A. 
The captions used in this chapter are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this chapter.
B. 
Unless otherwise expressly stated, or where the context clearly indicates otherwise, the words and phrases defined in this article, whether with initial capitalization, full capitalization or otherwise shall be construed throughout this chapter to have meanings indicated in this article.
C. 
The present tense of any word or phrase used in this chapter includes the future; the singular number includes the plural and the plural the singular; and the masculine gender includes the feminine and neuter.
D. 
Whenever appearing in this chapter, the word "used" includes the words "designed, arranged or intended to be used"; the word "occupied" includes the words "designed or intended to be occupied"; the words "shall" and "will" are always mandatory; the words "may" and "should" are always permissible; the words "person," "applicant," "subdivider," "developer" and "owner" include a corporation, unincorporated association, partnership or other legal entity, as well as an individual; the word "building" includes a structure and shall be construed as if followed by the phrase "or part thereof"; and the words and phrases "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such words or phrases appear without limiting or derogating from the general application of the sentence, clause or phrase in which such words or phrases appear.
E. 
Unless specifically provided otherwise herein, any reference in this chapter to any other ordinance of the Township, to any federal or state law or statute, to any regulation, study, map, survey or other matter issued or prepared by the Township Supervisors, or any officer or official thereof, and/or by any federal or state public body, or a public officer or official thereof, shall include such other ordinance, law, statute, regulation, study, map, survey or other matter, with all amendments and supplements thereto, and any new ordinance, law, statute, regulation, study, map, survey or other matter substituted for the same, as in force at the time of application hereunder, or as otherwise in force at an other time in accordance with applicable law.
F. 
Unless specifically provided otherwise herein, any reference in this chapter to any governmental agency, department, board, commission or other public body, or to any public officer or other public official, shall include an entity or official which or who succeeds to substantially the same functions as those performed by such public body or official at the time of the application hereunder, or at any other time in accordance with applicable law.
100-YEAR FLOODPLAIN
A flood that, on average, is likely to occur once every 100 years; i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.
AASHTO
The American Association of State Highway and Transportation Officials.
ACCELERATED EROSION
The removal of the surface of the land through the combined actions of man and natural processes at a rate that is greater than would occur from the natural process upon undisturbed land.
ACT 247
The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as reenacted and amended by the Act of December 21, 1988, P.L. 1329, No. 170, 53 P.S. § 10101 et seq., and any subsequent amendments thereto.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL SECURITY
An area of the Township designated as such by the procedures set forth in the Agricultural Area Security Law, Act of June 30, 1981, P.L. 128, No. 43, as amended. 3 P.S., § 901, et seq.
ALLEY
A strip of land over which there is a right-of-way, serving as a secondary means of access to two or more properties.
ALLUVIAL SOILS
Soils generally found in floodplains and formed by the deposit of sediments or alluvium washed from uplands. Alluvial soils in Sadsbury Township are identified as Chewacla and Worsham Series soils.
APPLICANT
A landowner or developer, as herein defined, who has filed an application for development, including his heirs, personal representatives, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
BERM
A raised earthen structure generally level and formed of compacted soils used for the control of stormwater, either by impoundment or diversion or used for screening and/or buffering.
BLOCK
An area of land bounded by streets, roads or other types of rights-of-way.
BUFFER (BUFFER AREA, BUFFER YARD)
A designated area of land, which may contain a landscaped screen, as defined herein, between two uses intended to protect one use from another use that is incompatible, or to provide privacy between two uses, or intended to protect the view(s) of or from a use. Buffer areas shall not include stormwater management facilities or parking facilities.
BUILDER
A person, not necessarily the owner, subdivider, developer of land or agent, who by contract or otherwise is responsible for the construction of buildings or other structures or for making any construction improvements on any parcel of land.
BUILDING
Any structure or part thereof for which a permit is required under or by this chapter, Chapter 129, Zoning, and/or the Building Code; any structure, permanently located on the ground, having enclosing walls and a roof; a mobile home and a trailer used or to be used for human occupancy.
BUILDING CODE
The Building Code of Sadsbury Township as codified in the Code of Ordinances of the Township.[1]
BUILDING SETBACK LINE (BUILDING LINE)
A. 
Except in the case of an interior lot, the building setback line shall be a line, within and extending the full width of a lot, parallel to the street line and setback a distance therefrom equal to the depth of the minimum required front yard. In the case of an interior lot (where preexisting or approved by relief), the building setback line shall be a line, within and extending the full width of the lot, which is a) parallel to the intervening lot line nearest the street line, and b) set back from such intervening lot line a distance equal to the depth of the minimum required front yard, or in the case of an existing interior lot of record, a distance equal to 75 feet in accordance with Chapter 129, Zoning.
B. 
For the purpose of measuring lot width at and along the building setback line, the following shall apply:
(1) 
Except as otherwise provided in Subsection B(2), below, the building setback line, for the purpose of measuring lot width, shall be the minimum building setback line as defined in Subsection A, above.
(2) 
In the case of a lot having its entire street frontage within the turnaround, measured from reverse curve to reverse curve, of a cul-de-sac street, the building setback line, for the purpose of measuring lot width, shall be a curved line that is a) parallel to and concentric with the street line, and b) set back from the street line a distance equal to at least the depth of the minimum required front yard but in no case more than twice the depth of the minimum required front yard.
CALIPER
The diameter of a tree trunk taken six inches above the ground level for field grown stock and from the soil line for container grown stock, at or near the top of the root flare, and six inches above the root flare for bare root plants, up to and including the four-inch caliper size interval. If the caliper measured at six inches is 4 1/2 inches or more, the caliper shall be measured at 12 inches above the ground level, soil line, or root flare, as appropriate. This measurement applies to newly installed trees.
[Amended 10-1-2019 by Ord. No. 4-2019]
CARTWAY
The paved portion of a street or alley paved or otherwise intended for vehicular traffic. Where vertical curbs are provided, the area between the sides of the curbs facing the cartway shall be included in the cartway.
COMMON OPEN SPACE or OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMPREHENSIVE PLAN
The document adopted in accordance with the provisions of Act 247 as the Comprehensive Plan for the Township of Sadsbury by the Township Supervisors.
CONDOMINIUM
Real estate, portions of which are designed for separate ownership, the remainder of which is designed for common ownership solely by the owners of those portions, created under the Pennsylvania Uniform Condominium Act of 1980.[2]
CONSERVATION PLAN
See § 109-305 of this chapter.
CONSTRUCTION
Any disturbance of the existing surface of the land or the erection of structures thereon, including the cutting of trees or clearing of brush; provided, however, that the entering upon premises, for purposes of surveying, staking or the clearing of lines necessary to obtain data on existing conditions shall not be deemed construction.
CRITICAL ROOT ZONE
In a land development or other site disturbance, an area of no permitted disturbance that extends at minimum one foot per inch DBH from the trunk of any tree to be preserved. Sensitive species and exceptionally large trees will have larger critical root zones that should be determined by a certified arborist.
[Added 10-1-2019 by Ord. No. 4-2019]
CROSSWALK
A right-of-way exclusively for pedestrian or nonmotorized vehicle travel across a street.
CUL-DE-SAC
The end of a local street terminating at a permanent vehicular turnaround.
CUSTOMER ENTRANCE
An entrance to a commercial establishment or an office building through which members of the general public are allowed access on a regular basis and in the regular course of business during regular business hours and which is on the front line of the building or the side line of the building.
[Added 10-14-2016 by Ord. No. 2016-05]
DATE OF SUBMISSION
The date on which a completed application for subdivision and land development together with all required information, fees, etc., is received by the Township of Sadsbury.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of the trunk of a tree measured in inches at a height of 4 1/2 feet above the mean level of ground surface. If the tree divides or splits into multiple trunks, the largest trunk is measured at 4 1/2 feet above mean ground surface level. This measurement applies to existing trees on site.
[Added 10-1-2019 by Ord. No. 4-2019; amended 8-2-2022 by Ord. No. 2022-02]
DESIGN GUIDELINES AND STANDARDS
A printed document comprised of narrative and images describing and depicting site design and amenities for a Town Center commercial development and required pursuant to § 109-429 of this chapter.
[Added 10-14-2016 by Ord. No. 2016-05]
DESIGN STANDARDS
Minimum standards by which a subdivision or land development is developed.
DESIGNATED FLOODPLAIN DISTRICT
The floodplain areas described in Chapter 74, Floodplain Management, of the Code of the Township of Sadsbury, including the Floodway Area, the AE Area, the A Area, the AO Area, and the AH area.
[Amended 7-5-2017 by Ord. No. 2017-02]
DETENTION BASIN
A 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 and cause the deposition of sediment, and as a means of preventing erosion. The Township Code's Chapter 104, Stormwater Management, specifically states that a detention basin is to be dry except when in use after it rains.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
A. 
For the purposes of this chapter applicable to floodplains, "development" shall mean any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations or storage of equipment or materials and the subdivision of land.
B. 
For other purposes of this chapter, "development" shall have the meaning set forth in Subsection A, above, and shall also mean a land development as defined herein.
DEVELOPMENT AGREEMENT
See § 109-308 of this chapter.
DIVERSIONS
A channel or ditch and embankment constructed across a sloping land surface, either on the contour or at predetermined gradient, to intercept and divert stormwater before it gains sufficient volume or velocity to scour or cause harmful erosion.
DRAINAGE
The 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 AREA
The upstream watershed area of a drainage basin measured from a point of discharge in the watercourse.
DRAINAGE FACILITY
Any 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.
DRIVEWAY, PRIVATE
That portion of a lot that is intended for vehicular use and which is privately owned, whether paved or unpaved.
DWELLING
A building designed, modified and/or constructed for residential purposes.
EARTH-MOVING ACTIVITY
Human activity, other than agricultural activities, that results in the movement of soil or stripping of vegetative cover from the earth.
EASEMENT
A permanent right granted for limited use of private land, normally for a public purpose (e.g., utility, drainage, public access).
EASEMENT, CONSERVATION
A 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 in perpetuity.
ENGINEER, TOWNSHIP
A professional engineer, licensed as such by the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township.
EROSION
The process by which soils, vegetation and man-made materials on the earth's surface are worn away by action of water, wind, frost, or a combination of such action by natural forces, but often intensified by human activity.
FILL
Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.
FOOTCANDLE
A unit of light quantity or density when the foot is the unit of measure. One footcandle equals one lumen per square foot of area.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
GLARE
Brightness in the field of view that is sufficiently greater than the amount of light to which the eye is adapted, to cause annoyance, discomfort or loss of visual performance and visibility.
GLARE, DISABLING
Brightness in the field of view that impairs visibility and creates a potential hazard to the health, safety and welfare of residents and others in the Township.
GLARE, NUISANCE
Brightness in the field of view that creates an annoyance or aggravation but does not create a potentially hazardous situation.
GRADE, EXISTING
The elevation, relative to a given datum, of the ground surface prior to any excavation or fill.
GRADE, FINISHED
The elevation, relative to a given datum, of the ground surface after completion of any excavation or fill.
GRADE, PROPOSED
The elevation, relative to a given datum, of the ground surface to be achieved by excavation or fill.
GRADING
The changing of the surface of the ground by excavation or filling, or combination of the two; the act of moving earth.
GRADING PLAN
A plan to scale showing existing and proposed buildings and other structures, as well as existing and proposed contours at sufficient intervals to define scale, location, depth and gradient and general slope of the ground.
GREENWAY LANDS
That portion of a tract set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway lands may be accessible to the residents of a development and/or municipality, or it may contain areas of conservancy lots that are not accessible to the public.
GUARANTEE, MAINTENANCE
Financial security, that is approved by the Township Supervisors and which is required by the Supervisors under and pursuant to § 109-308 of this chapter to guarantee the structural integrity and functioning of improvements, dedication of which to the Township, is accepted by the Township Supervisors.
GUARANTEE, PERFORMANCE
Financial security that is approved by the Township Supervisors and which is required by the Supervisors under and pursuant to § 109-309 of this chapter as a condition to final approval of a subdivision or land development plan, to guarantee that the improvements shown on the plan are installed and completed in accordance with the plan and applicable provisions of this chapter. Performance guarantees shall include financial security to guarantee the payment of fees and expenses of Township professionals in the administration, review and inspection of the improvements.
GUTTER
That portion within a street right-of-way, whether paved or unpaved, designed for surface drainage.
HERITAGE TREE
A healthy native tree of 48 inches DBH or greater, or one that due to aesthetics, cultural or historical significance, and/or ecological importance is determined by the Township to be worthy of extraordinary protection efforts.
[Added 10-1-2019 by Ord. No. 4-2019]
HISTORIC RESOURCES
All buildings, sites, structures, objects and districts that are shown on the Sadsbury Township Historic Resources Map.
HYDRIC SOILS
A soil that formed under saturated conditions. See Appendix B for list of hydric soils.[3]
IMPERVIOUS SURFACE
Areas that do not absorb water, including but not limited to, buildings, structures, and paved areas.
IMPROVEMENTS
Physical additions, installations and/or changes to buildings, structures or land such as, but not limited to, grading, paving, roads, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, sewage disposal systems, street trees, landscaped screens and other plantings 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, PUBLIC
Improvements including but not limited to grading, paving, roads, curbing, fire hydrants, water mains, sanitary sewers, and other surface drainage facilities, retaining walls, street signs, monuments or the like, which may be dedicated to the Township.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot.
B. 
The improvement of two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot, or lots, regardless of the number of occupants, whether owners or renters; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
C. 
A subdivision of land.
D. 
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[4]
E. 
Excluded from the definition of land development are accessory uses and residential construction under 1,000 square feet.
LANDOWNER
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person, having a proprietary interest in land.
LANDSCAPE SCREEN
The use of plant material, walls, fencing or earthen berms, or combinations thereof, to i) aid in the concealment of such features as parking and loading areas; ii) to provide privacy and/or protection between two incompatible land uses; or iii) to provide a visual or sound barrier.
LOT
A designated parcel, tract or area of land established by a plan or otherwise as permitted by law and to be used, developed or built upon as a unit in accordance with this chapter, Chapter 129, Zoning, and/or other applicable law.
LOT AREA
The area of land contained within the property lines of a lot as described in the deed or as shown on an approved subdivision plan. For the purpose of calculating the minimum lot area necessary to comply with the area and bulk requirements, the following areas shall be excluded from such calculation:
A. 
Any area i) within a street ultimate right-of-way; or ii) within any other ultimate right-of-way, whether public or private, that provides, or is intended to provide, access to more than one lot by way of vehicular and/or pedestrian circulation.
B. 
Any area, easement or right-of-way to be used for emergency access.
C. 
Any existing easements such as but not limited to rights-of-way for gas, oil, natural gas, electric or communications transmission facilities, whether below or above grade, that do not exclusively serve the lot.
D. 
Any area comprising a stormwater management basin or infiltration (existing or proposed) or drainage easement.
E. 
For any lot for which the minimum required lot area is one acre or less: all areas overlain by the Floodplain Conservation District, all areas of prohibitive slope, all areas of seasonally high water table, alluvial and hydric soils and all areas delineated as wetlands.
F. 
For any lot for which the minimum required lot area is in excess of one acre; that portion or those portions of the lot in which the following features individually or cumulatively represent greater than 20% of the gross area of the lot: all areas overlain by the Floodplain Conservation District, all areas of the prohibitive slope, all areas of seasonally high water table soils and all areas delineated as wetlands.
LOT COVERAGE
The ratio or percentage of the total ground floor area of all buildings on a lot to the lot area on which they are located.
LOT DEPTH
The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINE
A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street or any other line within the street lines even though such may be the property boundary.
LOT WIDTH
The horizontal distance between the side lot lines of a lot (or in the case of a corner lot, between the side lot line and the opposite front lot line of the lot) measured at and along the building setback line. The measurement of lot width at and along the building setback line shall be as provided in and by the definition herein of "building setback line."
LOT, CORNER
A lot at the junction of, and abutting on two or more streets, or at the point of abrupt change in direction of a single street. Both yards adjacent to streets shall be considered front yards. One remaining yard shall be a side yard and one shall be a rear yard.
LOT, DOUBLE FRONTAGE
A lot extending between and having frontage on two streets.
LOT, INTERIOR
A preexisting lot or lot approved to provide relief, having limited frontage on a public or private road, where such frontage is intended primarily to provide access to the lot. The strip of land used for access shall be a fee simple part of the lot. An interior lot shall include, without limitation, a flag lot.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an existing or proposed arterial, collector or local street and a local street, and with vehicular access solely from the latter.
LUMINAIRE
A complete lighting unit consisting of a lamp(s) together with the parts required to distribute the light, position and protect the lamp and to connect the lamp to a power supply. Used synonymously with the term "fixture."
MAIN STREET COMPONENT
A discrete portion of a Town Center commercial development characterized by a pedestrian scale of buildings, one or more center square(s) or plaza(s), site amenities in accordance with design guidelines and standards pursuant to § 109-429 of this chapter, and in which not less than two of the use types permitted within a Town Center commercial development shall be located. A Main Street component shall be comprised of buildings measuring not less than 40,000 square feet of gross floor area, in the aggregate and shall be constructed at a Town Center commercial development parcel not later than the time set forth in the decision and order of the Board of Supervisors pursuant to which the Board of Supervisors shall grant conditional use approval for a Town Center commercial development.
[Added 10-14-2016 by Ord. No. 2016-05]
MARKER
An iron pipe or pin of at least 1/2 inch diameter and at least 24 inches in length, embedded into the ground.
MEDICAL CLINIC
A facility for the provision of urgent care services and/or examination and treatment of primarily outpatient, ill or afflicted humans, and those obtaining elective medical procedures and which may include offices for licensed professionals working at the facility.
[Added 10-14-2016 by Ord. No. 2016-05]
MOBILE/MANUFACTURED HOME
A transportable, single-family dwelling, intended for permanent occupancy contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE/MANUFACTURED HOME LOT
A parcel of land in a mobile home/manufactured park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile/manufactured home.
MOBILE/MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes.
MONUMENT
A permanent concrete monument with a flat top at least four inches in diameter or square, and at least 36 inches in length, embedded into the ground and to the top of which is permanently affixed a reference mark (indented cross or drill hole). 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.
NEW CONSTRUCTION
Structures, including any subsequent improvements to such structures for which the start of construction commenced on or after November 2, 1981, the date of adoption of the floodplain management regulations of the Township.
OFFICIAL SEWAGE FACILITIES PLAN
The Act 537 Plan, including all revisions thereto, for the provision of adequate sewage systems adopted by the Township and submitted to and approved by the Pennsylvania Department of Environmental Protection as provided in and by the Pennsylvania Sewage Facilities Act[5] and the regulations of the Pennsylvania Department of Environmental Protection promulgated thereunder.
PEDESTRIANWAY
A paved or nonpaved surface designed to provide for the movement and circulation of pedestrians and/or bicyclists, including sidewalks, walkways, paths and trails.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
The Act of July 31, 1968, P.L. 805, No. 247, as reenacted and amended by the Act of December 21, 1988, P.L. 1329, No. 170, 53 P.S. § 10101 et seq., and any subsequent amendments thereto.
PENNSYLVANIA SEWAGE FACILITIES ACT
The Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. Section 750.1 et seq.
PERSON
Any individual, firm, trust, condominium, partnership, joint venture, unincorporated association, business association or corporation, whether public or private, or other legal entity cognizable at law.
PLAN, AS-BUILT
See § 109-604 of this chapter.
PLAN, CONSTRUCTION IMPROVEMENT
See § 109-308 of this chapter.
PLAN, FINAL
See § 109-304 of this chapter.
PLAN, LAND DEVELOPMENT
A plan 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, PRELIMINARY
See § 109-303 of this chapter.
PLAN, PROFILE
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 of any proposed street and any street appurtenances to be constructed or installed, which must include a typical cross section of the street construction and the grades of all street right-of-way lines and curblines; part of the required submission of the improvement construction plan in accordance with § 109-308 of this chapter.
PLAN, RECORD
The copy of the final plan which contains the original endorsements of the Chester County Planning Commission and the Township, and which is intended to be recorded with the Chester County Recorder of Deeds.
PLAN, SKETCH
See § 109-302 of this chapter.
PLANNER, TOWNSHIP
A person or persons duly designated by the Supervisors to perform one or more of the duties of Planner as herein specified.
PLANNING COMMISSION
The Sadsbury Township Planning Commission, Chester County, Pennsylvania.
PLANTING STRIP
A strip of land lying between a) the curbline or edge of the paving of a street, and b) the sidewalk or edge of parking lot paving.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Supervisors or the Planning Commission intended to inform and obtain public comment, prior to taking action, in accordance with this chapter and Act 247.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7, known as the "Sunshine Act."
PUBLIC NOTICE
Notice of a hearing published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notices shall state the time and place of any hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing.
RECREATION, ACTIVE
Those recreational pursuits that require physical alteration to the area (whether paved or unpaved) in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts and swimming pools.
RECREATION, PASSIVE
Recreational pursuits that can be carried out with little alteration or disruption in the area in which they are performed. Such uses include, but are not limited to, hiking, biking and picnicking.
RECREATIONAL VEHICLE
A vehicle that is a) built on a single chassis, b) 400 square feet or less when measured at the largest horizontal projection, c) designed to be self-propelled or towable by a light-duty truck or car, and d) designed primarily as temporary living quarters for recreational, camping, travel or seasonal use and not for continued occupancy or use as a permanent dwelling. For the purposes of this chapter, the term "recreational vehicle" shall also include a boat or other watercraft.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
RESERVE STRIP
A parcel of ground in separate (sometimes public) ownership separating a street from other adjacent properties or from another street.
RESUBDIVISION
Any replatting or resubdivision of land, limited to changes in lot lines on approved final plan or recorded plan as specified in this chapter. Other changes shall be considered as constituting a new subdivision of land. See also "subdivision."
RETENTION BASIN
A reservoir, formed from soil or other material, designed to permanently retain stormwater runoff from a specified amount of stormwater runoff as defined by this chapter, to detain temporarily additional stormwater runoff and/or to retain perennial or intermittent surface water flow from permanent or intermittent streams. Retention basins always contain water and include man-made ponds and lakes. Retention basins also include underground infiltration and seepage beds.
REVIEW
See §§ 109-301, 109-302, 109-303, 109-304, 109-307 and 109-500 of this chapter.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley, sidewalk, or crosswalk, or for any other purpose.
RIPARIAN BUFFER
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. For the purposes of this chapter, the riparian buffer shall be divided into two zones:
[Added 8-2-2022 by Ord. No. 2022-02]
A. 
ZONE ONE: INNER RIPARIAN BUFFERThis zone begins at each edge of an identified watercourse and occupies a margin of land with a minimum width of 50 feet measured horizontally on a line perpendicular to the edge of the water at bankful flow. Where very steep slopes (+25%) are located within 25 feet of a watercourse, Zone One shall extend the entire distance of this sloped area.
B. 
ZONE TWO: OUTER RIPARIAN BUFFERThis zone begins at the outer edge of Zone One and occupies a width of 50 feet in addition to Zone One. In cases where Zone One extends beyond 50 feet due to the presence of very steep slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a 100 feet maximum.
109 Riparian Buffers.tiff
ROAD
See "street."
SCREEN (SCREENING)
See "landscaped screen."
SEASONALLY HIGH WATER TABLE SOILS
Those soils in which the groundwater surface is one foot or less from the ground surface at certain or all times of the year. By name, these soils are Chewacla (Ch), Glenville (GnA, GnB, GnB2), Lawrence (LaA, LaB), Lindside (Ls) Melvin (Mn), Wehadkee (We), and Worsham (WoA, WoB, WoB2).
SEDIMENT
The silt or small soil particles held or carried in suspension by water.
SENSITIVE ENVIRONMENTAL FEATURES
Natural features that 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" includes, but are is limited to the following a) slopes in excess of 15%, b) soils classified as highly erodible, subject to erosion or as having a high water table, c) wetlands, d) hydric soil areas, e) mature stands of native vegetation and woodlands as defined in the Chapter 129, Zoning, f) aquifer recharge and discharge areas, g) floodplains, and h) lands incapable of meeting percolation requirements for on-site sewage disposal systems.
SEWAGE FACILITIES
A. 
INDIVIDUAL, ON-SITE SANITARY SEWAGE DISPOSAL SYSTEMThe disposal of sewage by use of septic tanks, or other safe and healthful means, approved by the Chester County Health Department, within the confines of the lot on which the use is located.
B. 
COMMUNITY SANITARY SEWAGE COLLECTION, TREATMENT, AND/OR DISPOSAL SYSTEMA sanitary sewage system in which sewage is carried from two or more individual dischargers by a system of pipes to one or more privately owned and/or maintained common treatment and disposal facilities, approved by the Chester County Health Department and the Pennsylvania Department of Environmental Protection. Treatment and disposal may occur either on-site or off-site.
C. 
PUBLIC SEWAGE SYSTEMOff-site system for the treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SEWER CONNECTION
The 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 PIPE
The sewer riser pipe is that portion of the sewer lateral that extends vertically to the ground elevation and terminates at each building in a mobile/manufactured home park, such pipe to be vented and trapped.
SHADE TREES
A tree intended to provide shade along streets and pedestrianways, and in parking lots and other places and installed only as provided in this chapter.
SIGHT DISTANCE
For the purposes of this chapter, the definition shall be as in the Pennsylvania Code Title 67, Transportation, Chapter 441.1, as most recently amended.
SITE
A lot, tract or parcel of land on which grading, construction or land development is taking place, or is proposed to take place; the location of the work.
SITE ANALYSIS
An analysis of the natural features on a site intended to promote a site design that is sensitive to the unique natural features of the landscape. The site analysis shall accompany the sketch plan, preliminary plan and final plan.
SOIL PERCOLATION TEST
A 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 PLANT
A unique, rare or otherwise specifically selected plant or tree which most typically represents a class or group in terms of shape, form, historical importance or other characteristics which may be designated as such by the Township.
STEEP SLOPE
Those areas of the Township that are characterized by a change in elevation of 15% to 25% are designated precautionary slopes, and greater than 25% are designated prohibitive slopes, over a distance or contour defined by Chapter 129, Zoning, of the Code of the Township of Sadsbury.
STORMWATER
Any precipitation, but usually rainfall, which is sufficient to flow on any natural or impervious surface; frequently termed "runoff."
STREET
A strip of land, including the entire ultimate right-of-way thereof, publicly owned, dedicated and accepted for public use, or privately owned, abutting and furnishing access to more than one lot, primarily serving, or intended to serve, as a means of vehicular and pedestrian travel, and which may also be used to provide space for sewer, other utilities and sidewalks. The word "street" includes thoroughfares, avenues, boulevards, courts, drives, expressways, roadways, highways, lanes, alleys, service streets, marginal access streets, roads or similar terms. The following categories of streets are defined as follows:
A. 
(1) 
A major street or highway with high vehicular speeds or high traffic volumes of considerable continuity and used primarily as a traffic artery between rural and urban areas.
(2) 
Arterial streets may be either principle arterials or minor arterials. Principle arterials serve major centers of activity and carry the highest proportions of area travel and most of the trips entering and leaving the Township, thus serving intra-area travel. Minor arterials interconnect with and augment the principle arterial system distributing travel to smaller centers of activity and allowing for more access to adjoining properties than principle arterials.
B. 
(1) 
A major street which carries traffic from local streets to arterial streets.
(2) 
Collector streets may be either major collectors or minor collectors. Major collectors may provide access to centers of activity, connect with principle arterials and allow for more access to adjoining properties than minor collectors. Minor collectors serve more to collect traffic from local streets and provide access to the smallest of activity centers.
C. 
Local — Every public or private street used for access to abutting properties. Local streets may be primary distributor roadways, secondary distributor roadways or local access streets. A primary distributor roadway is the highest order local street which moves traffic from lower order local streets to collector and arterial streets. A secondary distributor roadway is the middle order local street which carries traffic from local access streets to primary distributor roadways. A local access street is the lowest order local street which serves no through function and provides the greatest degree of access.
STREET LINE
The dividing line between a lot and the outside boundary or right-of- way line of a public street, road, or highway legally open or officially platted, or between a lot and a privately owned street, road, or way over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right-of-way.
STREET TREE
Deciduous hardwood trees, having a caliper of not less than 2 1/2 inches, planted adjacent to and outside of a street right-of-way, such trees to be approved as to type by the Township Supervisors.
STREET, CENTER LINE OF
The line that is equidistant from both sides of the street.
STREET, COMMERCIAL
A street used primarily as the means of access to abutting commercial or industrial properties.
STREET, DEAD END
See "cul-de-sac."
STREET, EYEBROW
A street section that is offset from a principal or primary street by a landscaped island and provides access to abutting properties.
STREET, IMPROVED
A street wherein paving and other required improvements exist in accordance with the Township standards specified in this chapter and any other Township ordinance or regulation.
STREET, MARGINAL ACCESS
A street, parallel and adjacent to an arterial or collector street but separated from it by a reserve strip, that provides access to abutting properties and connection with the arterial or collector street at controlled intervals. A marginal access street serving residential uses shall be considered a residential street and when serving commercial or industrial uses shall be considered a commercial or an industrial street.
STREET, PARTIAL
Any street that does meet the street standards of this chapter.
STREET, PRIVATE
Any street not offered or not required to be offered for dedication.
STREET, SERVICE
A street adjoining the rear lot line of a lot and providing vehicular access to the lot, commonly referred to as an "alley."
STREET, SINGLE-ACCESS
Any street that has access to an existing public road and circulation system at only one point. A single-access street includes a street terminating with a cul-de-sac and a loop road, including a loop road with a boulevard entrance. Cul-de-sac streets shall only be permitted when emergency access to an arterial, collector or local street is provided.
STREET, STUB
Any street laid out in a subdivision or land development, intended for connection to a future street on adjoining property.
STREET, UNIMPROVED
A street wherein paving and other required improvements do not exist in accordance with the Township standards specified in this chapter and any other Township ordinance or regulation.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to the land.
SUBDIVISION
The 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 of building or lot development. The subdivisions 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 from this definition.
SUBDIVISION, MAJOR
See § 109-300.
SUBDIVISION, MINOR
See § 109-300.
SUBGRADE
Any finished surface or elevation of compacted fill or natural earth upon which materials of construction are placed.
SUBSOIL
Clay, sand, gravel or other natural earth material below the surface soil and low in organic matter.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
A. 
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement.
B. 
"Substantial improvement" includes any repair, restoration or other improvement to structures that have incurred substantial damage regardless of the actual repair, restoration or other improvement work performed.
C. 
"Substantial improvement," however, does not include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and which project is the minimum necessary to assure safe living conditions.
(2) 
Any alteration of a historic structure, provided that the alteration does not preclude the continued designation of the structure as an historic structure.
SUBSURFACE CONDITIONS
Conditions below the ground surface that 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 quality and quantity.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
TND
Traditional neighborhood development. See Appendix C.[6]
TOPSOIL
Natural 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.
TOWN CENTER COMMERCIAL DEVELOPMENT
A unified development comprised of i) one or more main street component(s), ii) one or more in-line retail component(s) characterized by individual buildings, at least one of which such component(s) shall measure not less than 50,000 square feet of floor area in the aggregate, and iii) other buildings and structures. A Town Center commercial development shall contain three or more of the following uses, and no others: retail services including, without limitation, outdoor sales areas when related to retail sales conducted primarily within a building within the Town Center commercial development, retail trade store, including, without limitation, outdoor sales areas when related to retail sales conducted primarily within a building within the town center commercial development, outdoor retail sales when conducted from moveable carts or temporary outdoor displays in a center square or plaza portion of a Town Center commercial development, office buildings (administrative, business and/or professional), medical clinic, motion-picture theatre, personal service establishment, restaurant (with inside and/or outdoor dining service), fast-food restaurant, fast-food restaurant with drive-through service, bank or financial institution, convenience store, hotel and motel, commercial day care, and educational use containing no more than 5,000 square feet of floor area, and which conforms to the design standards set forth at § 109-429 of this chapter.
[Added 10-14-2016 by Ord. No. 2016-05]
TOWN CENTER COMMERCIAL DEVELOPMENT PARCEL
The total tract area on which there is located a Town Center commercial development, provided that a Town Center commercial development parcel may be divided by accessways and drive-aisles providing access to and from individual uses within a Town Center commercial development, and provided further that a Town Center commercial development parcel may be comprised of two or more lots, or divided into two or more lots for ownership and/or financing purposes pursuant to Article III of this chapter, provided that the deed(s) conveying such separate lots shall contain express reference to the unified Town Center commercial development declaration with regard to the Town Center commercial development.
[Added 10-14-2016 by Ord. No. 2016-05]
TOWNSHIP
The Township of Sadsbury, or Sadsbury Township, Chester County, Pennsylvania.
TOWNSHIP SUPERVISORS
The elected Supervisors of the Township of Sadsbury, Chester County, Pennsylvania.
TRACT
One or more lots assembled and presented as a single property for purposes of subdivision or land development.
TURNAROUND
A paved circle or square terminating a cul-de-sac.
UNIFIED TOWN CENTER COMMERCIAL DEVELOPMENT DECLARATION
A declaration reviewed and approved by the Township Solicitor and recorded in the Office of the Recorder of Deeds in and for Chester County, Pennsylvania, in the chain of title with regard to all lots which constitute a Town Center commercial development parcel and pursuant to which the requirements for maintenance of site design and amenities within the Town Center commercial development for so long as the Town Center commercial development parcel shall be used as a Town Center commercial development.
[Added 10-14-2016 by Ord. No. 2016-05]
URGENT CARE SERVICES
Medical office space for primary care and specialized physicians and the delivery by primary care physicians and/or emergency medicine physicians of ambulatory medical care (i.e., basic laboratory services, general x-ray services and care for minor to moderate lacerations) outside of a hospital emergency department on a walk-in basis.
[Added 10-14-2016 by Ord. No. 2016-05]
USE
Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity or occupation carried on, or intended to be carried on, in a building or other structure or a tract of land.
UTILITIES
Sanitary sewer lines, water lines, fire hydrants, streetlights, storm sewer lines, manholes, inlets, catch basins, gas lines, electric lines, telephone lines, cable television lines and other facilities of the same general character.
VEGETATION, PERMANENT
Perennial grasses, legumes or other long-lived plant materials, such as crown vetch, fescues, etc., and bluegrasses, depending upon the degree of refinement desired.
VEGETATION, TEMPORARY
Fast growing grasses, usually annuals, such as rye, oats, Sudan, or other appropriate cover to prevent erosion until permanent vegetation can be installed.
VIEWSHED
A view of the surrounding landscape available to be seen from any particular point or location in the Township.
WATER COURSE
A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water, carrying or holding surface water, whether natural or man-made.
WATER SUPPLY
A. 
INDIVIDUAL SYSTEMA safe, healthful, and adequate supply of water to a single user from a private well or spring located on the land of the user.
B. 
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. A central system can be further described as either of the following:
(1) 
Public water supply system. A system that is owned by a municipality, a public company, or a private company and which serves more than a single community or subdivision and may be interconnected with other water supply systems.
(2) 
Community water supply system. A system that is owned by a municipality, a public company, or a private company which serves a single community or subdivision, is not interconnected with any other water supply system and meets the standards found in 35 P.S. § 721.3 for at least 26 homes.
WATER TABLE
The upper surface of a zone of saturation except where that surface is formed by an impermeable body.
WETLANDS
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
WETLANDS MARGIN
A 100-foot border surrounding a wetland, measured from the boundary of the wetland as delineated according to the procedures contained in Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
WOODLAND
An ecosystem characterized by a more or less dense and extensive tree cover. More particularly, a plant community consisting predominantly of healthy trees and other woody vegetation, well stocked and growing more or less closely together and as defined more fully in Chapter 129, Zoning, of the Code of the Township of Sadsbury.
YARD
An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky, except for permitted signs and fences.
YARD, FRONT
A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot. See "lot, corner."
YARD, REAR
A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
YARD, SIDE
A yard extending in depth on the lot along a side lot line from the front yard to the rear yard, and extending in width on the lot from such side lot line to the nearest point of any structure on the lot.
ZONING ORDINANCE
The Sadsbury Township Zoning Ordinance as codified in Chapter 129 of the Sadsbury Township Code of Ordinances.
[1]
Editor's Note: See Ch. 56, Construction Code, Uniform.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: See 53 P.S. § 10503(1.1).
[5]
Editor's Note: See 35 P.S. § 750.1 et seq.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.