Certain terms and words are defined in this chapter. The following
guidelines shall be utilized to interpret the terminology of this
chapter:
A.
Words used in the present tense shall include the future tense.
B.
Words in the singular shall include the plural and words in the plural
shall include the singular.
C.
Words in the masculine shall include the feminine and the neuter.
D.
The words "shall," "must" or "will" are mandatory.
E.
The words "may" or "should" are permissive.
F.
The word "person" includes "individual," "corporation," "partnership,"
"organization," "association," "trust," or other similar entities.
G.
The words "used for" include "designed for," "arranged for," "intended
for," "maintained for," or "occupied for."
H.
The word "building" shall be construed as if followed by the phrase
"or part thereof."
I.
The word "structure" includes "building" and shall be construed as
if followed by the phrase "or part thereof."
J.
The word "street" includes "expressway," "arterial," "highway," "thoroughfare,"
"avenue," "boulevard," "court," "lane" and "road."
K.
The word "watercourse" includes "channel," "creek," "ditch," "drain,"
"dry run," "spring," "stream" and "swale."
The terms or words used in this chapter shall be construed as
defined below. When terms or words are not defined, they shall have
their ordinarily accepted meanings or such as the context may imply.
The state of being side by side, next to or adjoining one
another.
The removal of the surface of the land through the combined
actions of man and natural processes at a rate which is greater than
would occur from the natural process upon disturbed land.
An improved cartway or paved service road designed to provide
vehicular access between the public road and the off-street parking
area for the designated use.
A clearly defined point of ingress and egress for vehicles
at the street line.
A building or structure subordinate to the principal building
or principal structure on a lot and used for purposes customarily
incidental to those of the principal use.
Forty-three thousand five hundred sixty square feet.
The Pennsylvania Municipalities Planning Code, as amended
and codified.[1]
The Pennsylvania Municipalities Planning Code, as amended
and codified.
The Pennsylvania Sewage Facilities Act, as may be amended
from time to time.[2]
The West Nantmeal Township Sewage Facilities Plan, as adopted
by the Board in accordance with Pennsylvania Act 537, as amended.
The state of being side by side, next to or adjoining one
another.
The average number of vehicles that pass over a given point
per day.
Any person other than the developer who, acting for the developer,
submits to the Board subdivision or land development plans for the
purpose of obtaining approval thereof.
A right-of-way providing secondary vehicular access to the
side or rear of a lot or lots.
Clay, silt sand, gravel, or similar detrital matter deposited
by running water.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, such as bearing
walls, columns, beams, girders, joists, rafters, headers, or enclosed
walls, or any enlargement or modification thereof, whether by extension
on any side or by an increase in height, or the moving of such building
from one location or position to another, or any other change of use
of a building or a lot. All permitted alterations shall comply with
the appropriate building codes adopted by West Nantmeal Township.
A landowner, equitable landowner, developer or authorized
agent of the landowner, who has filed an application for development
including his heirs, successors and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The West Nantmeal Township Board.
An architect registered by the Commonwealth of Pennsylvania.
That portion of a building that is partly or completely below
the grade plane. A basement shall be considered a story above grade
plane when the finished surface of the floor above the basement is
as follows: more than six feet above the grade plane; more than six
feet above the finished ground level for more than 50% of the total
building perimeter; and/or more than 12 feet above the finished ground
level at any point.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of West Nantmeal Township, or by any combination of
the above.
The Board of Supervisors of West Nantmeal Township, Chester
County, Pennsylvania.
Any combination of material forming any structure, which
is erected on the ground and designed to be affixed thereto, whereas
the framed components or structural parts are designed for the complete
enclosure (with walls and a roof) and support for individuals, animals
or property of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions. The definition of "building area" should not
be considered synonymous or be compared with the subordinate definitions
for "lot area" including "lot area (building)."
The percentage of a lot covered by principal and accessory
buildings.
The area of a lot that has no building or construction restrictions, such as building setback requirements, rights-of-way, easements, floodplains, wetlands, slopes over 20% in grade, or similar restrictions as defined in Chapter 215, Zoning, of this Code.
The front of a building considering the location of the main
entrance and the public street providing access. For corner lots,
the building frontage shall be established along both streets to which
the building has frontage or access.
The vertical distance measured from the grade plane to the
average roof height, as further defined by the West Nantmeal Township
Building Code.
The longest horizontal dimension of a building, as measured
in a single straight direction.
The minimum distance a building or structure must be set
back from the ultimate street right-of-way line (where it exists)
or from the street legal right-of-way line (where the ultimate right-of-way
does not exist) of the street immediately adjacent thereto.
The line within a property establishing the minimum required
distance between any building or structure, or portions thereof, to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line, which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
Diameter of a tree trunk as measured at six inches from base.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
For all purposed streets and driveways. The longest required line of unobstructed vision along a street cartway measured from a point 3.5 feet above the center line to an object 3.5 feet above the proposed new intersecting pavement measured 10 feet back of the existing pavement edge. Refer also to Article VI of this chapter.
AASHTO's "A Policy on Geometric Design of Highways and Streets,"
latest edition, at the time of any application, shall govern all sight
distance situations, unless the Township requires more stringent control
to improve known or potentially hazardous conditions.
An area of unobstructed vision at a street intersection,
as prescribed by West Nantmeal Township and/or the Pennsylvania Department
of Transportation, which shall be measured between 30 inches above
the ground elevation and 10 feet above ground elevation, which is
further defined by a line of sight between points at the center lines
of a street at the point of intersection of the proposed street.
A use or activity that includes, but is not limited to, retail
sales, businesses, offices, personal services, banks, financial institutions,
restaurants, communications, recreation, and other similar commercial
uses as determined by the Zoning Officer.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development, designed and intended for
use or enjoyment of all residents of the development in which it is
located.
A designated area for the parking of vehicles serving a multifamily
residential development or a planned nonresidential development containing
more than one use.
The West Nantmeal Township Comprehensive Plan, or any part
thereof, as adopted by the West Nantmeal Township Board of Supervisors.
A use in a particular zoning district which is approved by the Board of Supervisors in accordance with the specific criteria set forth in Chapter 215, Zoning, of this Code.
The placement of materials and equipment in a defined area
to be assembled, built, applied and/or demolished in a temporary or
permanent manner, as approved by the designated officials of West
Nantmeal Township.
The County of Chester, Commonwealth of Pennsylvania.
The Chester County Planning Commission.
A proposed zoning amendment that is filed with the Board
of Supervisors by any landowner/applicant who desires to challenge
on substantial grounds the validity of an ordinance which prohibits
or restricts the use or the development of land in which the landowner/applicant
has an interest.
The point where the face of the curb meets the edge of the
cartway. If no curb exists, the curbline shall be considered the edge
of the improved cartway.
An open or partially enclosed structure attached or connected
to a permitted use, which is constructed in accordance with the building
codes of West Nantmeal Township.
The deliberate appropriation of land by its owner for general
public use.
A written document whereby an estate in real property is
described, conveyed and recorded.
Clause included in a deed or other recorded document, which
restricts, controls or limits the general use of a defined parcel
of land or development.
The total number of residential dwelling units per acre or
lot area.
Minimum standards set forth at Article VI of this chapter providing for the design of subdivisions and land developments.
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely shortly after
any given rainfall event and are dry until the next rainfall event.
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of the landowner, for whom subdivision
or land development plans are being or have been made.
Any man-made change to improved or unimproved land, including
but not limited to buildings or other structures, the installation
of utilities, filling, grading, paving, excavation, mining, dredging
or drilling operations.
A proposal for the development of land, prepared in accordance
with the provisions specified by West Nantmeal Township, including
a plan for subdivision or land development, all covenants relating
to use, location and bulk of buildings and other structures, intensity
of use or density of development, streets, ways and parking facilities,
common open space and public facilities.
The diameter of a tree trunk, as measured 48 inches from
the ground surface.
Any structure or improvement designed, intended or constructed
for the purpose of diverting surface water or groundwater from or
carrying surface water or groundwater off streets, right-of-way, or
any subdivision or land development.
A privately owned and improved access drive, which provides
vehicular access between a public road or an approved private road
into the lot or parcel of land.
A private driveway (when permitted) serving two or more lots
or properties, the use and maintenance of which is shared between
or among the property owners.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boarding, rooming, lodging houses, nursing homes, motels and institutional
residences are not included in the definition of dwelling. The following
dwelling types are further defined as follows:
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a vertical common wall.
MULTIFAMILY DWELLINGA building arranged, designed and intended to be occupied exclusively as a residence for three or more families. Individual dwelling units may share up to three common or party walls with other units and either have a common outside access areas or have individual outside access areas. Types of such buildings shall include townhouses, apartments and/or condominiums.
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside.
APARTMENT BUILDINGA building on a single lot arranged, designed and intended to be occupied as a residence for two or more families, and in which the dwelling units may be separated horizontally and/or vertically.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, created under either the Pennsylvania Unit Property Act, as amended, or the Pennsylvania Uniform Condominium Act, as amended.[3]
MANUFACTURED HOMEA structure that is transportable in one or more sections built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the United States Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MODULAR HOMEA structure designed primarily for residential occupancy, which is wholly or partially made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site.
ACCESSORY APARTMENT FOR RELATIVESAn attached component or living area of a permitted single-family dwelling, located on a conforming lot, which is occupied by a relative of the occupants of the single-family dwelling.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, road maintenance, land development,
building construction and the moving, depositing, stockpiling, or
storing of soil, rock or earth materials.
A defined parcel area of land or right-of-way granted or
conveyed for the limited use of land for public, quasi-public or private
purposes.
An easement precluding future or additional development of
an area of land.
A point of exit from a property.
The horizontal alignment of a surface above mean sea level,
as it exists in pre-development conditions or as it is proposed in
post-development conditions.
CENTER-LINE ELEVATIONThe elevation of the street at the midpoint of the street.
FIRST FLOOR ELEVATIONThe elevation of the level of living space at the main entrance of the building.
GARAGE ELEVATIONThe elevation of the garage floor at the center of the garage door.
A professional engineer, licensed by the Commonwealth of
Pennsylvania.
An addition to the floor area of an existing building, an
increase in the size of a structure, or an increase in that portion
of a lot occupied by an existing use.
A detailed written report that provides discussion of significant
environmental impacts and provides reasonable alternatives, which
would avoid or minimize adverse impacts or enhance the quality of
the environment.
The removal of soil, rock or surface particles by the action
of water, wind, ice or other agents.
The erection, construction, alteration, or maintenance by
a public utility, municipality or governmental agency for general
utility services, including gas, electric, steam, water, sewage disposal,
telephone and similar utility services, excluding telecommunication
and wireless communication providers.
The front of a building facing a public or private street
or any other building face that is given special architectural treatment.
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.
A road that provides fire apparatus access from the fire
station to a facility, building, land area, or portion thereof in
accordance with the provisions of the International Fire Code. This
is a general term inclusive of all other terms such as fire lane,
public street, private street, parking lot lane and access roadway.[4]
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the landowners
or tenants of the premises for the storage of not more than three
motor vehicles.
The West Nantmeal Township Board of Supervisors, Chester
County, Pennsylvania.
Financial security approved by the Township which may be
required of the applicant by the Township as a condition of final
plan approval to provide for and secure to the public the completion
and installation of improvements, as shown on and in accordance with
the final plan and with the applicable provisions of this chapter.
Financial security approved by the Township which may be
required of the applicant by the Township where the Township accepts
dedication of some or all improvements, following the completion and
installation thereof, in order to secure the structural integrity
and operation of the accepted improvements in accordance with the
design and specifications as depicted on the final plan.
That portion within a street right-of-way designed for surface
drainage, whether paved or otherwise.
The vertical distance measured from the average elevation
of the ground or finished grade to the highest point of a structure,
other than a building. To measure building height, refer to the definition
for "building height."
A place of ingress/egress from or access to a street or highway
created by a driveway or another street or highway. Measurement between
them shall be from the center line of one such point to the center
line of another such point.
A place, building, structure or site, whereas because of
its local, state or national significance is considered as a historical
site or resource. All such historical resources and sites are identified
by the National Register of Historical Places, the Pennsylvania Historical
and Museum Commission, and/or the West Nantmeal Township Comprehensive
Plan.
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Hydric soils are identified within the Soil Survey of Chester County
and the West Nantmeal Township Comprehensive Plan.
The percentage of lot area covered by an impervious surface.
A surface which has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration by
water, including, but not limited to, structures such as roofs, buildings,
storage sheds, other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, decks, swimming pools,
tennis or other paved courts, or athletic playfields comprised of
synthetic turf materials. For the purposes of determining compliance
with this chapter, compacted soils or stone surfaces used for vehicle
parking and movement shall be considered impervious. Existing surfaces
that were designed to allow filtration (i.e., areas of porous pavement)
will be considered on a case-by-case basis by the Township Engineer
based on appropriate documentation and condition of the material,
etc.
The minimum distance an improvement must be set back from
a street right-of-way and/or property line.
Any type of structure, paved area and/or physical changes
to the land, including, but not limited to, grading, paving, stormwater
management facilities, sidewalks, street signs, traffic control devices,
monuments, utilities, water supply facilities and sewage disposal
facilities.
Those facilities which are designed for and available to
the public, which may be offered for dedication, including, but not
limited to, streets, storm drainage facilities, sidewalks and utilities.
A use or activity that includes, but is not limited to, assembling,
manufacturing, distributing, processing, storing or warehousing of
products and materials, and similar industrial uses as determined
by the Zoning Officer.
A point of entrance to a property.
A use or activity that includes, educational uses, religious
uses, assisted living care facilities, convalescent homes, nursing
homes, and other similar uses as determined by the Zoning Officer.
Vehicular ways within a parking lot which provide access
to the individual parking spaces and the road network.
A site survey and review performed by the United States Army
Corps of Engineers to assess and officially determine whether or not
a defined parcel of land or water body is subject to wetlands regulations.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
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.
A subdivision of land.
Development in accordance with the provisions established by
West Nantmeal Township and the Pennsylvania Municipalities Planning
Code.
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). An equitable owner
or lessee who has written authorization of the landowner of record
shall be deemed to be a landowner for the purpose of this chapter.
A landscape architect registered by the Commonwealth of Pennsylvania.
A defined space located within a lot or parcel of land, which
has accessibility to a public street, for temporary use of commercial
vehicles while loading or unloading merchandise and materials to the
principal use and building contained on the lot or parcel of land.
A designated parcel, tract, or area of land, established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, regardless of size or ownership, which is
occupied or capable of being occupied by buildings, structures and
accessory buildings, including such open spaces as are arranged, designed
or required. The term "lot" shall also mean parcel, plot, site or
any similar term.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage. The other yards shall be designated as side yards.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise land locked interior parcel.
The total land area contained within the lot lines.
The total land area contained within the lot lines excluding
the following land and water areas:
One hundred percent of all areas exclusively contained within
the existing and ultimate limits of street rights-of-way;
One hundred percent of all areas exclusively designated as an
easement to accommodate utilities and/or stormwater improvements;
One hundred percent of the lands designated as the floodway;
One hundred percent of the land delineated as wetlands; and
One hundred percent of lands classified as Category 2 slopes.
Pursuant to the terms of this definition, the following formula
for calculating the net lot area is hereby specified:
|
GLA100% of ROW - 100% of ESM - 100% of FLD - 100% of WET - 100% of C2S = NLA
| ||
|
GLA
|
=
|
Gross lot area
|
|
ROW
|
=
|
Total area exclusively within the limits of the existing, future
and ultimate street right-of-way
|
|
ESM
|
=
|
Total area exclusively designated as an easement for utilities
and/or stormwater improvements
|
|
FLD
|
=
|
Total area exclusively within the defined limits of the floodway.
|
|
WET
|
=
|
Total area exclusively delineated as wetlands.
|
|
C2S
|
=
|
Total area exclusively classified as Category 2 slopes.
|
|
NLA
|
=
|
Net lot area
|
The net lot area for all proposed lots shall be no smaller than
the required minimum lot size for the zoning district in which the
lot is located. The net lot area calculations shall utilize the order
or hierarchy of features specified by the formula; whereas, land and
water areas shall not be calculated or classified in more than one
category. If required by West Nantmeal Township, special studies,
delineations and/or calculations shall be completed by the applicant
in order to accurately verify the limits of the natural features.
The percentage of the net lot area covered by all impervious
surfaces as determined by the Township Engineer or Zoning Officer.
Refer to the definition of "impervious surface" for further clarification.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a single street.
The property line forming the front, rear or side boundary
of a lot.
FRONT LOT LINEThe line separating a lot from the street line. The front lot line is also the street line.
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINEAny lot line other than a front or rear lot line.
A lot or parcel of ground recorded in the office of the Recorder
of Deeds of Chester County, Pennsylvania.
The width of a lot measured at the street line.
Areas within the natural soil cover that have been covered
by other materials or from which the soil has been moved about or
removed to provide materials for development.
The assembling, creating, cleaning, fabricating, processing,
testing, recycling, packaging, converting, distributing and/or repairing
of raw materials with the use of labor and machinery of products that
will be made available for sale. The term "manufacture" shall not
include retail sales, personal services, solid waste disposal, truck
distribution, mineral extraction, woodland extraction, forestry, exportation
of groundwater, warehousing, or similar uses determined by the Zoning
Officer.
A parcel or contiguous parcels of land which has been developed
and improved to contain two or more manufactured home lots for sale,
lease or rent.
A metal pipe or pin at least one inch in diameter and at
least 36 inches in length.
A deciduous tree with a diameter at breast height (DBH) greater
than or equal to 12 inches or a coniferous tree at least six feet
tall.
A combination of uses within a building or group of buildings, which includes a permitted commercial use occupying the first floor and no more than two residential apartment units occupying the second floor, as regulated in Chapter 215, Zoning, of this Code.
A transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly contained in one unit, or
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A concrete pad at least six inches in thickness with at least
six tie-down rings to which the mobile home shall be secured, equal
in length and width to the dimensions of the mobile home to be placed
thereon.
A parcel of contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A stone or concrete monument with a flat top at least four
inches across and at least 36 inches in length.
A self-propelled vehicular structure designed to be used
as a temporary dwelling for travel, recreational or vacation uses.
The Pennsylvania Municipalities Planning Code, as amended
and codified.[5]
A use owned and maintained by West Nantmeal Township for
public recreation area, park, swimming pool, golf course, spectator
sports, municipal offices, emergency services operation, water and
sewage facilities, utilities, community centers, solid waste disposal
areas, recycling centers, composting facilities, road materials and
equipment storage and similar governmental or municipal uses.
West Nantmeal Township, Chester County, Pennsylvania.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
structure, fence, stockpile, refuse, fill or other matter, which may
impede, retard or change the normal direction or path of air, water
or any modes of transportation.
A designated area within the lot lines designed to accommodate
trucks and commercial vehicles which require accessibility to the
principal use of the property.
A designated area within the lot lines designed to accommodate
automobiles and other motor vehicles which require accessibility to
the principal use of the property.
A legally adopted map that depicts the location of existing and proposed streets, public utilities, public facilities and/or public areas, which may be adopted by the West Nantmeal Township Board of Supervisors in accordance with the provisions of Article IV of the Pennsylvania Municipalities Planning Code.[6]
The Zoning Map of West Nantmeal Township.[7]
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios and recreational areas and facilities. This term
shall not be synonymous with the term "common open space."
The Commonwealth of Pennsylvania.
A parcel of land or lot of record, which was held by the
landowner or his predecessor in title prior to the adoption of this
chapter.
A tract of land designed and utilized by the general public
for active and/or passive recreation purposes.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways and maneuvering space appurtenant
thereto.
The external limits of the permitted or approved off-street
parking area.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide, 20 feet deep, and having
an area of not less than 200 square feet, exclusive of passageways
or other means of circulation or access.
An area or courtyard, which is not covered by a roof or permanent
awning, and is designed for seasonal outdoor living purposes as an
accessory use to the principal structure or building.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces, which do not normally absorb rainfall. Refer
to the definition of "impervious surface" for further clarification.
The Pennsylvania Department of Transportation.
A document issued by the proper regulatory agency authorizing
the applicant to undertake certain activities as specified on the
application or permit.
BUILDING PERMITA permit issued for a specific building, structure or land use which indicates that the proposed construction, alteration, development, reconstruction, or similar activities are in accordance with the appropriate construction provisions established by West Nantmeal Township, and which authorizes an applicant to commence with the activities specified on the application or the provisions of the permit.
CERTIFICATE OF OCCUPANCYA statement issued and enforced by the authorized Zoning Officer and/or Building Code Official upon the completion, conversion, extension or modification of a new building or existing building indicating that the building can be lawfully occupied for the intended use or activity.
DEMOLITION PERMITA permit issued to demolish, remove, destroy and/or eliminate a building or structure.
SEASONAL OR TEMPORARY PERMITA permit issued for a specific building, structure or land use which indicates that the seasonal, special use or temporary activities are in accordance with the appropriate provisions established by West Nantmeal Township, and authorizes an applicant to commence with the seasonal or temporary activities for a defined period of time, not to exceed 180 cumulative days within a calendar year or as specified on the permit.
SIGN PERMITA permit issued for a specific on-premises or off-premises sign.
SPECIAL PERMITA permit issued for a specific use and event on land owned or leased by the applicant for a defined period of time, not to exceed 180 cumulative days within a calendar year and as specified on the permit. Such permitted uses may include carnivals, circuses, bazaars, fairs, seasonal sales or other nonprofit fund-raisers.
A use permitted in a particular district to occupy or use land for a specific purpose in accordance with Chapter 215, Zoning, of this Code, when such use is permitted by right, special exception or conditional use.
The term shall be construed to include an individual, partnership,
public or private association or corporation, limited liability company,
firm, trust, business trust, estate, foundation, municipality, governmental
entity, public utility, other association or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties.
A proposal for development, subdivision or land development,
including all covenants, grants or easements and other conditions
relating to use, location and bulk of buildings, density of development,
common open space and public facilities which complies with the provisions
established by West Nantmeal Township.
Engineering or site plans or drawings maintained by the contractor
as he constructs the project and upon which he documents the actual
locations of the improvements, building components and changes to
the original contract documents. These documents, or a copy of same,
are submitted to the Township at the completion of the project, as
per the requirements of this chapter. Also referred to as "record
plans."
A plan accompanying and forming a part of the preliminary
and final plans detailing the developer's provisions to mitigate impacts
on stream channels, major trees and other important natural features,
and for erosion, surface water runoff, and sediment control, which
includes all information required under this chapter.
The provisions for development, a plat of subdivision, all
covenants relating to use, location and bulk of buildings and other
structures, intensity of use or facilities, common open space and
public facilities. The phrase "provisions of the development plan,"
when used herein, shall mean the written and graphic materials referred
to in this definition.
A complete and exact subdivision plan, prepared as for official
recording, to define property rights, proposed streets and other improvements
in accordance with the requirements of this chapter.
A subdivision plan showing the salient existing features
of a tract and its surroundings and approximate street and lot layout
as a basis for consideration prior to preparation of a final plan
in accordance with the requirements of this chapter.
A plan prepared by an engineer or surveyor registered in
the Commonwealth of Pennsylvania showing the vertical section of the
existing and proposed grade along the center line and right-of-way
lines of any proposed street and improvements.
A final plan approved by the Township and prepared for recording
by a registered engineer or surveyor, showing the ultimate right-of-way
widths of streets, lot lines, easements and all other relevant information
pertaining to the subdivision and/or land development as required
by this chapter.
An informal plan, not necessarily to exact scale, clearly
indicating salient features of a tract and its surroundings and the
general layout of a proposed subdivision or land development which
includes all the information required under this chapter.
A sketch plan for an agricultural preservation subdivision, as noted in Chapter 215, Zoning, used to determine eligibility only. After eligibility is approved, a final subdivision plan meeting all requirements of this chapter shall be required.
A plan showing all the locations, sizes, and types of all
water, gas, and electric lines, all sanitary sewer mains, profiles
and laterals, all storm sewers and gradients, all streetlights, fire
hydrants, all service connections, and all other data pertaining to
existing or proposed facilities which is prepared in accordance with
this chapter.
The West Nantmeal Township Planning Commission, Chester County,
Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the terms of Chapter 215, Zoning, of this Code.
An occupation practiced or performed by an individual who
has been formally educated or trained for such occupation and who
is typically, but not necessarily, licensed or certified in such occupation.
Includes parks, playgrounds, trails, paths and other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
publicly owned or operated scenic and historic sites.
A forum held pursuant to notice under the requirements of
this chapter, the Pennsylvania Municipalities Planning Code and the
Pennsylvania Sunshine Law.[8]
Land area containing recreational facilities, which may require
visitors or participants to become involved in physical or energetic
functions, primarily group functions. Active recreation areas may
include, but are not limited to: athletic fields; basketball courts;
baseball fields; softball fields; football fields; soccer fields;
tennis courts; playgrounds; tot lots; community centers; golf courses;
hockey rinks; skateboard parks, swimming pools; and volleyball courts,
and other similar active recreation areas as determined by the Zoning
Officer.
Land area containing recreation facilities, which may require
visitors or participants to become involved in quiet functions that
do not require physical or energetic functions. Passive recreation
areas may include, but are not limited to, open space, trails for
walking or bicycling, surface water for canoeing or fishing, land
preserve areas for hunting, pavilion, picnic areas, cultural centers,
scenic vistas and amphitheaters.
Land, water, buildings, structures, apparatuses and/or equipment,
which are required to accommodate recreational uses.
A use within a permitted dwelling unit, designed and utilized
as the living quarters for one or more families living independently
of each other. Residential uses may be permitted within single-family
detached units, single-family semidetached units, two-family attached
units, mobile homes, apartment units, townhouse units, and secondary
housing units, provided the type of dwelling unit is a permitted use
within the zoning district to which it is located, and provided that
the dwelling unit is designed to comply with the standards and specifications
referenced by this chapter.
A commercial establishment devoted to the sale of products
and services to patrons within an enclosed building. Retail uses may
include establishments selling food, groceries, beverages, clothing,
business or office supplies, entertainment items, furniture, home
improvement supplies, household products, personal care supplies,
building supplies, sporting goods, equipment, machines, computers,
electronics, pet supplies, medical supplies, agricultural supplies,
automobile supplies, firearms, and other similar retail uses as determined
by the Zoning Officer.
A structure in which stormwater is stored and not released
during the storm event. Retention basins are designed for infiltration
purposes and do not have an outlet.
An examination of the sketch plan, preliminary plan and/or final plan by any one or more of the following to determine compliance of the same with this chapter (including, without limitation, the administrative regulations, design standards, improvement specifications and intent hereof), Chapter 215, Zoning, and all other applicable Township ordinances, codes regulations, plans and maps: Board of Supervisors, Township Engineer, other Township officials, representatives and bodies, and the Chester County Planning Commission.
The width or area of land which is dedicated or reserved
to accommodate streets, utilities, stormwater management facilities,
traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights,
and other public improvements.
LEGAL RIGHT-OF-WAYThe existing width or area of land which is currently owned and maintained by West Nantmeal Township, the Commonwealth of Pennsylvania, and/or other public agency or authority.
ULTIMATE OR REQUIRED RIGHT-OF-WAYThe width or area of land which is determined necessary to reserve and/or dedicate in order to accommodate future public improvements.
The required plumbing fixtures within a permitted use, including
a sink, toilet, bathtub or shower, which are functioning and compliant
with the provisions of West Nantmeal Township.
A system designed to collect, convey, treat and dispose of
sewage from users in compliance with local, county, state and federal
regulations.
ON-LOT SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
COMMUNITY SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
PUBLIC OR MUNICIPAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land, which because of its wastewater disposal requirements may have the option to utilize on-lot sewage disposal methods or connect to a private, community, public or municipal treatment system. The selected method for wastewater collection, conveyance and treatment shall be consistent with the West Nantmeal Township Act 537 Plan, the West Nantmeal Township Sewer Use Ordinance,[9] and Pennsylvania Sewage Facilities Act.[10]
A strip of vegetation matter sufficient to provide an effective
screen, having an initial height of not less than five feet, a height
at maturity of no less than eight feet, and consisting of not less
than 50% evergreen vegetation distributed throughout the length of
the strip.
An essential and unique wetland habitat which is typically
small, shallow, ephemeral water bodies, and has no permanent inlet
or outlet. Seasonal pools are filled by rain and snow melt which typically
dry up for a period of time during the summer season. They are considered
essential since they support a number of species that require temporary
wetland habitats for survival.
Soil or other materials transported by, suspended in or deposited
by surface water as a product of erosion.
Natural features which perform a beneficial function, such
as reducing erosion, or which if disturbed may cause hazards or stress
to life and property such as steep slopes. For the purposes of this
chapter, sensitive environmental features include, but are not limited
to, the following: slopes in excess of 15%; soils classified as highly
erodible, subject to erosion or as having a high-water table; wetlands;
hydric soil area; mature stands of native vegetation; aquifer recharge
and discharge areas; floodplains; and lands incapable of meeting percolation
requirements for on-site sewage disposal systems.
The setback requirements as established for any building
or structure within the applicable zoning district in which it is
located.
The West Nantmeal Township Sewage Facilities Plan, as adopted
by West Nantmeal Township in accordance with the Pennsylvania Sewage
Facilities Act (PA Act 537), as amended from time to time.[11]
A deciduous tree which normally grows with a single trunk
and has a canopy which screens and filters sunshine during specific
seasons during the year.
A small utility or storage building, which is classified as an accessory structure to a principal use in accordance with the provisions of Chapter 215, Zoning, of this Code.
A tall cylindrical structure that is typically located on
a farm for nonresidential uses.
The ownership of a lot by one or more persons, whereas the
ownership is separate and distinct from that of any adjoining land
areas.
Topographic conditions in which the percentage of vertical
to horizontal relief is computed utilizing standard rise-over-run
calculations.
A field test, conducted according to the requirements of
the Pennsylvania Department of Environmental Protection, that measures
absorptive capacity of soil to determine whether the soil is suitable
for on-site sewage disposal facilities.
Soils which have been deposited by the action of flowing
water.
The legal consultant or attorney appointed by the West Nantmeal
Township Board of Supervisors.
Waste, including solid, liquid, semisolid or contained gaseous
materials.
The Commonwealth of Pennsylvania and its designated agencies.
A conservation overlay of land which has been defined in Chapter 215, Zoning, of this Code.
Areas of land in which the topographical conditions exceed a certain slope in pre-development conditions, as further defined in Chapter 215, Zoning, of this Code. The following slope categories are hereby defined as part of the Steep Slope Overlay District:
CATEGORY 1 SLOPESAll land areas in which the topographical conditions have a range of slope between 15% and 25% in slope in pre-development conditions, as measured 100 feet in any straight-line direction.
CATEGORY 2 SLOPESAll land areas in which the topographical conditions exceed a slope of 25% in pre-development conditions, as measured 100 feet in any straight-line direction.
A tall tapering architectural feature of a structure that
is located on the roof of or is part of the superstructure of a permitted
nonresidential use.
Drainage runoff from the surface of the land resulting from
precipitation in the form of rain, snow, sleet, hail or ice.
The West Nantmeal Township Stormwater Management and Erosion
Control Ordinance, as adopted by the Board of Supervisors and amended
from time to time.[12]
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a defined area or development,
while promoting the protection and conservation of surface water,
groundwater and groundwater recharge.
Those controls and measures, including, but not limited to,
berms, terraces, bridges, dams, storm sewers, basins, infiltration
systems, swales, watercourses, and floodplains used to implement the
stormwater management regulations of West Nantmeal Township.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms. The
functional classification of existing streets has been defined as
follows:
EXPRESSWAYSRoutes providing for corridor movements that represent substantial statewide, interstate, or regional travel and movements between major urban areas. Expressways contain the most heavily traveled routes (10,000 to 100,000 trips per day) including multilane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (50 mph to 65 mph) with a minimum of interference to through traffic. Expressways facilitate truck transport by providing optimum conditions. Mobility is the principal function and accessibility should be limited to carefully planned interchanges to preserve the functional classification of expressways.
ARTERIALS (MINOR AND MAJOR ARTERIAL)Routes providing for corridor movements that represent substantial statewide or regional travel and movements between major urban areas. Arterial routes contain heavily traveled routes (5,000 to 25,000) including multilane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (35 mph to 55 mph) with a minor interference to through traffic. Arterial routes facilitate truck transport by providing favorable conditions. Mobility is the major function and accessibility should be limited to preserve the functional classification.
COLLECTORS (MINOR AND MAJOR COLLECTOR)Routes that serve primarily regional or intra-county trips and represent those routes with shorter travel distances than arterial routes. Collector roads contain well-traveled roads (500 to 10,000 trips per day) leading to specific destinations or to expressways and arterial routes. The system is designed for moderate speeds (25 mph to 45 mph) with some interference with designed intersections to permit through traffic. Depending upon its structural integrity and design, collector routes can facilitate lightweight truck transport. Mobility is a significant function and accessibility should be limited to street intersections and driveways in order to preserve the functional classification of collector roads.
MINOR STREETS or LOCAL ACCESS STREETSRoads that primarily serve local trips and represent those routes with shorter travel distances than collector routes. Local roads contain low volume to moderately traveled roads (less than 500 trips per day) leading to collector and arterial routes. The system is designed for lower speeds (25 mph to 35 mph) with interference with a number of designed intersections. Local roads are typically designed to facilitate lightweight truck transport for local deliveries. Mobility is a minor function and accessibility to street intersections, driveways and adjacent land areas is significant for local roads.
MARGINAL ACCESS ROADSRoads that serve specific land uses which are parallel or adjacent to an expressway, arterial or major collector roads. Marginal access roads are typically designed to accommodate the use(s) they directly serve. Accessibility between selective points is an essential design element with control at the point of destination. Many marginal access roads are privately owned and maintained.
CUL-DE-SAC STREETA minor street intersecting another street at one end, and terminating in a vehicular turnaround at the other end.
INTERNAL STREETA minor street used for circulation and access within a development involving multi-residential, commercial and/or industrial land uses.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
PUBLIC STREETA dedicated right-of-way that is owned and maintained by West Nantmeal Township or the Commonwealth of Pennsylvania.
PRIVATE STREETA defined right-of-way that is not owned and maintained by West Nantmeal Township or the Commonwealth of Pennsylvania.
PEDESTRIAN PATHAn improved lane, sidewalk, trail or path, which is specifically designated for pedestrian use either along a street or contained within a park, common open space area, off-street parking area and/or other areas approved for community use.
BICYCLE LANEAn improved travel lane, trail or path, which is specifically designated for persons riding bicycles and other permitted nonmotorized vehicles.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
The limits established by the legal right-of-way line.
A plantation of deciduous hardwood trees within or adjacent
to a street right-of-way, such trees to be approved as to type by
the Board of Supervisors, and having a caliper of not less than 2 1/2
inches.
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land. The term "structure"
shall include, but not be limited to, buildings, stormwater management
facilities, signs, fences, walls, towers, swimming pools, porches,
garages, flagpoles, windmills, water towers, silos, solar energy collectors,
and similar structures as determined by the Zoning Officer.
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than 180 days.
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than 180 days.
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. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
The West Nantmeal Township Subdivision and Land Development Ordinance, as adopted by the West Nantmeal Township Board of Supervisors. (This Chapter 170 of the Code.)
Any subdivision other than a minor subdivision and any land
development that does not involve subdivision.
A subdivision in which:
The written agreement provided under and by this chapter.
Any finished surface or elevation of compacted fill or natural
earth upon which materials of construction are placed.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its previous condition would equal
or exceed 50% of the market value of the structure before the damage
occurred.
Any repair, addition, reconstruction, rehabilitation, addition
or other improvement of a building or structure, the cost of which
equals or exceeds 50% of the market value of the structure before
the improvement or repair is started.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvement for which financial
security was posted) of improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied, or operated
for its intended use.
Conditions below the ground surface which may affect the
design of improvements and structures including the cut slope stability
and foundation stability of soils and rock types, location and extent
of faults, and the groundwater quantity and quality.
An individual registered with the Commonwealth of Pennsylvania,
as authorized to measure the boundaries of tracts of land, establish
locations, and perform the requirements of a survey.
An artificial or natural waterway or low-lying stretch of
land that gathers and conveys stormwater or runoff, and is generally
vegetated for soil stabilization, stormwater pollutant removal, and
infiltration.
Natural and friable loam containing sufficient nitrogen,
phosphorous, and potassium to support plant growth and extending in
depth to the extent of penetration of feeder roots of the prevailing
native grasses.
West Nantmeal Township, Chester County, Pennsylvania.
The West Nantmeal Township Engineer appointed by the West
Nantmeal Township Board of Supervisors.
One or more lots assembled for the purposes of subdivision
or land development.
The specific purpose for which land, water, signage, structures,
or buildings are designed, arranged, or intended to be utilized, occupied
or maintained, or any activity, occupation, residence, business or
operation which may be carried on thereon or therein.
A system designed to transmit water from the source to users
in compliance with the requirements of the appropriate state agencies
and the Township.
A permanent or intermittent stream or other body of water,
whether natural or man-made, which gathers or carries surface water.
Land area that drains to a common water body. As used within
this chapter, the term "watershed" refers to the land areas draining
to the 21 regionally recognized named streams illustrated within the
West Nantmeal Township Stormwater Management Ordinance.[13]
Land areas that are inundated or saturated by surface or
groundwater with 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
generally include swamps, marshes, bogs, and similar areas); or areas
that are defined and delineated in accordance with the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands, dated January
10, 1989, and as may be amended from time to time; or as further defined
and delineated by the United States Army Corps of Engineers, the United
States Environmental Protection Agency, or the Pennsylvania Department
of Environmental Protection.
A conservation overlay of land and water, which include areas of wetlands, hydric soils and high water table soils with hydric components, as further defined and regulated in Chapter 215, Zoning, of this Code.
The clear cutting of healthy mature trees (12 inches or more
in caliper) to provide area for development on an individual lot.
A conservation overlay of woodlands and forested areas which includes separate provisions for the following activities: woodland extraction and replacement; forestry; timber harvesting; tree harvesting and logging; tree protection and replacement; and other activities, which are further defined and regulated in Chapter 215, Zoning, of this Code.
An area of land in which one or more contiguous acres are
mostly occupied or covered by healthy mature trees (12 inches in caliper).
The area of the woodlands shall be measured from the dripline of the
outer trees.
A dimensional layout and construction plan for all improvements,
at scale not smaller than one inch equals 100 feet, prepared by, or
in collaboration with, a registered engineer or surveyor, including
complete information sufficient in detail to obtain bona fide bids
and for construction, including such as-built corrections after construction
as may be applicable.
An open space on the same lot with a structure(s), which
lies between the structure(s) and a lot line and which is unoccupied
and unobstructed from the ground upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between the principal building and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply for every public street the lot abuts.
REAR YARDA yard extending the full width of the lot between the principal building and the rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between the principal building and the nearest side lot line.
The West Nantmeal Township Zoning Map.
The agent or official designated by the governing body to administer and enforce the Chapter 215, Zoning, as appointed by the West Nantmeal Township Board of Supervisors.
Chapter 215, Zoning, of this Code, as adopted by the West Nantmeal Township Board of Supervisors, as may be amended from time to time.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.,
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. § 10401 et seq.
[8]
Editor's Note: See the Sunshine Act, 65 Pa.C.S.A. § 701
et seq.
[10]
Editor's Note: See 35 P.S. § 750.1 et seq., Pennsylvania
Sewage Facilities Act (1967), Act 537 (1966, Jan. 24, P.L. 1535, § 1,
eff. July 1, 1967), as amended.
