[Ord. 138, 7/17/1996, § 201; as amended by Ord. 142, 11/20/1996, § I; by Ord. 163, 6/12/2002, §§ 1 —4; by Ord. 178, 12/1/2004; and by Ord. 185, 8/2/2006]
100-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).
ABUTTo border upon, or lie next to, but not necessarily "contiguous" or "adjoining," which see.
ACCELERATED EROSIONThe 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 undisturbed land.
ACT 247The Pennsylvania Municipalities Planning Code, Act 247 of 1968, (P.L. 805), as now and hereafter amended, by Acts 67, 68, and 127 for 2000, 53 P.S. § 10101 et seq.
ADJOININGTouching at some point or along a line.
AGRICULTURAL LOTExisting lot of record intended for continued agricultural use and from which a new lot or lots is/are created for the purposes of very low density, rural residential development. See § 27-403.2E(1) of the East Vincent Township Zoning Ordinance [Chapter
27] for applicability.
AGRICULTUREThe cultivation of the soil and the raising and harvesting of the products of the soil including, but not limited to, nurserying, horticulture, and the breeding and raising of livestock, and poultry, excluding pets such as dogs, cats, rabbits and the like and excluding horses for the personal recreational use of the occupant of the principal house.
ALLEYA strip of land over which there is a right of way, serving as a secondary means of access to two or more properties.
ALLUVIAL SOILSSoils generally found in floodplains and formed by the deposit of sediments or alluvium washed from uplands. Alluvial soils in East Vincent Township are identified as Bowmansville, Chewacla, Congaree, and Rowland Series soils.
APPLICANTA landowner or developer, as herein defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTAny application, whether preliminary or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a grading permit, building permit, for the approval of a subdivision plat or plan, or for the approval of a land development plan.
BERMA raised earthen structure generally level and formed of compacted soils used for (A) the control of stormwater or other liquids, either by impoundment or diversion, or (B) for screening or landscaping purposes.
BEST MANAGEMENT PRACTICESA listing of stormwater management techniques recommended for use to limit the discharge of stormwater runoff from development of the land, in order of preference as to their use.
BIKEWAYA type of trail corridor designed primarily for bicycle traffic as part of the East Vincent Township Comprehensive Trail System or as otherwise authorized by the Township. Bikeways may serve transportation and/or recreational functions. Except where a designated bikeway route is contained within a road cartway or road shoulder, bikeways shall exclude all motorized vehicles except motorized wheel chairs or as authorized by the Township for maintenance, management, and emergency purposes.
BLOCKProperty bounded on one side by a street, and on the other three sides by a street, right of way, public park, waterway, or other environmental limitation, Township line, or any combination thereof, or any similar limitations.
BOARDFor the purpose of this chapter, the term refers to the East Vincent Township Board of Supervisors. This term is not intended to include the Zoning Hearing Board.
BUFFER AREAAn area to be used as a visual and/or auditory barrier, consisting of a mound, berm or strip of land planted and maintained as an effective barrier separating parcels or uses of land in which no building is permitted.
BUILDERThe person responsible for the erection of the building, whether such person be the subdivider or otherwise.
BUILDINGA combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation. A structure or appendage to a structure which is permanently affixed to the land, and is used for human, animal or chattel enclosure, or in the case of a mobile home, connected in any fashion to any source of electricity, gas, heating fuel, telephone, or to a sewage disposal or water system of any type.
BUILDING COVERAGEThe ratio of the total ground floor area of all buildings, plus the total surface area of any roof overhangs and decks, on a lot to the total lot size of the lot on which they are located, expressed as a percentage.
BUILDING INSPECTORThe Code Enforcement Officer or other designated authority charged with the administration and enforcement of the Township Building Code [Chapter
5, Part
1].
BUILDING LINEA line passing through the point of a building nearest to the front lot line, parallel to such line and at a distance therefrom established by the actual location of the building; the building line may be the same as the "building setback line" or may be farther from the front lot line, but cannot be closer to the front lot line than the building setback line.
BUILDING PERMITA statement issued and signed by the Building Inspector/Code Enforcement Officer authorizing the erection, alteration, or enlargement of a building or structure. The statement should indicate that the proposed activity complies with the applicable Township codes and ordinances.
BUILDING SETBACK LINEA line established within a lot, measured from the street right-of-way line and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of a corner lot, the building setback line shall be established parallel to all streets. In the case of an interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way measured from the property line nearest the street, for the entire width of the lot, defining the minimum distance in which no building may be constructed.
CARTWAYThe area of the street available for use by vehicular traffic, including travel lanes, but not including shoulders, curbs, gutters, sidewalks, or drainage swales.
CHANNEL STABILIZATIONAny means of maintaining the lining of an outlet channel impervious to stormwater flow in consideration of the volume and velocity of the flow, including, but not limited to sodding, plastic or jute mesh, glass fiber matting, asphalt, concrete, stone rip rap, etc.
CLEAR SIGHT DISTANCEThe required line of unobstructed vision for a driver at the intersection of a new driveway or road with an existing pavement edge.
1. For all proposed streets and driveways, the longest required line of unobstructed vision along a street cartway measured from a point 3 1/2 feet above the centerline to an object 3 1/2 feet above the proposed new intersecting pavement and as measured 10 feet back of the existing pavement edge.
2. 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.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined as lines of sight between points at a given distance from the intersection of the street rights of way, cartways, or centerlines.
CODE ENFORCEMENT OFFICERThe Code Enforcement Officer, charged with enforcing the literal terms of this chapter or the representative agent of the Zoning Hearing Board. The Code Enforcement Officer is the Zoning Officer as described in Municipalities Planning Code, § 614, 53 P.S. § 10614.
COMMERCIALA use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities.
COMMON OPEN SPACERestricted open space within a development designed and intended for the use or enjoyment of residents of the development, and conforming to all applicable provisions of Part
9 of the East Vincent Township Zoning Ordinance [Chapter
27].
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLANThe Comprehensive Plan of East Vincent Township, as adopted and amended from time to time.
COMPREHENSIVE TRAIL SYSTEMA system of interlinking trails throughout East Vincent Township, designated for transportation and recreation purposes. The East Vincent Township Comprehensive Trail System Plan delineates existing and proposed trails and is available from the Township.
COMPREHENSIVE TRAIL SYSTEMA system of interlinking trails throughout the Township, designated for transportation and recreation purposes, as conceptually delineated on the East Vincent Township Trail System Map, including subsequent additions or amendments thereto.
CONDITIONAL USEA use which is not necessarily appropriate to a particular zoning district, but which may be suitable when specific conditions and factors prescribed for such cases within the East Vincent Township Zoning Ordinance [Chapter
27] are present. Conditional uses are approved or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission as set forth in Part
19 of the East Vincent Township Zoning Ordinance [Chapter
27].
CONDOMINIUMA form of ownership of real property including an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq., as may be amended from time to time.
CONSERVATION PLANA plan for the conservation of precipitation and soils meeting the standards established and revised from time to time by the Pennsylvania Department of Environmental Protection, the Chester County Soil and Water Conservation District, and by the Natural Resources Conservation Service of the U.S. Department of Agriculture.
CONSTRUCTIONThe erection or alteration of any structure and/or any disturbance of the existing surface of the land or any disturbance to existing vegetation related to the erection or alteration of structures thereon, including the cutting of trees or clearing of brush, provided that limited disturbance to soil or vegetation associated with the entering upon the premises for purposes of surveying, staking, or to obtain necessary data on existing conditions shall not be deemed "construction."
CONTIGUOUSTouching along all or most of one side. Not the same as "abut," which see.
CONTRIBUTING RESOURCEA building, structure or site adding to the historical significance of an individual property or an historic district. Contributing resources included in the East Vincent Township Historic Resource Inventory shall be regulated as Class I or Class II resources with the same classification as the principal resource(s) to which they contribute.
CRITICAL ENVIRONMENTAL AREASAreas consisting of floodplain conservation, high water table soils, wetlands, steep slopes, prime woodlands, visually sensitive areas, and historic resources as defined in the Township's Open Space, Recreation, and Environmental Resource Plan.
CROSSWALKA right of way exclusively for pedestrian or nonmotorized vehicle travel across a street.
CUL-DE-SACA single access local street intersecting another street at one end and terminated at the other end by a permanent or temporary vehicular turnaround.
DATE OF SUBMISSIONDate on which a completed application for subdivision and land development together will all required information, fees, etc., is received by the East Vincent Township municipal offices.
DBH (dbh)The diameter of a tree at breast height, more specifically measured 4.5 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree.
DESIGN STANDARDSMinimum standards for the layout by which a subdivision or land development is developed.
DETENTION BASINA structure designed to retard surface water runoff for a period of time sufficient to provide for a reduced rate of discharge through a controlled outlet, and to retard the velocity as a means of preventing erosion.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission from a landowner, who makes or causes to be made an application for subdivision and/or land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, and the subdivision of land.
DEVELOPMENT AGREEMENTA written contract between an applicant and the Township specifying the conditions of final approval by the Township and other provisions required by the Township to effectuate the purposes of this chapter.
DIVERSIONSA channel or ditch and embankment constructed across a sloping land surface, either on the contour or at predetermined gradient, to intercept and divert stormwater before it gains sufficient volume or velocity to scour or cause harmful erosion.
DRAINAGEThe flow of water or other liquid and the means or structures for directing such flow, whether surface or subsurface, and whether natural or artificial.
DRAINAGE AREAThe upstream watershed area of a drainage basin measured from a point of discharge in the watercourse.
DRAINAGE FACILITYAny structure or improvement designed, intended or constructed for the purpose of diverting surface waters from or carrying surface water off streets, public rights of way, or any part of any subdivision or land development.
DRIP LINEA generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
DRIVEWAY, COMMONA means of private access when approved by the Board of Supervisors, serving two or more lots, the use and maintenance of which is shared by the property owners.
DRIVEWAY, PRIVATEThat portion of a lot which is intended for vehicular use and which is privately owned, and serves one lot, whether paved or unpaved.
EARTH MOVING ACTIVITYMan-made activities resulting in the movement of soil or the stripping of vegetative cover from the earth.
EASEMENTAn interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.
EASEMENT, CONSERVATIONA legal agreement between a property owner and an appropriate conservation organization or governmental entity, through which the property owner establishes certain use restrictions over all or portions of the property for conservation purposes.
EFFECTIVE SCREENAny arrangement of structural or vegetative materials capable of diverting or interrupting a clear view of an object or activity, but not necessarily 100% opaque during all seasons of the year.
ENGINEER, TOWNSHIPA registered professional engineer, licensed by the Commonwealth of Pennsylvania, duly designated by the Board to perform the duties of engineer as herein specified.
EROSIONThe process by which soils, vegetation and man-made materials on the earth's surface are worn away by action of water, wind, frost, or a combination of such action by natural forces.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FILLAny earth, sand, gravel, rock, or any other material, except landscape plantings or other customary landscape materials, which is deposited, placed, pushed, dumped, pulled, transported, or moved to a new location, including conditions resulting therefrom.
FLOOD HAZARD DISTRICT OR AREAThose areas of East Vincent Township which are identified as being a Flood Hazard District or Area as described in §
27-1501 of the Township Zoning Ordinance [Chapter
27], as amended.
FLOODPROOFINGAny combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAYThe designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
FOOT-CANDLEA unit of light intensity stated in lumens per square foot and measurable with an illuminant meter, aka, foot-candle or light meter.
FORBA broad-leaved flowering plant, as distinguished from the grasses, sedges, etc.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principals and where otherwise in conformance with the provisions of this chapter and/or Zoning Ordinance [Chapter
27], as applicable, and including development, cultivation, harvesting, transporting and selling of trees for commercial purposes, but excluding any land development.
FREE-BOARDThe distance between the highest desired level of water and the top or flow-line of the structure impounding it.
FRONT LOT LINEFront lot line shall mean the line separating such lot from any street or public right-of-way, whether or not it is the recorded boundary of the lot.
GRADE, EXISTINGThe elevation, relative to a given datum, of the ground surface prior to any excavation or fill.
GRADE, FINISHEDThe elevation, relative to a given datum, of the ground surface after completion of any excavation or fill.
GRADE, PROPOSEDThe elevation, relative to a given datum, of the ground surface proposed to be achieved by excavation or fill.
GRADINGThe changing of the surface of the ground by excavation or filling, or combination of the two; the act of moving earth.
GRADING PLANA plan to scale showing existing and proposed buildings and other structures, as well as existing and proposed contours at sufficient intervals to define location, depth and gradient, and general slope of the ground.
GUARANTEE, MAINTENANCEAny approved security which may be required of the applicant by the Township upon final acceptance by the Township of installed improvements.
GUARANTEE, PERFORMANCEAny approved security which may be required of the applicant by the Township as a condition of final plan approval to guarantee public improvements are installed in accordance with the final plan and the applicable provisions of this chapter.
HEDGEROWA linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fencelines, property lines, or between fields, and may occur naturally or be specially planted (e.g. as a windbreak).
HISTORIC RESOURCEAny building, wall, bridge, structure, road, trail, quarry, archeological site or cultural artifact identified in the Chester County Historic Sites Survey and/or meeting the definition of either Class I or Class II Historic Resources in accordance with § 27-1403.2 of the East Vincent Township Zoning Ordinance [Chapter
27].
HISTORIC STRUCTUREAny structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A. By an approved state program as determined by the Secretary of the Interior.
B. Directly by the Secretary of the Interior in states without approved programs.
HOMEOWNERS ASSOCIATIONA non-profit organization comprised of homeowners or property owners, planned and operated under approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned or controlled property, subject to the provisions of the Pennsylvania Uniform Planned Community Act of 1996, 68 Pa.C.S.A. § 5101 et seq.
HYDRIC SOILSFor purposes of determining compliance with the provisions of this chapter, those soil types identified as hydric soils or soils with hydric inclusions by the U.S. Soil Conservation Service, as mapped for the Soil Survey of Chester and Delaware Counties, shall be considered hydric soils in the Township of East Vincent including, but not limited to:
Bo | Bowmansville Silt Loam |
Ch | Chewacla Silt Loam |
Cn | Congaree Silt Loam |
CrA | Croton Silt Loam (0 to 3% slopes) |
CrB | Croton Silt Loam (3 to 8% slopes) |
GnB | Glenville Silt Loam (3 to 8% slopes) |
RdA | Readington Silt Loam (0 to 3% slopes) |
RdB | Readington Silt Loam (3 to 8% slopes) |
RdB2 | Readington Silt Loam (3 to 8% slopes, moderately eroded) |
Ro | Rowland Silt Loam |
Rp | Rowland Silt Loam, dark surface |
WoA | Worsham Silt Loam (0 to 3% slopes) |
WoB | Worsham Silt Loam (3 to 8% slopes) |
WoB2 | Worsham Silt Loam (3 to 8% slopes, moderately eroded) |
WoC2 | Worsham Silt Loam (8 to 15% slopes, moderately eroded) |
WsB | Worsham Very Stony Silt Loam (0 to 8% slopes) |
W | Water |
Where site conditions indicate differing location of hydric soils or hydric inclusions, the burden shall be on the applicant to verify such location(s) to the satisfaction of the Township Board. Where tile drainage has been introduced to drain soils defined herein as hydric soils, such areas shall be considered hydric for the purpose of this chapter. |
Appendix C lists all hydric soils in Chester and Delaware Counties, including those listed above. |
HYDROLOGIC SOIL CLASSIFICATIONThe classification of soils into groups by their potential for creating stormwater runoff. The hydrologic classification of soils is shown in Appendix D.
ILLUMINANCEThe quantity of light measured in foot-candles or lux.
IMPERVIOUS COVERAny surface which does not absorb precipitation or runoff. All buildings, including roof overhangs, parking areas, driveways, roads, sidewalks, decks, and other such areas in concrete or asphalt shall be considered components of impervious cover. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall also be considered as contributing to total impervious cover. For purposes of determining compliance with maximum impervious cover limitations on any lot or tract, impervious cover shall be measured as a percentage of net tract area, defined herein. In no event shall the calculation of impervious cover for any lot exceed the maximum impervious coverage percentages set forth under the area and bulk regulations of each Zoning District established within the East Vincent Township Zoning Ordinance [Chapter
27]. The term "impervious area" as used in this chapter shall have the same meaning as "impervious cover."
IMPROVEMENT SPECIFICATIONSMinimum standards for the construction of the required improvements such as streets, curbs, sidewalks, water mains, sewer, drainage, public utilities and other items required to render the land suitable for the use proposed.
IMPROVEMENTSGrading, paving, curbing, street lights and signs, fire hydrants, water mains, sanitary sewer mains, including laterals to the street right of way line, storm drains, including all necessary structures, sidewalks, crosswalks, street trees and monuments and other man-made facilities that may be necessary, desirable or proposed in a subdivision or land development in order to render the land suitable for the use or uses intended.
IMPROVEMENTS, PUBLICImprovements including, but not limited to, grading, paving, curbing, fire hydrants, water mains, sanitary sewers, stormwater detention and/or retention basins and other surface drainage facilities, recreational facilities, open space improvements, buffer or screen plantings, retaining walls, street signs, monuments or the like, which may be required and may be intended for dedication to the Township.
LAND DEVELOPMENTAccording to usage:
1. The improvement of one or more contiguous lots, or tracts or parcels of land for any purpose permitted in this chapter involving a group of two or more buildings, whether proposed individually or cumulatively, or one nonresidential building on a lot or lots regardless of the number of occupants or tenure; or the division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, building groups or other features.
2. A division of land into lots for the purpose of conveying or leasing such lots singly or in groups to any person, partnership or corporation for the purpose of erection of buildings by such person, partnership or corporation.
3. The conversion of an existing single-family detached dwelling into not more than three residential units, unless such units are intended to be a condominium, and the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building, shall not be considered a land development, pursuant to the Commonwealth's Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
LAND DISTURBANCEAny activity that exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive alien vegetation. (See definition of "woodland disturbance".) Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of "land disturbance."
LANDOWNERThe 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.
LANDSCAPINGThe planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, other than for agricultural purposes, and including the maintenance and replacement thereof, for control of erosion, retention of precipitation, protection against elements or promotion of human comfort and welfare.
LEVEL OF SERVICEA description of traffic conditions along a given roadway or at a particular intersection according to the Highway Capacity Manual, Transportation Research Board, 1994, and as amended thereafter.
LIGHT TRESPASSLight emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is sited.
LOCAL/COLLECTOR TRAILA type of trail that is part of the East Vincent Township Comprehensive Trail System and that is designed as an on-site recreation resource and as a means of connection to one or more multi-use arterial trails. Such trail may, but need not, serve multi-use functions.
LOTA tract, plot or parcel of land occupied or capable of being occupied by a building or permitted structure and its accessory buildings, in compliance with the terms of this chapter, together with such open spaces as are arranged and designed to be used in connection with such buildings, held in single or joint ownership. The term "lot" shall also mean parcel, plot, site, or any similar term, but shall not be confused with "outlot," which see. For purposes of determining compliance with maximum impervious cover limitations, a "lot" shall be considered a "tract" and the definition of "net tract area" shall apply.
LOT AREA, GROSSThe total land surface contained within the limits of the property lines bounding the lot.
LOT AREA, NETThe total land surface contained within the limits of the property lines bounding the lot, exclusive of any streets; rights-of-way; easements for purposes of access, stormwater management, sewer or water service or other infrastructure; any area within the Flood Hazard District as established in §
27-1501 of the Zoning Ordinance [Chapter
27]; and any area comprising wetlands under the jurisdiction of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection. For purposes of determining compliance with maximum impervious cover limitations, the definition of "net tract area" shall apply.
LOT DEPTHThe distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the centerline of the street or any other line within the street lines even though such may be the property boundary.
LOT WIDTHThe distance between side lot lines at the building setback line, measured parallel to the street line. Where the street line is curved or angled, the lot may be measured as an arc distance instead of a straight line. In the case of a corner lot, the horizontal distance between the side lot line and the opposite front lot line of the lot measured at and along the building setback line.
LOT, CORNERA lot at the junction of, and abutting on two or more intersecting streets, or at the point of abrupt change in direction of a single street, where the interior angle of intersection does not exceed 135°.
LOT, INTERIORAny lot which only has access to a street by either an easement or right-of-way and may be characterized as "landlocked"; or any lot which has limited frontage to a street by virtue of being "flag-shaped." Interior lots are prohibited by § 22-403.4 of this chapter.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
LUMINANCEThe physical and measurable quantity corresponding to the brightness of a surface (e.g., a lamp, luminaries, reflecting material) in a specific area, and measurable with a luminance meter.
LUXA unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per foot-candle.
MAP, OFFICIALA map, legally adopted by the Board of Supervisors, showing officially dedicated, ordained, opened, or planned streets, existing parks and other properties, or those proposed for acquisition by the Township by condemnation, purchase, dedication or otherwise.
MARKERAn iron pipe or pin of at least 3/4-inch diameter, and at least 30 inches in length.
MEADOWAn open grassland devoid of woody plants. In the eastern U.S., an old field in a successional stage within a mature plant community; an interruption of the ongoing process of establishing the climax deciduous forest. A meadow can be maintained in a stable condition by the selective removal of invading woody plants.
MINIMIZETo reduce to the smallest amount or extent possible. "Minimize" shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect(s) of the action required to be minimized. "Minimize" shall include, but not be limited to, the requirement that the placement of dwellings and other structures and the locations of roads, stormwater management facilities, and other land disturbance shall be planned and designed to reduce the adverse effect(s) of the activity in question to the smallest amount possible under the circumstances consistent with otherwise permitted development.
MITIGATION1. An action undertaken to accomplish one or more of the following:
A. Avoid and minimize impacts by limiting the degree or magnitude of the action and its implementation.
B. Rectify the impact by repairing, rehabilitating or restoring the impacted environment.
C. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
2. If the impact cannot be eliminated by following Paragraphs A(1) through A(3) above, compensation for the impact by replacing the environment impacted by the project or by providing substitute resources or environments.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy contained in one unit, in two units, or in three 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 packing and assembly operations; and constructed so that it may be used without a permanent foundation, but with the same, or equivalent, electrical, plumbing and sanitary facilities as for a conventional dwelling. A mobile home shall include any addition or accessory structure, such as porches, sheds, decks or additional rooms. For floodplain management purposes, the term "mobile home" includes "manufactured home" and also includes park trailers, travel trailers, recreational and similar vehicles which are placed on a site for more than 180 consecutive days. For flood insurance purposes, the term "manufactured home" does not include "park trailer," "travel trailer," or other similar vehicles.
MOBILE HOME PADA concrete pad at least six inches in thickness with at least six tiedown rings to which the mobile home shall be secured, and equal in length and width to the dimensions of the mobile home to be placed thereon.
MOBILE HOME PARKA parcel of land under single ownership which has been planned and improved for placement of mobile homes for non-transient use, consisting of two or more mobile home lots.
MOBILE HOME/MANUFACTURED HOME LOTA parcel of land in a mobile home park or subdivision, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home either leased or held in private ownership.
MONUMENTA stone or concrete monument with a flat top at least four inches in diameter or square, and at least 24 inches in length, to the top of which is permanently affixed a reference mark. The monument shall be tapered so that the dimensions at the bottom are at least two inches greater than the top, to minimize movement caused by frost.
MULTI-USE ARTERIAL TRAILA type of trail that is part of the East Vincent Township Comprehensive Trail System and that offers low-speed transportation and recreation opportunities to pedestrian, bicycle, and equestrian users. Such trail segments provide the principal connecting routes between destinations within the Township and to multi-municipal and regional trail systems beyond the Township.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after August 20, 1969, and includes any subsequent improvements thereto.
OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water which, regardless of ownership, is restricted from further subdivision or development other than open space purposes permitted in accordance with this chapter and the East Vincent Township Zoning Ordinance [Chapter
27]. Open space shall exclude public or private rights-of-way and shall be substantially free of structures and impervious surfaces but may contain such improvements as are in a development plan as finally approved, or an open space management plan, and as are necessary or appropriate for permitted open space use. Open space may include recreational facilities such as tennis courts, squash courts, playgrounds, golf courses, swimming pools or other like uses. Open space may include stormwater management facilities where approved by the Board of Supervisors subject to applicable provisions of this chapter and the Zoning Ordinance [Chapter
27].
OPERATORThe owner of a mobile home park, or his authorized agent, who is duly licensed for maintaining a mobile home park in the Township.
OUTLOTA tract, plot or parcel of land precluded from occupancy, or incapable of being occupied by a building or permitted structure and its accessory buildings, as a result of subdivision or severance from a larger tract, plot or parcel conducted in accordance with this chapter.
PASTUREA plant community or area of vegetation dominated by grasses which is actively or periodically grazed by livestock or which is managed through mowing to maintain the appearance and vegetative characteristics of pasture.
PENNDOTFor the purpose of this chapter, the Commonwealth of Pennsylvania Department of Transportation.
PERIMETER BUFFERSAn area to be used as a visual and/or auditory barrier, consisting of a mound, berm, or strip of land planted and maintained as an effective barrier separating parcels or uses of land.
PERSONAny individual, partnership, firm, association, corporation, or organization.
PLAN, AS-BUILTA finally revised working drawing corrected to show all changes in design; sizes or location which may have been made during actual construction and represents the actual location of improvements.
PLAN, EXISTING FEATURESA plan depicting natural and cultural features of a site intended to promote design sensitive to the unique natural and cultural features of the landscape. The plan shall accompany sketch, preliminary and final plan submission, and shall include all information required under § 22-307.1 of this chapter.
PLAN, FINALA complete and exact land development or subdivision plan prepared by a registered engineer, land surveyor, landscape architect or architect for official recording as required by Act 247 to define property rights and proposed streets and other improvements in accordance with the requirements of §
22-306 of this chapter.
PLAN, IMPROVEMENT CONSTRUCTIONA plan prepared by a registered engineer showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this chapter.
PLAN, LAND DEVELOPMENTA plan prepared by a licensed civil engineer depicting all aspects of a particular land development as required herein, including all exhibits, drawings, cross-sections, profiles and descriptive text to the degree of detail specified herein and sufficient to portray the full intent of a developer.
PLAN, LANDSCAPEA plan prepared by a registered engineer or landscape architect, showing all proposed landscaping, screening, buffering and plantings, which shall conform to the requirements of §
22-422 of this chapter, and shall accompany subdivision and/or land development plans, or as otherwise required pursuant to the provisions of the East Vincent Township Zoning Ordinance [Chapter
27].
PLAN, OPEN SPACE MANAGEMENTA plan which provides for the long term management over time of private, public, or common open space, in accordance with Part
9 of the East Vincent Township Zoning Ordinance [Chapter
27].
PLAN, PRELIMINARYA land development or subdivision plan prepared by a registered engineer, land surveyor, landscape architect or architect in lesser detail than a final plan, showing proposed street, drainage, lot layout and other improvements in accordance with the requirements of §
22-305 of this chapter as a basis for consideration prior to preparation of a final plan.
PLAN, PROFILEA 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 centerline and right of way lines of any proposed street and public improvement.
PLAN, RECORDThe copy of the final plan which contains the original endorsements of the County Planning Commission and the Township which is intended to be recorded with the County Recorder of Deeds and may be appended by the inclusion of an as-built plan.
PLAN, SKETCHAn informal plan, approximately to scale, indicating topographic and other salient existing features of a tract and its surroundings and general layout of the proposed subdivision or land development.
PLAN, UTILITIESA plan prepared by a registered engineer or surveyor, showing location, sizes and types of all water, gas and electric lines, all sanitary sewer mains, profiles and laterals, all storm sewers and gradients, all street lights, fire hydrants, all service connections, and all data pertaining to existing or proposed utilities.
PLANNING COMMISSIONFor the purpose of this chapter, the Planning Commission of East Vincent Township.
PLAT, RECORDThe final plat, or engineering layout of streets and lot easements, common open spaces and public grounds, which has been duly approved by all necessary officials and recorded in the Office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.
PROFESSIONAL FORESTERA person who has a minimum of a bachelor of science degree in forestry from a four-year college accredited by the Society of American Foresters and acceptable to the Board of Supervisors.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Board of Supervisors, the Planning Commission or the Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986, P.L. 1988, known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such public notice shall, at a minimum, state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall be not less than seven days from the date of the hearing.
RECREATION, ACTIVEThose recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts and swimming pools.
RECREATION, PASSIVERecreational pursuits which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include, but are not limited to, hiking, biking and picnicking.
REGISTERED LANDSCAPE ARCHITECTA professional that is registered as a Landscape Architect with the Harrisburg Chapter of the American Society of Landscape Architects (ASLA).
RESTRICTED OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water which, regardless of ownership, is restricted from further subdivision or development other than open space purposes permitted in accordance with this chapter. Restricted open space shall exclude public or private rights-of-way and shall be substantially free of structures and impervious surfaces but may contain such improvements as are in a development plan as finally approved, or an open space management plan, and as are necessary or appropriate for permitted open space use. Restricted open space may include stormwater management facilities where approved by the Board of Supervisors subject to applicable provisions of this chapter and the East Vincent Township Zoning Ordinance [Chapter
27].
RESUBDIVISIONAny replatting or resubdivision of land, limited to changes in lot lines on approved final plan or recorded plan as specified in this chapter. Other replattings shall be considered as constituting a new subdivision of land. See also "Subdivision."
REVIEWAn examination of the sketch plan, preliminary plan, and/or final plan by the Planning Commission, Board of Supervisors, Township Engineer, Township Planner other Township officials, representatives and bodies, the Chester County Planning Commission, and any other applicable agencies to determine compliance with this chapter, the Zoning Ordinance [Chapter
27], and all other applicable Township Ordinances, and the administrative regulations, design standards and improvement specifications enacted pursuant thereto.
RIGHT-OF-WAYThe total width of any land acquired by any means and reserved, dedicated, or intended for use as a street, alley, crosswalk, utility or for any other public or private purpose, as reflected on a recorded easement, deed, subdivision plat, boundary plat, or dedication plat. Where additional right(s)-of-way may be required for future occupation by a road or street, including for purposes of ultimate widening, or for a crosswalk, trail, railroad, electric transmission lines, oil or gas pipelines, water lines, sewer mains, storm sewers, or other similar uses, the Township may require that the ultimate right(s)-of-way for such purpose(s) be indicated in any appropriate documentation. Any provisions herein requiring measurement from the right-of-way, including but not limited to yard area setback regulations, shall be measured from the ultimate right-of-way wherever applicable.
RIPARIAN BUFFER AREASAny area comprised of one or more of the following:
1. Any area within 75 feet of the bank, of any stream, lake or pond.
2. Any wetlands and any area within 25 feet of any wetland.
SCREENINGThe use of plant materials, fencing and/or earthen berms to aid in the concealment of such features as parking areas and vehicles within them, and to provide privacy between two or more different land uses which abut one another.
SEDIMENTThe silt or small soil particles held or carried in suspension by water, including that which is thus deposited at a lower level.
SEPTIC TANKA covered watertight settling tank in which raw sewage is changed into solid, liquid, and gaseous states to facilitate further treatment and final disposal.
SERVICE AREAThis term refers to the area anticipated to be served by existing or proposed urban, neighborhood or community parks as provided in the Township Park, Recreation and Open Space component of the Comprehensive Plan, and more specifically addressed in §
22-428 of this chapter.
SEWAGE FACILITIES OR SYSTEMS1. INDIVIDUAL ON-SITEAn individual sewage disposal system as defined and regulated by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
2. CENTRAL/COMMUNITY COLLECTION AND TREATMENTA sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.
3. PUBLIC SEWAGE SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SEWER CONNECTIONThe sewer connection consists of all pipes, fittings and appurtenances from the drain outlet of a building to the inlet of the corresponding sewer riser pipe.
SEWER RISER PIPEThe sewer riser pipe is that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each building.
SIGHT DISTANCEThe length of street visible to the driver of a vehicle, essentially unobstructed.
SINGLE ACCESS STREETAn interior residential street including, but not limited to, cul-de-sac and loop designs, which is designed to provide only one point of intersection with an existing through road.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SITEA lot, tract or parcel of land on which grading, construction or land development is taking place, or is proposed to take place; the location of the work.
SITE RESTORATIONMeasures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.
SLOPEThe ratio of the change in elevation (rise) over the horizontal distance (run) as measured between consecutive contour lines, expressed as a percentage.
SOIL PERCOLATION TESTA field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
SPECIMEN VEGETATIONIndividual trees or other vegetation determined to be of specimen quality as determined by a registered landscape architect or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree and is not considered an all-inclusive list. Any tree equal to or exceeding 24 inches dbh shall be considered a specimen tree.
Examples of Potential Specimen Trees |
|---|
Species | dbh |
|---|
Apple | 24" |
Ash | 32" |
Beech | 32" |
Cherry | 24" |
Elm | 30" |
Hemlock | 30" |
Hickory | 32" |
Locust | 30" |
Maple | 32" |
Oak | 32" |
Osage Orange | 20" |
Pine | 30" |
Sassafras | 20" |
Spruce | 30" |
Sycamore | 36" |
Tulip Poplar | 36" |
Walnut | 30" |
STABILIZATION, CRITICAL ENVIRONMENTAL AREAThe establishment and maintenance of a suitable vegetative cover, the application of mulches, such as wood-fiber blanket or erosion control netting, the erection of dikes or other structures or barricades to prevent erosion, usually in areas of excavation or fill, or of severe erosion, where there is a critical environmental area, and a hazard to properties downstream, or a danger of undermining of nearby structures, as determined by the Township Engineer and/or Planning Commission.
STORMWATERAny precipitation, but usually rainfall, which is sufficient to flow on any natural or impervious surface; frequently termed "runoff."
STREAMAny natural watercourse flowing on the surface of the earth.
STREETA strip of land, including the entire right-of-way, devoted or intended for public (dedicated) or private (undedicated) use primarily as a means of vehicular circulation to provide access to more than one lot. Streets also may accommodate pedestrian circulation. The term "street" shall be construed as synonymous with thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, way, service street, and road or similar terms. Streets are further classified within the East Vincent Township Comprehensive Plan.
STREET CENTER LINEThe center line of a proposed street is a line which is an equal distance from both street lines.
STREET LINEThe dividing line between a lot and the outside boundary or ultimate right-of-way line of a public street, road, or highway legally open or officially platted; or between a lot and a privately owned street, road, or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STREET, COMMERCIAL OR INDUSTRIALA street used primarily as the means of access to abutting commercial or industrial properties which, in no case, shall be less than the requirements for a collector street.
STREET, PRIVATEA street not offered or not required to be offered for dedication.
STRUCTUREAn assembly of material having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including among other things, buildings, signs, fences, or walls, aerials, and antennae, porches, platforms, piers, pipelines, paddle tennis courts, shelters, swimming pools, tents, towers, tanks, tennis courts, and telephone poles. "Structure" includes, but is not limited to, buildings, manufactured homes, open sheds and similar enclosures with less than four walls and/or a roof.
STUBAny street laid out in a subdivision or land development, intended for connection to a future street on adjoining property.
SUBDIVISIONThe division or redivision of a single 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 dwellings shall be exempted.
SUBGRADEAny finished surface or elevation of compacted fill or natural earth upon which materials of construction are placed.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny construction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceed 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. This term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the Code Enforcement Officer and which are the minimum necessary to assure safe living conditions.
2. Ay alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
SURVEYORA licensed surveyor registered by the Commonwealth of Pennsylvania.
THEME LIGHTINGExterior fixtures and posts which are manufactured to a high level of design and craftsmanship from material such as (but not limited to) wrought iron, cast aluminum, brass or copper, and installed to be consistently used throughout designated areas of East Vincent Township including, for example, locations where promotion of a particular village character or historical theme is desired.
TOPSOILNatural and friable loam containing sufficient organic nitrogen, phosphorus and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
TOWNSHIPThe Township of East Vincent, Chester County, Pennsylvania.
TRACTOne or more lots assembled and presented as a single property for purposes of subdivision or land development.
TRACT AREA, GROSSFor purposes of establishing the minimum open space required or, where applicable, the maximum number of dwelling units permitted, the gross tract area shall include all areas within the titled lines of a tract.
TRACT AREA, NETFor purposes of establishing the maximum permissible number of lots or dwelling units on any tract, or for determining compliance with maximum impervious cover limitations, the net tract area shall include all areas within the titled lines of a tract, excluding the following:
1. Any existing area that has been set aside as a permanent right-of-way or easement for a public or private street or for aboveground or underground utilities other than for local service.
2. Any existing area comprising permanent drainage or stormwater management easements.
3. Any existing area comprising sewage disposal facilities serving any property not part of the subject tract.
4. An area equivalent to 75% of any area comprised of one or more of the following areas and excluding any area already excluded by Paragraphs A, B, and C above:
A. Any area within the Floodplain District as established in §
27-1501 of the Zoning Ordinance [Chapter
27].
B. Any area comprising wetlands under the jurisdiction of the United States Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection; the Township reserves the right to retain a wetlands scientist or other qualified consultant to ascertain the extent of jurisdictional wetlands, reasonable and necessary charges therefore to be borne by the applicant.
C. Any area of steep slope, as defined herein and where the ratio of the change in elevation over the horizontal distance as measured between consecutive two-foot contour intervals exceeds 15/100.
TRAILA corridor through which passes, or will pass, a pedestrian or equestrian accessway or a bikeway as part of the East Vincent Township Comprehensive Trail System or as otherwise authorized or designated by the Township. A trail is to serve transportation, commuting, and/or recreational functions as part of an inter-modal transportation system. Trails shall exclude all motorized vehicles except motorized wheel chairs or as authorized by the Township for maintenance, management and emergency purposes.
TRAIL CARTPATHThe area within a trail right-of-way that is designed and constructed for regular use by the intended trail users and provided with an appropriate surface for that purpose.
TRAIL SHOULDERThe areas within a trail right-of-way that are immediately adjacent to the trail cartpath and designed in accordance with the standards of this chapter.
TURNAROUNDA paved or partially paved, partially unpaved and open circle, terminating a cul-de-sac or street.
USEAny purpose for which a building or other structure or a tract or lot of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.
UTILITIESSanitary sewer lines, water lines, fire hydrants, street lights, storm sewer lines, manholes, inlets, catch basins, gas lines, electric lines, and other facilities of the same general character.
VEGETATION, PERMANENTPerennial grasses, legumes or other long lived indigenous or native plant materials, depending upon the degree of refinement desired.
VEGETATION, TEMPORARYFast growing grasses, usually annuals, such as rye, oats, sudan, or other appropriate non-invasive cover to prevent erosion until permanent vegetation can be installed.
VIEWSHEDExtent of land encompassed within a view of the surrounding landscape available to be seen from any particular point or location in the Township as represented in the Township's Open Space, Recreation, and Environmental Resource Plan.
WATER SUPPLY SYSTEMS1. INDIVIDUAL SYSTEMA safe and healthful supply of water, to a single user from a private well located on the lot in which the use is located.
2. CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site and may be publicly or privately owned.
WATER TABLEThe upper surface of a zone of saturation except where that surface is formed by an impermeable body.
WATERCOURSEA permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or man-made, and having defined bed and banks.
WATERS OF THE COMMONWEALTHAny and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
WETLAND DELINEATIONThe on-site method or process for identifying jurisdictional wetlands which is currently or hereafter be adopted by the Pennsylvania Department of Environmental Protection (Note: the Commonwealth currently requires the methodology outlined in the Corps of Engineers Wetlands Manual Technical Report Y-87-1, January 1987).
WETLANDSAreas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers.
WILD CROPSIndigenous vegetation such as berries, mushrooms and other vegetation used as forage by wild animals in the area.
WOODLANDA tree mass or plant community in which tree species are dominant or co-dominant, the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (i.e., larger than six inches dbh) covering an area of 1/4 of an acre or more, or consisting of more than 10 individual trees larger than six inches dbh, shall be considered a woodland. For the purposes of this chapter, the extent of any woodland plant community or any part thereof shall be measured from the outer-most drip line of all the trees in the community. Woodland shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of woodland prior to timbering or disturbance. Woodlands do not include orchards or old fields (former agricultural fields or pastures where natural succession has been allowed to occur, but where most trees are smaller than six inches dbh).
WOODLAND DISTURBANCE1. Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, sub canopy trees, understory shrubs and vines, woody and herbaceous woodland floor species.
2. Any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow.
3. Woodland disturbance does not include the selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including but not limited to: Rosa multiflora (Multiflora Rose), Eleagnus unibellate (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple) and Polygonum perfoliatum (Mile-a-Minute Weed).
YARD or SETBACKAn open area around the inner periphery of each lot extending along the lot lines and street lines in which no buildings or structures shall be erected. The size of the yard shall be measured as the shortest distance between the structure and a lot line or street line.
1. A. A yard between a structure and a street line, extending the entire length of the street line. The minimum front yard setback shall be measured from the street line to the building setback line and shall be the same for all principal and accessory structures.
B. In the case of a corner lot, the yards extending along all streets shall be considered front yards and the remaining yards shall include a rear yard, opposite the street to which the principal structure is generally faced, and a side yard, opposite the other street.
2. YARD, REARA yard between a structure and a rear lot line. The rear yard may be less for an accessory structure per provisions of this chapter.
3. YARD SIDEA yard between a structure and a side lot line, which extends from the front yard to the rear yard. The side yard may be less for an accessory structure per provisions of this chapter.