, and other mechanical devices; and self-service car washes using limited mechanized equipment.

CASINO

An establishment that offers, whether as an accessory or primary use, any form of legalized gambling authorized under the Commonwealth of Pennsylvania and limited to table games, slot machines, live card games, live card game tournaments, video poker, keno, and gambling machines. This use does not include adult-related facilities or uses.

CARPORT

A structure open on two or more sides used in association with a dwelling for the storage of private motor vehicles.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.

CHURCH AND RELATED USES

A building, structure or group of buildings or structures including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, cemeteries and church-related educational and/or day-care facilities.

CLUB, PRIVATE

A premises and/or building used by an organization catering exclusively to members and their guests for social, recreational and administrative purposes, provided there are no vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions as well as social and athletic clubs. These activities are provided only to club members and their guests. These facilities do not include golf courses. This use does not include amusement arcades, night clubs or adult-related facilities or uses.

CLUSTER DEVELOPMENT

An alternative development method wherein structures are arranged in closely related groups, reducing lot sizes, preserving land for open space, and permitting innovative site design.

CO-LOCATION

The mounting of one or more wireless communications facilities, including antennas, on an existing tower-based wireless communications facility, or on any structure that already supports at least one non-tower wireless communications facility.

COMMERCIAL KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.

COMMERCIAL RECREATION FACILITY

A premises and/or building operated as a business, open to the public, for the purpose of public recreation or entertainment including, but not limited to, bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades as defined herein.

COMMERCIAL SCHOOLS

An educational facility not operated by a public agency. The range of curriculums can include all levels of academic instruction, business and technical programs and artistic, dance, baton-twirling and musical training. Private educational institutions are principal uses that are neither home occupations nor day-care operations. These uses shall not include vocational and/or mechanical trade schools as defined in this chapter. Nursery schools shall be considered private educational institutions if they are operated as a business.

COMMON OPEN SPACE

That area within a development intended for the use and enjoyment of residents and/or the community at large, including all areas except individual building lot areas, buildings, public rights-of-way, public streets, common parking lots, floodplains, sewage treatment and disposal areas, wetlands, stormwater detention/retention basins, slopes of 33% or greater and easements that prohibit buildings and that are existing on the date the original development application is submitted. Impervious surface coverage shall not comprise more than 15% of the common open space unless otherwise approved by the Board of Supervisors.

COMMUNITY CENTER

A multifunctional building that provides a combination of social and recreational services to the public.

COMMUNITY FACILITY

The location at which public purpose needs are provided. Examples of such facilities include, but are not limited to, parks and recreation areas, libraries, municipal buildings, police and fire stations, schools, and ambulance and rescue buildings.

CONDITIONAL USE

A use which may not be appropriate to a particular zoning district as a whole but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been satisfied. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission in accordance with § 27-705 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONFERENCE CENTER

A multifunctional building intended for conventions, meetings, and relaxed exhibits of business associations, civic groups, and similar organizations, for training employees of a corporation or other organization, and similar uses.

CONSERVATION PLAN

A plan, including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land and regulated by the Valley Township Grading, Stormwater Management and Erosion and Sedimentation Control Ordinance.[2]

CONTROLLED-ENVIRONMENT AGRICULTURE

An agricultural operation in which the grower manipulates a crop's environment to the desired conditions by controlling such variables as temperatures, humidity, pH, and nutrient analysis.

CONVENIENCE STORE

A commercial use, principally engaged in the sale of retail goods for individual and household consumption, in a building of no more than 6,000 square feet gross floor area. Such a use shall be classified as a convenience store if, at minimum, it offers for sale the following items: groceries, household dry goods and prepared or takeout foods (hot and/or cold) intended for consumption off the premises. This use may be accompanied by a filling station as an accessory use as a conditional use.

CORD

A stack of wood four feet wide by eight feet long by four feet high.

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 Public Welfare, which shall prevail in the case there is a conflict:

(1)

DAY CARE, COMMERCIALA day-care facility that is a primary use in which care is provided at any one time for seven or more children unrelated to the operator. A child day-care center shall have a certificate of compliance ("license") from the Pennsylvania Department of Public Welfare in order to legally operate. This use is a nonresidential use.

(2)

DAY CARE, FAMILYA day-care facility that is operated in a detached single-family dwelling 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 Public Welfare in order to legally operate. This use is typically a home occupation.

(3)

DAY CARE, HOME CHILDA day-care facility that is operated in a detached single-family dwelling 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 Public Welfare. This use is typically a home occupation.

DECK

A platform attached to a building, which platform has no continuous walls that completely enclose the area, whether elevated or at ground level. An uncovered deck shall not be considered part of a building. A retractable awning shall not be considered a cover.

DENSITY

A term used to express the allowable number of dwelling units per acre of land.

(1)

DENSITY, GROSSThe number of dwelling units in relation to the area of land of a parcel in use or proposed to be used for residential purposes exclusive of perimeter public rights-of-way.

(2)

DENSITY, NETThe number of dwelling units in relation to the total tract area, exclusive of public rights-of-way, public streets, common parking lots, floodplains, sewage treatment and disposal areas, wetlands, stormwater detention/retention basins, slopes of 33% or greater and easements that prohibit buildings and that are existing on the date the original development application is submitted.

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, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DIAMETER AT BREAST HEIGHT

The outside bark diameter of a tree at breast height which is defined as 4.5 feet (1.37 meter) above the forest floor on the uphill side of the tree.

DISABILITY

A person's mental or physical impairment that has continued or can be expected to continue indefinitely, including:

(1)

A disability attributable to mental retardation, cerebral palsy, epilepsy, or autism, or such other condition closely related to mental retardation, because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or

(2)

Physical impairments, including blindness, hearing impairment, mobility impairment, HIV infection, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness.

DISABLED PERSON

A person with a disability.

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.

DOG DAY CARE

A short-term boarding kennel for dogs during the day with no overnight accommodations.

DOMESTIC PETS

The noncommercial keeping of not more than four adult nonfarm animals that are locally available for purchase as pets as an accessory use to a primary residential use.

DRIVE-THROUGH

An accessory use to a commercial establishment, typically to a fast-food restaurant, bank, or drugstore, wherein the patron is provided service or a product without leaving their vehicle.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public or private road and a tract or tracts of land serving up to three dwelling units or a farm.

DRUGSTORE

A retail store that sells medication in addition to miscellaneous articles such as newspapers, candy, dried foods, and hygiene products.

DRY CLEANER

A business that washes clothing and other articles for customers using a chemical solvent other than water and also dries and irons the clothing and articles.

DWELLING

Any building or portion thereon designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, nursing homes, institutional houses, motels, and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical and other utility systems.

(1)

DUPLEXA building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.

(2)

MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units.

(3)

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family and having two side yards, one front yard and one rear yard; in the case of a comer lot, the building will have two front and one side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.

(4)

TOWNHOUSEA building containing between three and six townhouse dwelling units (see definition of "dwelling unit, townhouse") arranged in a side-by-side configuration with two or more common party walls.

(5)

TWIN (two-family; single-family semidetached)A freestanding building containing two dwelling units for two families, arranged in a side-by-side configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate access, cooking and sanitary facilities.

DWELLING UNIT, TOWNHOUSE

A dwelling unit located in a townhouse group and designed for and occupied exclusively as a residence for only one family, and having at least one party wall in common with an adjacent dwelling unit, but with no separate dwelling unit either above or below it.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land use including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth. This definition shall not apply to tilling or harvesting associated with agriculture, horticulture or forestry uses.

EDUCATIONAL USE

The use of land or building(s) for the establishment and maintenance of a public or private college, secondary or elementary school, or other educational institution for the primary purpose of instruction and learning. The term shall not include those uses defined as day-care center or facility, trade school, or automotive trade school.

EMERGENCY

A condition that:

(1)

Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

(2)

Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

FAMILY

An individual or individuals related by blood, marriage or adoption that maintain one common household and live within one dwelling unit. Additionally, up to four unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family may also be considered any number of unrelated individuals who are disabled and occupy a group home that is licensed by the appropriate governmental agencies.

FARM

Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARM ANIMAL

Include raised and owned: turkey, chicken, rooster, donkey, goose, duck, lamb, sheep, goat, hog, pig, cattle, horse, and other similar animal which is common to a farm for agricultural, commercial, and/or retail/wholesale purposes.

FCC

Federal Communications Commission.

FENCE

A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.

FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubrication substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work painting, vehicular sales, nor rental or automatic car washes.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FIREWOOD

Any wood or wood product used or intended to be used as heating fuel. Painted or treated wood shall not be considered firewood.

FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display of merchandise.

FLOODPLAIN DISTRICT

The regulatory floodplain as described by the Chapter 8, Floodplains, as may be amended.

FLOOR AREA, GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation such as living room, dining room, kitchen, bedroom, recreation room, family rooms, libraries, dens, bathrooms, closets, hallways, and stairways, but not including cellars or attics or service rooms or areas such as utility rooms nor unheated areas such as enclosed porches or garages.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FRONTAGE

The width of a lot along the street line of the street that provides the principal access to the lot.

FUNERAL HOME

A building used for the preparation of the deceased for burial, including the viewing of the deceased and any lawful rituals connected therewith before burial or cremation.

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than three-quarter-ton capacity may be stored therein where the use of such vehicle is not incidental to the use of the premises. No business or occupation or service shall be conducted therein nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit.

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GRADE PLANE

A reference plane representing the average finished ground level adjoining the building or structure at the exterior walls.

GROCERY STORE or FOOD MARKET

A retail store that primarily sells food products.

GROUP HOME

A dwelling operated by an individual, family or organization with a program to provide a supportive living arrangement for individuals larger than a family, where special care is needed by the individuals served due to age, emotional, mental, physical handicap, or disability. Group homes must be licensed where required by any appropriate government agencies and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as dwellings, as defined, except insofar as and where such limitations and regulation would result in a tendency to perpetuate segregation of the handicapped in housing patterns as substantiated by reasonable evidence provided to the Board of Supervisors.

HAZARDOUS MATERIAL

Materials which have the potential to damage health or impair safety. Hazardous materials include, but are not limited to, inorganic mineral acids or sulphur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols and their salts; petroleum products and radioactive materials. Also included are floatable materials with the potential to cause physical damage such as logs, storage tanks and large containers.

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, agricultural operations and community activities or any combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of or otherwise managed.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HEALTH/RECREATION/ATHLETIC CLUB

An indoor and/or outdoor facility that offers active or passive recreational and/or fitness activities, which may include court games such as racquetball, handball, squash, tennis, basketball and volleyball, as well as gymnasiums, lockers, facilities and equipment for body building and exercise, including swimming and including limited food service, such as a concession stand, operated solely for the convenience of the patrons of the facility. These activities are provided only to club members and their guests. These facilities do not include golf courses. This use does not include amusement arcades, night clubs, adult-related facilities or uses, riding academies or stables.

HEAVY INDUSTRIAL USES

Any use permitted in § 27-207 that exceeds two acres in lot area or any industrial use not specifically provided for by § 27-207 of this chapter.

HEDGE

A minimum eight-foot-long dense row of shrubs or small trees that are planted close to each other in order to form a boundary or barrier.

HEIGHT OF A TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based wireless communications facility, including antennas mounted on the tower and any other appurtenances.

HEIGHT, STRUCTURE

A structure's vertical measurement from the grade plane to the highest point of the structure.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take off and be stored.

HELIPORT

A pad or other limited area designed and designated for landing and takeoff of helicopters, with the associated lighting, safety devices, appurtenances and other equipment required by applicable federal and state agencies. When located at other than an approved airport, a heliport shall be considered a principal use.

HOME IMPROVEMENT STORE

See definition of "building supply store."

HOME OCCUPATION

A business or commercial activity that is conducted as an accessory use to a principal single-family detached dwelling unit. (See also definition of "no-impact home-based business.")

HORTICULTURE

The branch of agriculture that involves the art and science of plant cultivation of food and nonfood crops as well as plant conservation.

HOSPITAL

A place for the diagnosis, treatment or other care of humans and having facilities for inpatient care.

HOTEL

A facility which provides lodging to temporary guests in more than five separate guest quarters for compensation with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building and which may provide meals and other services for compensation.

HOUSEHOLD APPLIANCE, MAJOR

A large household appliance that typically sits on the floor due to its size, such as a stove, refrigerator, dishwasher, washing machine, or dryer.

HOUSEHOLD APPLIANCE, SMALL

A small household appliance that is wall-mounted and/or is typically operated on a counter or elevated surface such as a toaster, toaster oven, microwave, or oscillating fan.

IMPERVIOUS

A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including but not limited to: structures such as roofs, buildings, storage sheds; other solid, paved, or concrete areas such as streets, driveways, sidewalks, parking lots, patios, tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. Fifty percent of the horizontal area of an uncovered deck shall be considered impervious for the purposes of this chapter. Fifty percent of the water surface area of a swimming pool shall be considered impervious for the purposes of this chapter. The apron or surrounding decking or patio of the swimming pool shall be considered impervious as set forth in this definition. For the purposes of determining compliance with this chapter, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Uncompacted gravel areas with no vehicular traffic, such as gardens, walkways, or patios areas, shall be considered pervious per review by the Township Engineer. Surfaces that were designed to allow infiltration (i.e., pavers and areas of porous pavement) are not to be considered impervious surface if designed to function as a BMP per review by the Township Engineer. Additionally, for the purposes of determining compliance with this chapter, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall be considered pervious so long as the designs note that natural vegetative cover will be preserved and/or restored underneath the solar photovoltaic cells, panels, and arrays, and the area disturbed is planned as a vegetated pervious surface.

INDOOR RECREATION FACILITY

An indoor facility, open to the public, for the purpose of active or passive recreation or entertainment including, but not limited to, archery or firing ranges, bowling alleys, health clubs, museums, swimming pools, theaters, etc., and including limited food service, such as a concession stand, operated solely for the convenience of the patrons of the facility. This does not include adult-related facilities or uses, night clubs or amusement arcades.

INDOOR RECREATION FACILITY, PRIVATE

An indoor facility, exclusively for members and their guests, for the purpose of active or passive recreation or entertainment including, but not limited to, archery or firing ranges, bowling alleys, exercise equipment, museums, swimming pools, theaters, etc., and including limited food service, such as a vending machines or concession stands, operated solely for the convenience of members and their guests. This does not include adult-related facilities or uses, nightclubs or amusement arcades.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that are associated with a use other than a single-family dwelling.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded material including, but not limited to, wastepaper, rags, metal, building materials, 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 one or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date.)

KENNEL

Any lot on which three or more animals (except relating to a farm) are kept, boarded, raised, bred, treated or trained for a fee, including but not limited to dog or cat kennels.

LAKES and PONDS

Natural or artificial bodies of water which retain water year-round. Dams or result from excavation may create artificial bodies of water. Lakes are bodies of water two or more acres in area. Ponds are bodies of water with an area less than two acres.

LAND DEVELOPMENT

Any of the following activities:

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

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; or

(b)

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, common areas, leaseholds, condominiums, building groups or other features.

(2)

A subdivision of land.

(3)

The following shall not be considered a land development:

(a)

The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(b)

The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

(c)

The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land shall be deemed to be a landowner for the purposes of this chapter.

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen between grade and to a height of six feet.

LAUNDROMAT

A business that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises.

LAUNDRY

A building, or part thereof, other than a laundromat, where clothes and other articles are washed, dried and/or ironed.

LIMITED CLUSTER DEVELOPMENT

A cluster development with additional limitations on the allowable types of dwellings.

LIVESTOCK

See "farm animal."

LOADING SPACE

An off-street space or area suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOT

A parcel of land separately described by a metes-and-bounds description which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the Office of the Recorder of Deeds of Chester County.

(1)

LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards, one side and one rear yard.

(2)

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.

(3)

LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.

(4)

LOT, THROUGH (REVERSE FRONTAGE)An interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way but including the area of any easement.

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT WIDTH

The shortest horizontal distance measured between side property lines at the building setback line. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line.

LOW-IMPACT DEVELOPMENT

An approach to land development that uses various land planning and design practices and technologies to simultaneously conserve and protect natural resources systems and reduce infrastructure costs. Low-impact development (LID) still allows land to be developed but in a cost-effective manner that helps mitigate potential environmental impacts.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE STORAGE FACILITIES

A detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, trench silo, earthen bank, stacking area and aboveground storage.

MECHANICAL SCHOOL

See "trade school."

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania per the provisions of Act 16 of 2016.

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 10231.101 et seq.

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

MEDICAL OR DENTAL CLINIC

Any building or group of buildings occupied by medical or dental practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MEDICAL RESIDENTIAL CAMPUS

A campus that provides a balanced mix of medical, residential, commercial, and recreational uses for a primarily retirement-age population.

MINI WAREHOUSE

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair or other nonstorage activities shall be permitted.

MIXED USE

Development contained on a single parcel or within a single structure that includes more than one complimentary use (can include both residential and nonresidential), providing a variety of activities throughout the day.

MOBILE 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, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 27-433 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings" and shall be bound by the requirements there imposed.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

MONOPOLE

A wireless communications 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.

MOTEL

A facility which provides lodging to temporary guests in more than five guest quarters for compensation which contains at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building and which may provide meals and other services for compensation.

NET ACREAGE

That area of a tract or tracts that is not within public rights-of-way, public streets, common parking lots, floodplains, sewage treatment and disposal areas, wetlands, stormwater detention/retention basins, slopes of 33% or greater, and easements that prohibit buildings and that are existing on the date the original development application is submitted.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for the on-site consumption of food. Additionally, nightclubs may offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

(1)

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2)

The business shall employ no employees other than family members residing in the dwelling.

(3)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6)

The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.

(7)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)

The business may not involve any illegal activity.

NON-FARM ANIMALS

Domesticated animals and household pets that are normally considered to be kept in or conjunction with a dwelling unit, such as: cats, dogs, parrots, parakeets, gerbils, hamsters, frogs, toads, fish, guinea pigs, white mice, white rats, lizards, European-type rabbits, nonpoisonous snakes, and turtles, or animals of a similar nature. They do not include wild animals that are not capable of being kept as a household pet. For keeping of non-farm animals in conjunction with uses other than agricultural, see § 27-322 of this chapter.

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.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. Such lot must be in single and separate ownership and not of continuous frontage with other lots of the same ownership that would enable the owner(s) to comply with the provisions of this chapter, as amended.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening or any other design or performance standards specified by this chapter where such dimensional nonconformity lawfully existed prior to the enactment of this chapter or amendment thereto.

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding and dining associated with some level of nursing care.

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service or government including administration, recordkeeping, clerical, and professional work and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products; or the sale or delivery of any materials, goods or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.

ON-SITE SEWER SERVICE

The disposal of sewage by use of septic tanks or other safe and healthful means within the confines of the lot on which the use is located as approved by the Pennsylvania Department of Environmental Protection.

ON-SITE WATER SERVICE

A safe, adequate and healthful supply of water to a single user from a private source.

ORNAMENTAL POND

A small pond with an area 225 or less square feet and a depth no more than two feet deep.

PARK

A parcel of land designated for outdoor enjoyment and/or passive recreation that is open to the general public and consists of facilities designed and/or used for passive recreation and may include a play area. This definition is meant to exclude adult entertainment uses, amusement arcades, golf courses and ball fields.

PARKING LOT

An accessory use in which required and additional parking spaces are provided subject to the requirements listed in § 27-312 of this chapter.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PERSON

An individual, corporation, partnership, unincorporated association or any other similar entity.

PERSONAL SERVICE ESTABLISHMENT

Barbershop, beauty salon, tanning salon, shoe repair shop, tailoring, printing and publishing center, clock and jewelry repair, and other similar personal service establishments as determined by the Zoning Officer. Massage parlors and other adult-related facilities are excluded.

PICKLING

The process of preserving or expanding the lifespan of food in a high acid solution, typically fermentation in brine or immersion in vinegar.

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein.

PLANNING COMMISSION

The Planning Commission of Valley Township.

PLAY AREA

A parcel of land used for limited outdoor active recreation with no more than eight separate pieces of play equipment, no more than two courts each, such as basketball or tennis, and containing no ball fields.

PLAYGROUND

A parcel of land used for outdoor active recreation and containing recreational equipment and facilities such as play apparatus, courts such as basketball or tennis, and ball fields such as baseball, football, soccer, softball, etc.

PREMISES

The property upon which an activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to an activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which an activity is conducted and any signs located on such land are to be considered off-premises advertising:

(1)

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction and not used by an activity and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility even though it might be under the same ownership.

(2)

Any land which is used for, or devoted to, a separate purpose unrelated to an advertised activity.

(3)

Any land which is in closer proximity to the highway than to the principal activity and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which an advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land or is a common or private roadway or is held by easement or other lesser interest than the premises where an activity is located.

PRIVATE GREENHOUSE

A building or part of a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the cultivation of plants as a hobby or for residential use but not for commercial sales.

PRIVATE SCHOOL

A school that is not directly administered by a state or other governmental agency, is funded in whole or in part by charging their students tuition rather than public (governmental) funding, and has the right to select their students. This term shall include parochial schools.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency intended to inform and obtain public comment prior to taking action on zoning-related matters.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[3]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing. Public notice for rezoning, special exception, conditional use and/or variance requests shall also include the posting of a sign(s) at a conspicuous location(s) along the perimeter of the subject property; this sign(s) shall be posted at least one week prior to the hearing and shall exhibit the nature, date, time and location of the hearing.

PUBLIC SEWER

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

PUBLIC USES

Includes public uses of a welfare and educational nature, such as public schools, parks, fire stations, municipal buildings and garages, and similar uses, operated on a nonprofit basis.

PUBLIC UTILITIES

Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the distribution or transmission of energy or telephone service.

PUBLIC WATER

Municipal water supply system, or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

REDEVELOPMENT

Any changes to or reuse of existing man-made changes to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

RECREATION

(1)

RECREATION, ACTIVERecreational activities or pursuits which require physical alteration to the area in which they are performed and/or require physical facilities, apparatus, equipment or structures in or near the area in which they are performed. These areas are intensively used and include such facilities as playgrounds, ball fields or courts, archery or firing ranges, miniature (pitch and putt) golf courses, riding academies stables, skating rinks, swimming pools and velodrome (bicycle only). This use does not include amusement arcades, golf courses, nightclubs or adult-related facilities or uses.

(2)

RECREATION, INDOORActivities which are or can be performed within a building and may either be active or passive in nature. This use does not include amusement arcades, nightclubs or adult-related facilities or uses.

(3)

RECREATION, PASSIVELow-intensity activities for individuals or small groups which are usually performed in natural or seminatural surroundings and which can be carried out with little alteration or disruption to the area in which they are performed. Minimal site preparation and few, if any, structural facilities are required to accommodate most passive activities. Such uses include bike trails, gardens, hiking, nature trails, picnicking, play area and relaxation. These uses do not include archery or firing ranges.

RECYCLING STATION

A facility where used, recyclable materials are separated and processed for shipment for reuse in new products.

REFINERY

A facility composed of processes that convert raw materials into products of value.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based wireless communications facility or non-tower wireless communications facility. By way of illustration, not limitation, "related equipment" includes generators and base stations.

RENDERING

Process of converting animal products into useful materials, most commonly converting waste animal tissue into purified fats like lard or tallow.

RESTAURANT

An establishment that serves prepared food primarily eaten on-site, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Waiters and/or waitresses serve the majority of non-buffet food and beverages to patrons while the customers are seated. Caterers shall be included in this definition.

RESTAURANT, FAST-FOOD

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers and that does not meet the definition of "restaurant." Such food can be consumed either on or off of the site.

RETAIL DEPARTMENT STORE

A retail store of 40,000 square feet or more in gross floor area that offers a wide range of retail goods and products with separate areas (i.e., departments) in which different kinds of goods and products are displayed and/or sold.

RETAIL STORE/SALES

Retail stores are those businesses whose primary activities involve the display and retail sales of goods and products such as food, groceries, beverages, clothing, office supplies, entertainment items, furniture, household products, personal care supplies, sporting goods, computers, electronics, pet supplies, automobile supplies, and other similar retail goods and products as determined by the Zoning Officer. This term shall not include: adult-related facilities; automobile, boat, farm machinery, or trailer sales; convenience stores; home improvement and building supply stores; or restaurants as defined herein.

RIDING ACADEMY

A facility where horseback riding and horsemanship is taught and practiced.

RIGHT-OF-WAY

A corridor of publicly owned land for purposes of maintaining primary vehicular and pedestrian access to abutting properties including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

SETBACK

The required horizontal distance between two identifiable points.

(1)

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

(2)

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

(3)

SETBACK, SIDEThe distance between the side lot line and side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SHOPPING CENTER or SHOPPING MALL

A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure or flags or other insignia of any government, fraternal or similar organization.

(1)

SIGN, ANIMATEDA sign or any device designed to attract attention by visual means or through the movement or semblance of movement by mechanical, electrical, or natural means.

(2)

SIGN, DEVELOPMENTA sign indicating that a property is actively in the process of subdivision or land development.

(3)

SIGN, DIGITALAn advertising sign that utilizes digital or video light-emitting diodes (LEDs) or similar electric methods to create an image display area.

(4)

SIGN, ELECTRONICALLY CHANGING MESSAGEA digital sign or portion thereof displaying frequent message changes that are rearranged electrically without physically altering the face or surface of such sign.

(5)

SIGN, FLASHINGA type of sign in which the illumination is not kept constant in intensity at all times of use and which exhibits sudden, timed or marked changes in lighting effects.

(6)

SIGN, FREESTANDINGA sign that is supported by or suspended from a freestanding column or other support(s) located in or upon the ground surface.

(7)

SIGN, GROUNDAn on-premises sign displaying information pertaining to the existing use(s) for which it is located and is placed upon, supported by and anchored to the ground. A ground sign shall not be considered as a freestanding sign or portable sign.

(8)

SIGN, IDENTIFICATIONAn on-premises sign identifying the use(s).

(9)

SIGN, PORTABLEA temporary sign that is not fixed, attached, or anchored in a permanent position, that is capable of being readily moved or relocated, including but not limited to sandwich boards, placards, or other similar signs mounted on a frame or chassis on wheels or supported by legs but not pressed or extended into the ground or other surface (i.e., sandwich board sign advertising daily specials for a restaurant placed on a sidewalk).

(10)

SIGN, PROJECTINGA sign projecting perpendicularly from the face of a building.

(11)

SIGN, REAL ESTATEA sign pertaining to the sale or lease of a property.

(12)

SIGN, ROOFA sign erected or displayed upon the roof of a building.

(13)

SIGN, SPECIAL EVENT or SEASONALA temporary sign by which periodic advertisements of specials can be displayed during certain segments of the year.

(14)

SIGN, SPECIAL USEA sign that is used for a specific purpose not otherwise regulated by this chapter such as real estate signs, development signs, and political signs. Special use signs are typically temporary signs.

(15)

SIGN, TEMPORARYA sign intended to be displayed for a short period of time, typically 30 days or less.

(16)

SIGN, WALL (OR PARALLEL)A sign posted on, suspended from, or otherwise affixed to the wall, facade, or vertical surface of a building which does not project or extend more than 12 inches from the wall, facade, or vertical surfaces of the building to which it is attached.

SINGLE-FAMILY COVERED DECKS

A platform, whether elevated or at ground level, attached to a single-family cluster home, which platform has a permanent roof attached to the principal dwelling and supported by posts but no continuous walls that completely enclose the area. For purposes of this definition, enclosure of more than 30% of the area of the single-family covered deck by walls shall be considered complete enclosure. In addition to solid walls, permeable walls made of materials such as mesh, wire, screens, removeable or retractable walls, and temporary walls shall be considered walls. The height of the roof of the deck shall not exceed the height of the eaves of the roof of the single-family cluster home, except for one story rancher-style homes where the height of the roof of the deck shall not exceed the height of the lowest ridge of the roof of the home.

SLAUGHTERING

The killing or butchering of cattle, sheep, etc., especially for food.

SLOPE

The deviation from horizontal, expressed as a percent. Slope percent is computed by dividing the vertical distance by the horizontal distance and, for purposes of this chapter unless specified otherwise, calculated between consecutive contour lines.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for Chester County, Pennsylvania.

SOLAR ENERGY SYSTEM

Any structure used for the purpose of converting energy from the sun into usable electrical energy.

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert energy from the sun into usable electrical energy.

SOLID WASTE

Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

SOLID WASTE DISPOSAL FACILITY

A site in which engineering principles are utilized to bury, dispose, reduce, eliminate and/or incinerate deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.

SPECIAL EXCEPTION

A use that is generally compatible in a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 27-605 of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

(5)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being.

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

STABLE

A building for the lodging, feeding, and care of horses and/or cattle.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

STEEP SLOPES

Those areas of land, whether natural or man-made, which are characterized by a slope of 15% or more and which, because of this slope, are subject to high rates of stormwater runoff and susceptible to erosion.

STORAGE SHED

A self-contained structure used solely for the purpose of enclosing, protecting and/or securing objects used in the normal operation and/or maintenance associated with the principal use of the property.

STREET

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct and any other dedicated and adopted public right-of-way or private right-of-way used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of- way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right- of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line.

STRUCTURE

(1)

Any man-made object, including buildings having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

(a)

STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, storage sheds, etc.).

(b)

STRUCTURE, PRINCIPALA structure associated with a primary use.

(2)

Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes and any other similar nonpermanent improvements.

STUDIO OR INSTRUCTIONAL FACILITY

Facility or area devoted to the expression and practice of, and/or instruction in, arts, crafts, dance, pottery, photography, yoga, and similar activities, as well as private educational learning centers.

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 or access or any residential dwelling, shall be exempted.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure the cost of which equals or exceeds 50% of the fair market value of the structure either: (1) before the improvement or repair is started; or (2) the structure has been damaged and is being restored, before the damage occurred. For the purpose of this chapter, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGE

(1)

Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna on the wireless support structure not to exceed 20 feet, whichever is greater; or

(2)

Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

SUBURBAN CENTER MIXED-USE DEVELOPMENT

The development of a tract of land according to a coordinated, overall plan containing two or more uses such as, but not limited to, office, retail commercial, public recreational or residential uses.

SUSTAINABILITY

Measures that connect buildings and the environment to integrate local ecology so as to reduce natural resources impacts, minimize nonrenewable energy consumption, use environmentally preferable products, protect and conserve water resources, enhance indoor environmental air quality, and improve operations and maintenance practices. Measures recommended in green growth, smart growth and similar programs and initiatives are encouraged and may be compensated by incentives to the developing community. Other measures also include, but are not limited to, tree protection and replacement, compact mixed-use land forms, and minimization of stormwater runoff.

SWIMMING POOL

Any pool, not located within a completely enclosed building and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included; provided, that swimming was not the primary purpose for their construction.

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food.

THEATER

A building, part of a building, or outdoor area, typically with a stage and tiered seating for an audience, for performances such as plays, operas, concerts, lectures or for showing motion pictures.

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 WCF.

TOWNHOUSE GROUP

A group of three to six attached townhouse dwelling units (see definition of "dwelling unit, townhouse") as permitted and/or regulated by specific regulations.

TOWNSHIP

Valley Township.

TRACT

The total area of land lying within the property boundaries of all land submitted as a subdivision or land development plan.

TRADE SCHOOL

An educational use that offers vocational teaching and technical training of a trade or skill for use in a specific occupation, such as truck driving, engine repairs, building construction and general contracting, woodworking, masonry, plumbing, electrical contracting, and/or other similar trades.

TRAVEL TRAILER

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer":

(1)

The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway.

(2)

The unit is mounted or designed to be mounted on wheels.

(3)

The unit is designed to be loaded onto or affixed to the bed and/or chassis of a truck.

(4)

The unit contains, or was designed to contain, temporary storage of water and sewage.

(5)

The unit contains some identification by the manufacturer as a travel trailer.

TRUCK OR MOTOR FREIGHT TERMINAL

A processing facility (i.e., node) where freight is loaded onto and off the truck or motor transport vehicle.

TWO-FAMILY CONVERSIONS

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1)

USE, ACCESSORYA use customarily incidental and subordinate in area, extent, and purpose to the principal use, building, or structure being served and located on the same lot and in the same zoning district as the principal use, building, or structure.

(2)

USE, PRINCIPALThe single dominant, single primary or single main use or purpose for which a building, structure and/or land or major portion thereof, is designed, arranged or intended, or for which it may be occupied or maintained under this chapter.

USE AND OCCUPANCY PERMIT

A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the building permit and this chapter.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.

VETERINARY CLINIC

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits, birds or fowl. No outdoor boarding of animals is permitted.

VOCATIONAL SCHOOL

See "trade school."

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WECS UNIT

Shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

WETLAND

Those areas (including swamps, marshes, and bogs) that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers. In the event there is a conflict between the definitions or regulations of these agencies, the more restrictive definition shall apply.

WETLAND DELINEATION REPORT

A document that describes the investigation procedures and findings of a wetland delineation.

WETLAND MARGIN

The transitional area extending a specified distance from the outer limit of the wetland which serves as a buffer to protect the wetland from more intensive land uses.

WIND ENERGY CONVERSION SYSTEM (WECS)

Any device which converts wind energy to mechanical or electrical energy.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

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 diameter at breast height 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 Woods shall be measured from the outer drip lines of the outer trees.

YARD

An area between the permitted structures and the property lines.

(1)

YARD, FRONTThe area contained between the street right-of-way line and the principal structure and extending to the side lot lines.

(2)

YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite that area between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be each area between the building and every lot line.

(3)

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street.

ZONING

The designation of specified districts within a community or Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The municipal official duly appointed to administer and enforce this chapter in accordance with its literal terms.

ZONING PERMIT

A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See Ch. 9, Grading and Excavating, and Ch. 20.1, Stormwater Management.

[3]

Editor's Note: See 65 Pa. C.S.A. § 701 et seq.