A.
Word usage. The present tense includes the future; the singular number includes the plural, and the plural the singular, except that such interchange of meaning shall not apply where the numbers in the text refer to specific, minimum, and maximum quantities. The masculine gender includes the feminine and neuter.
B. ABANDONMENT ACCESSORY USE OR STRUCTURE ACT 247 ADAPTIVE REUSE ADMINISTRATIVE OFFICE ADULT ENTERTAINMENT ADULT ENTERTAINMENT USE(1) (2) (3) AGE-RESTRICTED COMMUNITY AGRICULTURAL OPERATION AGRICULTURAL RELATED BUSINESS AGRICULTURE AGRICULTURE, INTENSIVE AIRPORT ELEVATION ALLEY ALTERATIONS, STRUCTURAL ALTERNATIVE ENERGY AMUSEMENT PARK ANIMAL HOSPITAL ANIMAL SHELTER ANTENNA HEIGHT ANTENNA SUPPORT STRUCTURE ANTENNA, COMMERCIAL COMMUNICATIONS ANTENNA, MICROWAVE DISH ANTENNA, RADIO OR TELEVISION APPLICANT APPLICATION FOR DEVELOPMENT APPROACH SURFACE AQUIFER AREA AND BULK REGULATIONS AREA, GROSS AREA, NET ASSISTED-LIVING FACILITY AUTOMOTIVE REPAIR FACILITIES AUTOMOTIVE SALES AUTOMOTIVE SERVICE/GAS STATION BANK or FINANCIAL INSTITUTION BASE FLOOD BASE FLOOD DISCHARGE BASE FLOOD ELEVATION (BFE) BASEMENT BED-AND-BREAKFAST FACILITY BLOCK BOARD OF SUPERVISORS BOARDINGHOUSE BUFFER (BUFFER AREA, BUFFER YARD) BUILDING BUILDING AREA BUILDING COVERAGE BUILDING ENVELOPE BUILDING HEIGHT BUILDING LINE, FRONT BUILDING LINE, REAR BUILDING LINE, SIDE BUILDING SETBACK LINE (BUILDING LINE)(1) (2) BUILDING, ACCESSORY BUILDING, PRINCIPAL CALIPER CARTWAY CELL SITE CEMETERY CERTIFICATE OF USE AND OCCUPANCY CHURCH CLEAR CUTTING CLUB CLUSTER DEVELOPMENT
COMMERCIAL COMPLETELY DRY SPACE COMPREHENSIVE PLAN CONDOMINIUM CONICAL SURFACE CONSTRUCTION CONTINUING CARE RETIREMENT COMMUNITY CONVENIENCE STORE CONVENTIONAL DEVELOPMENT
CONVERSION CONVERSION, RESIDENTIAL COTTAGE-STYLE SINGLE-FAMILY DETACHED DWELLING CUL-DE-SAC CUMULATIVE SUBSTANTIAL DAMAGE CUSTOMER ENTRANCE DAY CARE, COMMERCIAL(1) (2) DAY CARE, HOME DBH (DIAMETER AT BREAST HEIGHT) DEMOLITION DENSITY, GROSS DENSITY, NET DEPARTMENT OF HEALTH DESIGN GUIDELINES AND STANDARDS DETERMINATION DEVELOPER DEVELOPMENT(1) (2) DEVELOPMENT PLAN DISCONTINUANCE DISTRICT DISTURBANCE DRAINAGE DRIPLINE DRIVE-THROUGH DWELLING DWELLING TYPES(1) (2)
(3)
(4)
(5) (6)
(7) (8) DWELLING UNIT EASEMENT EASEMENT, CONSERVATION EDUCATIONAL USE EFFECTIVE DATE OF This chapter ELECTRIC OR UTILITY SUBSTATION ENCROACHMENT
ENGINEER, TOWNSHIP ENVIRONMENTALLY SENSITIVE AREAS EROSION ESSENTIALLY DRY SPACE EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FAMILY(1) (2) (3) (4) FARM FELLING FENCE or WALL FILL FLOOD FLOOD DISCHARGE, BASE FLOOD ELEVATION, BASE FLOOD ELEVATION, REGULATORY FLOOD FRINGE
FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD, 100-YEAR FLOOD, BASE FLOODPLAIN AREA FLOODPLAIN AREA, IDENTIFIED FLOODPROOFING FLOODWAY FLOOR AREA FLOOR SPACE FOOTCANDLE FORESTRY FREEBOARD FRONTAGE FULL-CUTOFF GARAGE, PRIVATE GARAGE, PUBLIC GARAGE/YARD SALE GLARE GOLF COURSE GRADING GREENHOUSE, COMMERCIAL GREENWAY LANDS GROSS LEASABLE AREA GROUP HOME HAZARD TO AIR NAVIGATION HEDGEROW HEIGHT HELIPORT HIGH-VALUE SPECIES HIGHEST ADJACENT GRADE HIGHWAY ACCESS POINT HISTORIC STRUCTURE(1) (2) (3) (4) HOME OCCUPATION(1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (2) HOMEOWNERS' ASSOCIATION HORIZONTAL SURFACE HORTICULTURE HOSPITAL HOTEL HYDRIC SOIL IDENTIFIED FLOODPLAIN AREA ILLUMINANCE IMPERVIOUS SURFACE INDIVIDUAL SEWAGE SYSTEM INDUSTRIAL PARK INSTITUTION INVASIVE PLANT SPECIES JUNK VEHICLE JUNKYARD or SALVAGE YARD KENNEL LABORATORY LAND DEVELOPMENT(1) (2) (a) (b) (3) (4) LAND DISTURBANCE LANDING LANDOWNER LANDSCAPE SCREEN LANDSCAPING LITTER LOADING SPACE LODGE LOP LOT LOT COVERAGE LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE
LOT OR TRACT AREA, GROSS LOT OR TRACT AREA, NET LOT WIDTH LOT, CORNER
LOT, FLAG LOT, INTERIOR LOT, MOBILE (MANUFACTURED) HOME LOT, REVERSE FRONTAGE LOWEST FLOOR MAIN STREET COMPONENT MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MEDICAL CLINIC MINIMUM BUILDABLE AREA MIXED USE MOBILE (MANUFACTURED) HOME MOBILE (MANUFACTURED) HOME PAD MOBILE (MANUFACTURED) HOME PARK MOBILE/MANUFACTURED) HOME PARK OPERATOR MODULAR HOME MOTEL MUNICIPAL USE NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION NO-IMPACT HOME-BASED BUSINESS(1) (2) (3) (4) (5) (6) (7) (8) (9) NONCONFORMING LOT NONCONFORMING SIGN NONCONFORMING STRUCTURE NONCONFORMING USE NON-PRECISION-INSTRUMENT RUNWAY NURSERY NURSING HOME or CONVALESCENT HOME OBSTRUCTION OFF-SITE SEWER SERVICE OFF-SITE WATER SERVICE OFFICE BUILDING OFFICE PARK OFFICE, ADMINISTRATIVE OFFICE, BUSINESS OFFICE. PROFESSIONAL ON-SITE SEWER SERVICE ON-SITE WATER SERVICE OPACITY OPAQUE OPEN SPACE, COMMON PARENT AGRICULTURAL TRACT PARK, PRIVATE PARK. PUBLIC PARKING LOT PARKING SPACE PARTY WALL PERSON PERSONAL SERVICE ESTABLISHMENT PHOTOGRAMMETRIC PLAN, FINAL PLAN, PRELIMINARY PLAN, RECORD PLAN, SKETCH PLANNING COMMISSION PNDI POST-FIRM STRUCTURE PRE-FIRM STRUCTURE PRECISION-INSTRUMENT RUNWAY PRIMARY SURFACE PRIME AGRICULTURAL SOILS PRIVATE PROFESSIONAL CONSULTING FORESTER(1) (2) (a) (b) (c) (d) PROTECTED NATURAL FEATURES PUBLIC PUBLIC GROUNDS PUBLIC HEARING PUBLIC MEETING PUBLIC NOTICE PUBLIC SERVICE FACILITIES PUBLIC SEWER PUBLIC USE PUBLIC WATER SERVICE RADIO, TELEVISION, OR MICROWAVE TRANSMITTER OR TOWER RECREATION, ACTIVE RECREATION, INDOOR RECREATION, OUTDOOR RECREATION, PASSIVE RECREATIONAL FACILITY RECREATIONAL VEHICLE(1) (2) (3) (4) REFORESTATION REGULATORY FLOOD ELEVATION RELIGIOUS USE RENTAL UNIT RESTAURANT RESTAURANT, FAST-FOOD RESTAURANT, FAST-FOOD WITH DRIVE-THROUGH SERVICE RETAIL SERVICES RETAIL STORE, TRADE RETIREMENT COMMUNITY RIGHT-OF-WAY
RIGHT-OF-WAY, FUTURE RIGHT-OF-WAY, LEGAL RIPARIAN BUFFER(1) (2)
ROOF PARAPET ROOMING HOUSE RUNWAY SANITARY LANDFILL SECONDARY FARM FAMILY BUSINESS SEDIMENTATION SELECTIVE CUTTING(1) (2) (3)
SELF STORAGE FACILITY SETBACK LINE SEWAGE SEWAGE FACILITIES(1) (2) (3) SHOPPING CENTER SIGHT DISTANCE SIGHT TRIANGLE
SIGN SIGN HEIGHT SIGN, ABANDONED SIGN, BUSINESS SINGLE AND SEPARATE OWNERSHIP SITE SITE RESTORATION SKID ROAD (HAUL ROAD) SKID TRAIL SKIDDING SLASH SLOPE, PRECAUTIONARY SLOPE, PROHIBITIVE SOLID WASTE SPECIAL FLOOD HAZARD AREA (SFHA) SPECIAL PERMIT STABLE STAND START OF CONSTRUCTION STORAGE STORAGE, OUTDOOR STORY ABOVE GRADE PLANE STREAM STREET(1) (2) (3) STREET LINE
STREET, CENTER LINE OF STREET, PRIVATE STREET, PUBLIC STREET, SINGLE-ACCESS STRUCTURAL UNIT STRUCTURE STRUCTURE, TEMPORARY SUBDIVISION SUBDIVISION AND LAND DEVELOPMENT ORDINANCE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) (3) (a) (b) SURFACE RUNOFF SWIMMING POOLS(1) (2) TIMBER HARVESTING OPERATION TIMBER HARVESTING PLAN TOPS TOPSOIL TOWN CENTER COMMERCIAL DEVELOPMENT TOWN CENTER DEVELOPMENT PARCEL TOWNSHIP TRACT TRAIL TRANSITIONAL SURFACES TREE DRIPLINE
TREE PROTECTION ZONE (TPZ)
TYPES OF SIGNS(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) UNIFIED TOWN CENTER COMMERCIAL DEVELOPMENT DECLARATION UNIFORM CONSTRUCTION CODE (UCC) UNSAFE STRUCTURE AND EQUIPMENT URGENT CARE SERVICES USE USE, BY-RIGHT USE, CONDITIONAL USE, EDUCATIONAL USE, SPECIAL EXCEPTION UTILITY RUNWAY VARIANCE VETERINARY OFFICE VIOLATION VISUAL RUNWAY WAREHOUSE WATER HAZARD SOILS WATER SUPPLY(1) (2) (a) (b) WATER SURVEY WATER TABLE WATERCOURSE WETLAND DELINEATION WETLANDS WETLANDS MARGIN WOODLAND DISTURBANCE(1) (2) (3) WOODLANDS YARD(1) (2) (3)
ZONING ZONING HEARING BOARD ZONING MAP ZONING OFFICER ZONING ORDINANCE ZONING PERMIT ZONING, BASE ZONING, OVERLAY
Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
A use of property, land, or buildings which is discontinued with no intent to resume the use.
A use or structure on the same lot with, and of a nature customarily subordinate and incidental to the principal use or structure.
The "Pennsylvania Municipalities Planning Code" Act of July 31, 1968, P.L. 805, No. 247, as reenacted and amended by Act of December 21, 1988, P.L. 1329. No. 170, 53 P.S. § 10101 et seq., and any subsequent amendments thereto.
The development of a new activity for a building originally designed or used for another purpose.
An establishment primarily engaged in management and general administrative functions, such as executive, personnel, finance, and sales activities.
Live or nonlive entertainment containing specified sexual activities or displaying or presenting specified anatomical areas.
Adult entertainment uses shall include the following:
A store or shop where the principal use is devoted to the display and selling of any pornographic materials. These materials can be identified as pictures, drawings, photographs, films, digital media, or other depictions or printed matter and paraphernalia.
Adult entertainment, such as cabarets, nightclubs, movie theaters, bars, or similar establishments providing live or media entertainment.
Any other business, establishment, or club which offers its patrons services, entertainment, or retail goods or commercial services characterized by an emphasis on activities or matter depicting, describing, relating to, or displaying sexual or erotic activities.
A residential community comprised of a combination of dwelling types and providing amenities designed for persons aged 55 and older. Such a community must be governed by declarations of covenants, conditions and restrictions that limit the occupancy of dwellings to persons aged 55 and older; however, a spouse younger than 50 years of age, of a person aged 55 or older, shall be permitted occupancy. A person 18 years of age or younger may reside in the community for no longer than 60 days.
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.
An establishment primarily engaged in the following activities: soil preservation services, crop services, landscaping, horticultural services, veterinary or other animal services, farm labor and management services, feed, seed and fertilizers stores, sale and repair of farm machinery and farm vehicles, stables, aquaculture, or apiaries.
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. This definition does not include intensive agriculture (see following definition).
Specialized agricultural activities which, due to the intensity or nature of the activity or mode of operation, emit frequent, reoccurring odors or noises considered obnoxious to a residential environment. These include, but are not limited to, feedlots, pig farms and poultry houses which may necessitate development of special sanitary or other facilities and controls. Mushroom production, including mushroom growing and substrate preparation, is included within intensive agriculture.
With respect to the Airport Overlay Zone, the highest point of the Chester County Airport's usable landing area measured in feet from sea level.
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Any change or rearrangement in the supporting members of an existing building or structure, such as bearing walls, columns, beams or girders, joists or rafters or enclosing walls or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of such building from one location or position to another.
Any source of power other than electricity or a conventional source relying on the availability of fossil fuels. Examples of alternative energy sources would be solar collection or geothermal or wind.
A recreational use involving permanent structures or buildings where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows or entertainment.
A place where animals or pets are given medical or surgical treatment within a building and the boarding of animals is limited to short-term care incidental to the hospital use.
The keeping of more than 10 dogs or more than 20 cats, or a combination of dogs and cats equaling more than 15 animals, which are lost, strays, unwanted, unlicensed, or unowned, whether or not the shelter is for the purpose of eventual adoption of the animals or whether the shelter is run as a for-profit or nonprofit operation.
The vertical distance measured from average grade of the base to the highest point of the support structure or antenna, whichever is higher. If the support structure is on a sloped grade, then the lowest grade shall be used in calculating the height.
Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
A structure that includes a transmitting, receiving, or relay tower and support structures and accessory building, that is licensed by the Federal Communications Commission (FCC) for the specified purpose of television, radio, or telephone communications beyond that which would be used for normal personal or residential use. Such uses shall include a digital, cellular, television, radio, microwave tower, wireless internet, or similar technology.
A parabolic reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish antenna," used or intended to receive microwaves, radio waves, or electromagnetic waves from an overhead satellite.
A device, either freestanding or attached to a building, used for receiving frequency signals, including television and radio antennas, and which is not used for commercial purposes. Such devices shall also include ham and citizens band radio antennas used by amateur radio operators.
A landowner or developer, as herein defined, who has filed an application for development, a building permit application, or application before the Zoning Hearing Board, including his heirs, successors, and assigns or the equitable owner of property with the owner's permission.
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 plan, or for the approval of a development plan.
With respect to the Airport Overlay Zone, a surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 129-1202, herein. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
A water-bearing stratum of permeable rock, sand, or gravel.
Standards that control the height, density, intensity and location of structures, including, but not limited to setbacks or yard requirements.
The entire area of a tract inclusive of existing public rights-of-way (whether interior or exterior), interior parking areas and access lanes, sidewalks, parks, playgrounds and common open space.
The actual area proposed for development exclusive of existing and proposed rights-of-way, easements/restrictive covenants, common open space, streets, sidewalks, parks, playgrounds and other nonresidential uses.
A residential complex that may include one or any combination of senior center, independent living, personal care, and acute care arrangements for a group of older adults.
Establishments engaged in furnishing automotive repair services to the general public and which may include painting or body and fender shops.
The use of any building, land area, or other premises for the display and sale or hire of new or used automobiles, panel trucks, vans, recreational vehicles, or automotive equipment. This shall be interpreted to include auto accessory sales but not the sale of junked automobiles or parts thereof.
Any area of land, including structures thereon, that is used for the sale of motor vehicle fuel at retail direct from pumps and storage tanks and which may include accessory facilities for rendering services, such as lubrication, washing, and repairs.
Any building wherein the primary occupation or use is concerned with such businesses as banking, savings and loan associations, credit unions, loan companies, mortgage companies, or investment companies.
A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1% annual chance flood").
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has 1% or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor below ground level on all sides.
A single-family detached dwelling occupied by a resident innkeeper, containing eight or fewer guest rooms for the temporary lodging of guests for compensation and providing to the guests such lodging services as maid service and accessory eating and drinking facilities limited to the serving of breakfast, and conducted as a home occupation, provided that all of the following criteria are also met:
An area of land bounded by streets, roads or other types of rights-of-way.
The Board of Supervisors of the Township of Sadsbury, Chester County, Pennsylvania.
A rooming house offering meals, in addition to lodging, to and only to the residents thereof and their guests. The use of the premises as a boardinghouse shall not be deemed to include the offering of meals for compensation to the general public or the accessory use of the premises as a restaurant.
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.
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
The aggregate of the maximum horizontal cross-section areas of the buildings on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five feet, one-story open porches projecting not more than 10 feet, steps, porches, decks, and balconies.
The ratio of the total ground floor area of all buildings on a lot to the total gross area of the lot on which they are located.
The area of a lot within which a structure is permitted to be built and that is defined by maximum height standards and minimum yard setbacks.
A building's vertical measurement from the mean level of the finished grade surrounding the building to the top of the roof parapet or to the midway point between the highest and lowest portions of the roof, excluding clock towers and the chimney and/or mechanical equipment above the roof, such as a stair or elevator penthouse and water towers.
A line drawn at the facade of a building on which any customer entrance is located and on which primary wall sign(s) with regard to the use(s) conducted within such building is/are installed. Also referred to as the "front line" of a building. A building may have more than one front building line.
A line drawn at the facade of a building on which no customer entrances are, or are intended to be (as to be determined based on building permit plans for the subject building), located. Also referred to as the "rear line" of a building.
A building line not a front building line or a rear building line, on which a customer entrance may be located. Also referred to as the "side line" of a building.
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 set back 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 § 129-1406, herein.
For the purpose of measuring lot width at and along the building setback line, the following shall apply:
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
A building in which is conducted, designed to be conducted or intended to be conducted the primary use of the lot on which it is located.
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 is 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. The measurement applies to newly installed trees.
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 curbs facing the cartway shall be included in the cartway.
A tract or parcel of land that contains a commercial communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to commercial communications transmission.
Land used or intended to be used for the burial of deceased persons or animals, including columbariums, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries, but excluding crematoriums.
A certificate issued and enforced by the Zoning Officer or other authorized Township official upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies compliance with all requirements and regulations as provided herein and with all other requirements herein incorporated by reference.
A building used principally for public worship and religious education.
The removal of essentially all trees from a stand as defined herein.
A building utilized by a private association offering restaurant and/or bar privileges to its members and guests.
An arrangement of residential structures that allows for grouping the structures by reducing lot area and yard requirements and incorporating the remaining area as open space.
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A use of land, or improvements thereto, for the purpose or engaging in retail, wholesale, or service for profit.
A space which will remain totally dry during flooding: the structure is designed and constructed to prevent the passage of water and water vapor.
The Comprehensive Plan of Sadsbury Township, as amended.
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.[1]
With respect to the Airport Overlay Zone, a surface extending outward and upward from the periphery of the horizontal surface, as defined herein, at a slope of 20 to one for a horizontal distance of 4,000 feet.
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."
A managed residential development, authorized to operate by the Commonwealth of Pennsylvania, designed to provide a range of senior housing options, specialized services, support and security and three levels of health care, including independent living, assisted living, and long-term and short-term skilled nursing care, together with an array of ancillary facilities intended to meet the social, recreational, cultural and religious needs of the residents.
A retail activity designed to serve a local market which involves, but is not limited to, any of the following uses: delicatessen, small food market, sale of automotive fuel. Such buildings should be no larger than 5,000 square feet gross.
Individual residential lots that encompass the entire development tract or area without retaining common open space associated with cluster development.
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An alteration of a building, structure or land by change of use theretofore existing to a new use which imposes other special provisions of a law governing building construction, equipment, exits, or zoning regulations.
The division of a single-family detached dwelling into two or more dwelling units; for example, the conversion of a single-family home to two or more apartments.
A type of single-family detached dwelling designed with a ground floor master bedroom, having one or two stories, and having vehicular access via a front-entry driveway and garage.
The end of a local street terminating at a permanent vehicular turnaround.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
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.
ADULTA commercial facility where daytime supervision is provided for adults.
CHILDA facility which exclusively provides supplemental parental care and/or instruction to children who are not related to the caregiver or operator; where tuition, fees, or other forms of compensation are charged; and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
A home occupation in which a private single-family detached residence is used for the care and supervision of a maximum of four children or adults not related to the caregiver.
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 above mean ground surface level. This measurement applies to existing trees on-site.
The act of demolishing, razing or removal of a structure or as defined in the International Property Maintenance Code, latest edition.
The total number of dwelling units existing and/or to be constructed on a lot or tract divided by the total gross area of the lot or tract, as defined herein as "gross lot area" or "gross tract area," expressed in dwelling units (DU) per acre.
The total number of dwelling units existing and/or proposed to be constructed on a lot or tract divided by the total net area of the lot or tract, as defined herein as "net lot area" or "net tract area," expressed in dwelling units (DU) per acre.
The Department of Health of the Commonwealth of Pennsylvania or of Chester County, or their representative having jurisdiction in the Township.
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 Chapter 109, Subdivision and Land Development.
Any final action of the Zoning Officer, Code Enforcement Officer, or Township Engineer constituting a final approval or disapproval with conditions of any application for a building permit or use permit or a decision relative to the provisions of this chapter.
Any landowner, agent of such landowner, tenant with permission of such landowner, or equitable owner, who makes or causes to be made, an application for a subdivision or land development.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
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.
The provisions for development, including a planned residential development, a plan of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.
The cessation of the use of property evident from continuous lack of maintenance or occupancy.
A geographically definable area possessing a significant concentration, linkage, continuity of sites, buildings, structures, or objects for the purpose of establishing zoning regulations.
Any activity which alters the existing ground cover, whether it be wooded, vegetative, stone, paved, or other impervious cover, by cutting, removal, or filling of vegetation or impervious cover. This includes stockpiling of material or any other activity which exposes soils to erosive action or otherwise alters the existing topography.
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.
The line extending vertically from the exterior edge of the outermost leaves and branches on the tree to the ground.
An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.
A building designed, modified and/or constructed for residential purposes.
SINGLE-FAMILY DETACHEDA building designed for and occupied as a residence, containing one dwelling unit and having no common or party wall with an adjacent dwelling. A mobile home affixed to a permanent foundation shall be considered a single-family detached dwelling.
TWO-FAMILY DETACHED (DUPLEX)A building designed for and occupied as a residence, containing two dwelling units that share a common floor/ceiling but have no common or party wall with an adjacent dwelling and having yards on all sides.
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SINGLE-FAMILY SEMIDETACHED (TWIN)A building designed for and occupied as a residence, containing one dwelling unit and having a common or party wall with another building and having yards on all but one side.
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SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building designed for and occupied as a residence, containing one dwelling unit and having no more than two or more common or party walls with other buildings.
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MULTIFAMILYA building designed for and occupied as a residence, containing three or more dwelling units.
TWO-FAMILY ATTACHEDA building designed for and occupied as a residence, containing two dwelling units that share a common floor/ceiling and having one common or party wall with two other dwelling unit that share that share a common floor/ceiling and having yards on all sides.
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SENIOR HOUSING (CONTINUING CARE RETIREMENT HOUSING)See "continuing care retirement community."
AGE RESTRICTED HOUSINGSee "age-restricted community."
A room or rooms within a building connected together, constituting a separate, independent housekeeping establishment for one family only and containing independent cooking and sleeping facilities. A single living space for one family, excluding individual rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like.
A permanent right granted for limited use of private land, normally for a public purpose (e.g., utility, drainage, public access).
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.
Use of land or building(s) for the establishment and maintenance of a public or private college, secondary or elementary school, or other educational institution for the primary purpose of instruction and learning.
The date upon which this chapter officially comes into effect, except that with respect to the subject matter of any amendment, said date shall mean the date upon which the particular amendment became or becomes effective.
Buildings or structures and equipment erected and used for the purposes of transmission, switching or transforming of electrical current or transporting fuels, gases or other materials regulated by the PUC, between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities, or repair crews.
Any obstruction or illegal or unauthorized intrusion in a delineated floodway, right-of-way, or on adjacent land.
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A professional engineer, licensed as such by the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township.
Those areas of land the disturbance of which would contribute significantly to the degradation of environmental conditions and amenities. Environmentally sensitive areas include, but are not limited to, those resources protected in this chapter.
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.
A 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.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads),
A family is defined as:
A single person occupying a dwelling unit; or
Two or more persons related by blood, marriage, or adoption occupying a dwelling unit, including not more than one boarder, roomer, or lodger;
A group home; or
Not more than four unrelated persons occupying a dwelling unit, living together, excluding a rooming or boardinghouse.
A parcel of land use for agricultural activities. See "agricultural operation."
The act of cutting a standing tree so that it falls to the ground.
Any freestanding and uninhabited structure erected to secure or divide a property from another, or part of a property from the remaining part of the same property.
Material, exclusive of structures, placed or deposited to form an embankment or to raise the surface elevation of the land. Clean fill shall be defined by standards set forth by the Pennsylvania Department of Environmental Protection.
A temporary inundation of normally dry land areas.
The volume of water resulting from a Base Flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
The 100-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.
Comprises that area of the 100-year floodplain not included within the floodway as delineated by the Flood Insurance Study. The basis for this outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
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The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
The highest level of flooding that, on the average, is likely to occur every 100 years; that is, that has 1% chance of occurring each year, as delineated by the Federal Flood Insurance Agency Maps developed in the Flood Insurance Program (see also "base flood").
A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1% annual chance flood").
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 129-1203C(1) for the specifics on what areas the community has included in the identified floodplain area.
Any combination of structural and nonstructural 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.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot and as defined in 25 Pa. Code § 105.1, including its most recent revisions.
Total gross area of all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors and open porches, balconies and terraces.
Floor areas of all floors as measured from the inside surfaces of the walls enclosing the part of a building occupied by a single occupant or shared by a distinct group of occupants, excluding therefrom common halls, stairwells, sanitary facilities and storage and other areas to which patrons do not have regular access.
A unit of incident light quality measurable with an illuminance meter, AKA "footcandle meter" or "light meter."
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.
A dimension or distance above a floodplain or flood hazard area, utilized as a margin of safety.
The length of a front lot line coinciding with a street line, with the exception of a flag lot. See "lot, flag."
A term that describes a lighting fixture from which no light is emitted at or above a horizontal plane through the bottom of light-emitting aperture portion of the fixture and no more than 10% of the lamp's intensity is emitted at any angle within 10° below that horizontal plane, at all lateral angles around the fixture.
An accessory building or part of a principal building for the storage of one or more automobiles and/or other vehicles, accessory and incidental to the primary use of the premises and owned and used by the owner or tenant of the premises.
A building other than a private garage, used exclusively for the storage or parking of motor vehicles.
The temporary display and sale of goods and craft items on a residentially used property.
The sensation produced by excessive direct or reflected light that causes annoyance, discomfort or loss in visual performance of the eye. Sensitivity to glare increases with the viewer's age.
An organized, unlighted playing area containing a minimum of nine holes, constructed according to PGA and USGA standards, and excluding miniature golf courses and driving ranges.
The changing of the surface of the ground by excavation or fill or combination of the two; the act of moving earth.
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale. "Greenhouse" also includes high tunnels.
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.
The total floor area of any building or structure in which some or all spaces are leased.
A licensed community-based living arrangement functioning as a single household and providing rehabilitative services and which provides residential services to persons who, due to age, disability or handicap, are not able to live without professional care or supervision. Group homes do not include a disciplinary facility, or facility confining adjudicated delinquents or convicted criminals, parolees or supervised probationers under the custody of the courts or county, state or federal correctional agencies, drug or alcohol rehabilitation facilities, nor shall the use be deemed to include facilities for the treatment of mentally ill or physically injured or disabled persons wherein psychiatric or medical care is administered beyond that incidental care normally provided in a single-family residence.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
A linear plant community, either natural or planted, dominated by trees and/or shrubs, an occurring along roads, fence lines, property lines or between fields.
With respect to the Airport Overlay Zone and for the purpose of determining the height limits in all zones set forth in § 12-1202 herein and shown on the Airport Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
An area of land or a structural surface which is designed, used, or intended to be used for the landing and takeoff of helicopters, and which may include appurtenant areas which are designed to be used for helicopter support facilities such as maintenance, refueling, and hangers.
Trees of the following species that are 12 inches DBH or greater: sugar maple; bitternut hickory; pignut hickory; shagbark hickory; mockernut hickory; white ash; American beech; eastern black walnut: white oak; swamp white oak; scarlet oak; chestnut oak; pin oak; northern red oak; black oak.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
The location or place of egress and ingress to a street or highway created by a driveway, alley, or other street.
Any structure that is:
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;
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;
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
An accessory use which is clearly incidental or secondary to the residential use of a dwelling unit and is an activity conducted for profit by persons residing on the premises. Home occupations are further divided into two categories, no-impact home-based business, and major home occupation, as defined below:
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
No delivery vehicles or equipment stored outside of the building shall be permitted.
The business may not involve any illegal activity.
MAJOR HOME OCCUPATIONA home occupation which requires additional review and regulation because of its potential impact on the area in which it is located. A major home occupation is specifically defined as a home occupation which does not meet one or more of the criteria of a no-impact home-based business.
A nonprofit organization of homeowners or property owners, planned and operated under negotiated and approved Township rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property. This term is synonymous with "property owners association."
With respect to the Airport Overlay Zone, a horizontal plane, 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
The cultivation of fruits, vegetables, flowers, or ornamental plants; a form of agriculture.
An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity, or other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
An establishment open to transient guests and in which lodging with or without meals is offered for compensation and in which access to guest rooms is from an interior lobby, corridor or hallway accessed from a common entrance. Additional services, such as conference and meeting facilities may also be provided in conjunction with the primary use. (See also "motel.")
A soil that formed under saturated conditions with hydric inclusions in the Township, as classified by the U.S. Department of Agriculture, Soil Conservation Service for Delaware and Chester Counties, include Guthrie silt loam (Gu), Lawrence silt loam (LaA, LaB), Linside silt loam (Ls), Melvin silt loam (Mn), Worsham silt loam (WOA, WoB, W0B2), and Worsham very stony silt loam (W5B). Glenville silt loam (GnA, GnB) may be considered hydric, subject to soils analysis to determine if there are hydric inclusions.
The term is an umbrella term that includes all of the areas within which the Township has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 129-1203C(1) for the specifics on what areas the community has included in the Identified Floodplain Area.
The quantity of incident light measured with a light meter in footcandles.
Areas or materials that do not absorb water, including but not limited to buildings, structures, and paved areas.
A system of piping, tanks, other facilities serving a single lot and located thereon, which is approved by the Pennsylvania Department of Environmental Protection and/or the Chester County Health Department.
A grouping of two or more industrial establishments which are subdivided and developed according to a unified plan that includes the common use of streets and utilities.
A building and grounds, a portion of which is used for the residence of more than three unrelated persons who occupy the building for a common purpose, including hospitals, convents, school dormitories, nursing homes, reformatories, etc.
Plants not native to the area, including, but not limited to, multiflora rose, autumn olive, Japanese honeysuckle, oriental bittersweet, Norway maple, mile-a-minute weed and all poisonous plants.
A wrecked, disabled vehicle or a vehicle which is unregistered or unlicensed under the Pennsylvania Vehicle Code,[2] or without current and valid state inspection, or which would not in its current condition pass a Pennsylvania inspection as required by the Pennsylvania Vehicle Code.
An area of land, with or without buildings, used for storage of used and/or discarded materials outside a completely enclosed building, including but not limited to wastepaper, rags, rubbish, trash, refuse, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same or the deposit or storage on a lot of two or more unlicensed, uninspected, wrecked, or disabled vehicles. Except in the case of an automotive repair facility where automobiles are awaiting repair.
The use of land, building, or structure where four or more cats and/or dogs 10 weeks of age or older are kept for remuneration for boarding, grooming, breeding and/or selling purposes on a single lot or contiguous lots under single ownership or lease.
A building or group of buildings in which are located facilities for scientific research, investigation, testing, and experimentation, but not including the manufacture of products for sale.
Any of the following activities:
The improvement of one lot.
The improvement of two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot, or lots, regardless of the number of occupants, whether owners or renters; or
The division or allocation of space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with the Pennsylvania Municipalities Planning Code.[3]
Any activity that exposes soils, or alters topography and/or vegetation, except for removal of invasive vegetation. Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of "land disturbance."
Within the context of a timber harvesting operation, a place where logs, pulpwood and firewood are assembled for transportation to a processing facility or otherwise off-site.
A 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 the land.
The use of plant material, walls, fencing or earthen berms, or combinations thereof, to:
The planting of turf, grass or other appropriate ground cover in all open areas of a lot, and in addition, the planting of evergreen and deciduous trees and shrubs, including the maintenance thereof, for the control of erosion, retention of precipitation, protection against the elements, promotion of human comfort, and otherwise protecting the public health, safety, and welfare.
Discarded items not naturally occurring on a site, such as tires, oil cans, equipment parts, and other refuse.
A space, accessible from a street, alley, or accessway, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
A building or grounds utilized by a private association offering such recreational pursuits as climbing, hunting, fishing, gunning, nature observation and the like. It does not include restaurant and/or bar facilities.
The cutting of tops, as defined herein, and slash, as defined herein, into smaller pieces to allow settlement of such material close to the ground.
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 109, Subdivision and Land Development, and/or other applicable law.
That ratio of the total ground floor area which is covered by impervious materials, including buildings, structures, sidewalks, driveways and parking lots to the total lot area of the lot on which they are located.
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 on the property boundary.
The lot line abutting a street and coinciding with the street line, in the case of a corner lot, each street on which the corner lot abuts shall be considered a front lot line.
A lot line opposite and most distant from the front lot line; if the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to an at the maximum possible distance from the front lot line. In the case of a corner lot, see "yard, front." See figure with "lot line, side" below.
Any lot line not a front or rear lot line.
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The total planar area within the lot lines of any lot or tract of land.
The gross area of a lot or tract of land reduced by the following: The entire area of all lands lying within i) any road right-of-way, existing or proposed, public or private. For the purpose of the computation of a private road, such road shall be deemed to have a right-of-way equal to the right-of-way required for a comparable public road with the center line of each being congruent; ii) the area within the exterior perimeter of any drainage retention or detention basin serving or intended to serve more than the lot on which it is located; iii) all possessory servient easements or rights-of-way burdening the lot, including, but not limited to, utility easements above or on the ground, railroad rights-of-way and private easements of passage for the benefit of adjacent land; iv) lands under conservation easements or prohibitory building restrictions; v) all areas within the floodplain overlay district, and all areas comprised of wetlands, prohibitive slopes, seasonally high water table soils, surface water, and riparian buffers. In all zoning districts, as used for establishing minimum lot areas and computation of percentages of lot coverage, the term "lot area" shall be deemed to mean net lot area.
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 of "building setback line."
A lot bounded by two or more intersecting streets, or at the point of abrupt change in direction of a single street, the interior angle of which is not greater than 135°, where the lot is bounded by the interior angle, not the exterior angle.
 Source: A New Illustrated Book of Development Definitions, Harvey S. Moskowitz and Carl G. Lindbloom, Center for Urban Policy Research, New Brunswick, New Jersey, 1997 |
A lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.
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.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A lot extending between and having frontage on an existing or proposed arterial, collector or local street and a local street and with vehicular access only from the latter.
The 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.
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 Chapter 109, Subdivision and Land Development, 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 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.
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
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 clinic.
The area of a lot that has no development restrictions. The minimum buildable area shall not include the area of any required setbacks (except driveways which cross yards), buffer yards, natural features with 100% protection as specified and defined within this chapter and the percentage of other protected natural features that may not be developed or intruded upon as defined herein.
The use of a building or a lot for two or more principal uses.
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 a 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 with or without a permanent foundation.
A concrete pad for the purpose of supporting a mobile home.
A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes for nontransient use.
The owner of a mobile home park, or his authorized agent, who is duly licensed for maintaining a mobile home park in the Township.
A home built in a factory and then carried in sections to a building site where it is assembled.
A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and a parking space, and offered principally for rental and use by motor vehicle travelers. Additional services, such as conference and meeting facilities may also be provided in conjunction with the primary use if consistent with the provisions found elsewhere herein. (See also "hotel.")
Any building, structure, facility, complex, area, or use, provided, constructed, or maintained by the municipal government of Sadsbury Township, Chester County, Pennsylvania.
Structures for which the start of construction commenced on or after the effective start date of this chapter and includes any subsequent improvements to such structures. Any construction started after October 15, 1985, and before the effective start date of this chapter is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
No equipment or vehicles utilized in the business shall be stored outside.
The business may not involve any illegal activity.
A lot held in single and separate ownership which does not comply with the applicable dimensional regulations, including those related to site area, and lot width, in this chapter or amendments hereafter enacted where such lot was lawfully in existence prior to enactment of this chapter or amendments.
Any sign lawfully existing at the time of the passage of this chapter that does not conform in use, location, height, or size to the regulations regarding signs.
A structure or part of a structure which does not comply with the applicable dimensional regulations, including those relating to density, impervious surfaces, building coverage, building height and setbacks in this chapter or amendment hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment. Such structures include, but are not limited, buildings, fences, and swimming pools.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or prior to the application of such ordinance or amendment to its location by reason of annexation.
With respect to the Airport Overlay Zone, a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
Land or greenhouses used to raise flowers, shrubs, trees, and/or other plants for commercial purposes.
A building, or series of buildings, for the housing and care of persons in need of specialized care and attention but not necessarily needing hospital level of services.
With respect to the Airport Overlay Zone, any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth elsewhere herein.
The disposal of sewage by use of a sanitary sewer system served by a central sewage treatment plant approved by all governmental agencies having jurisdiction over such matters and either governmentally or privately owned or Public Utilities Commission (PUC) controlled.
A safe, adequate and healthful supply of water to more than one user from a common source approved by all governmental agencies having jurisdiction over such matters and either governmentally or privately owned or PUC controlled.
A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or similar activity where no goods, merchandise, or materials are stored for sale, exchange, or delivery on the premises.
A grouping of two or more office buildings which are subdivided and developed according to a unified plan involving the layout of several lots, buildings, access streets, landscaping, and other improvements typically in a campus-like setting.
An establishment primarily engaged in management and general administrative functions, such as executive, personnel, finance, and sales activities.
An office where a particular kind of business is transacted or a service supplied and shall be limited to offices for management, consulting, recordkeeping, and clerical work of a commercial, industrial, mercantile, or personal service enterprise.
The office of a member of a recognized and lawful profession maintained for the conduct of that profession, including, but not limited to, dentists, doctors, chiropractors, attorneys, and accountants.
The disposal of sewage by use of safe and healthful means within the confines of a lot as approved by the Chester County Health Department.
A safe, adequate and healthful supply of water to a single user from a private well as approved by the Chester County Health Department.
The state of being opaque.
Not transmitting light or impenetrable to light.
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site, designed and intended for the use and enjoyment by residents of such development and possibly the general public. Common open space shall be substantially free of structures, but may contain such improvements as are in the finally approved development plan, and shall not include individually owned private yards, streets, and off-street parking areas unless provided in conjunction with a recreational facility.
A tract of land containing at least 10 acres devoted to agricultural uses, together with a dwelling and accessory uses, located in the Rural Residential District on the effective date of this chapter, and held in single and separate ownership.
A tract of land, designated and used for active and passive recreation.
A tract of land, designated and used by the public for active and passive recreation.
An off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
A space located off the public right-of-way designed and designated for parking a motor vehicle.
A common shared wall between two separate structures, buildings, or dwelling units.
An individual, partnership, public or private association, corporation, firm, trust, estate, municipality, government unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A building or portion of a building in which the service of a person permitted to practice a specific profession is offered to the general public. Examples of such uses include but are not limited to agents, barbers, beauticians, cleaners, doctors, laundromats, lawyers, optometrists, photographers, post offices, repairing, tailors, undertakers, and utility collection offices.
Surveying through a photographic process.
See Chapter 109, Subdivision and Land Development.
See Chapter 109, Subdivision and Land Development.
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.
See Chapter 109, Subdivision and Land Development.
The Planning Commission of Sadsbury Township, Chester County, Pennsylvania.
Pennsylvania Natural Diversity Inventory.
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the Township's initial Flood Insurance Rate Map (FIRM) dated October 15, 1985, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement occurred on or before December 31, 1985, or before the Township's initial Flood Insurance Rate Map (FIRM) dated October 15, 1985, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
With respect to the Airport Overlay Zone, a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
With respect to the Airport Overlay Zone, a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth elsewhere herein. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
Soils of the first, second, or third class as defined by the United States Department of Agriculture.
Any activity limited to members of an organization or to persons specifically invited where no advertisement or inducement has been made to the general public.
A forester who has obtained a Certified Foresters® certification from the Society of Certified Foresters (SAF), or who is a full member of the Association of Consulting Foresters (ACF). In the alternative, the Board of Supervisors may approve an individual, not meeting the above qualifications, as a Professional Consulting Forester, if such individual petitions the Board, prior to any request for a timber harvesting permit, and submits his or her educational and professional qualifications, samples of previous timber harvesting plans authored, and references from Pennsylvania municipalities.
The minimum requirements for consideration as a Professional Consulting Forester are:
The individual must have a Bachelor of Science degree in forestry from a college accredited by the Society of American Foresters;
The individual must demonstrate that his or her principle business activity is forestry consulting;
The individual must demonstrate that he or she does not have an economic interest in a timber purchasing or procurement entity; and
The individual must demonstrate that he or she has prepared a minimum of five timber harvesting plans within the Commonwealth of Pennsylvania.
Natural features, such as floodplains and steep slopes, that have assigned to them a certain percentage of protection in order to avoid impact upon them or the proposed subdivision or land development. For example, 100% of floodplains shall be protected as herein defined elsewhere in this chapter.
Any use in which the general public is involved.
Includes:
A 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 or to build an adjudicatory record prior to taking action in accordance with this chapter and Act 247.
A forum held pursuant to notice under 65 Pa.C.S.A. §§ 701 through 716, known as the "Pennsylvania "Sunshine Act."
Notice of a hearing published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing. Public notice all requirements established by the State of Pennsylvania, as amended.
Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.
A sewage collection and conveyance facility complying with all of the requirements and duly approved by Sadsbury Township and the Department of Environmental Protection.
Any building, structure, facility, complex, or area used by the general public or which provides a service to the public, whether constructed by a state, county, or municipal government agency, or any private individual, partnership, association, or corporation.
The supplying of safe, palatable and potable water in sufficient quantities for the proposed use, including fire protection, said water to be supplied by and only by a municipality, municipal authority or a public utility as defined and regulated by the Pennsylvania Public Utility Commission.
A structure that includes a transmitting, relay or antenna tower, and support structures and accessory buildings that is licensed by the Federal Communications Commission (FCC) for the specified purpose of transmitting or receiving television, radio, or telephone communications.
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.
The use of a building or part thereof for indoor sports such as bowling, tennis, racquetball, squash, indoor basketball, indoor swimming, and those sports activities usually conducted indoors, but excluding target shooting or any other activities that create loud noises or may be dangerous or disturbing to surrounding residents.
A recreational use and associated facilities designed and equipped for the conduct of sports and leisure-time activities, including swimming, tennis, and other court games, baseball and other field sports, playground and other outdoor activities, but excluding amusement parks, go-cart tracks, shooting ranges and other activities which generate noise objectionable to a residential environment.
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.
A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The restocking of an area with forest trees, including natural regeneration, as well as tree planting.
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
A nonprofit use of land or a building as a place of worship, convent, monastery, or similar religious institution, including rectory and parish house.
An individual space offered for rent or lease within a motel, hotel, rooming house, tourist home, institutional home, dormitory, multifamily dwelling structure, or in a professional, commercial office, or industrial building. This definition includes self-storage facilities as defined herein.
A place of business serving food and beverages prepared for consumption on the premises, and providing table or sit-down service or takeout service, but not including outdoor curb service. Outdoor dining may be permitted by special exception.
An eating establishment where customers place their orders at a service area located indoors, but separate from any seating facilities, and where food is either consumed at seating facilities or is taken out or delivered for consumption.
A fast-food restaurant as described above but which also provides service to customers who remain in automobiles where customers are served either through an exterior window in the establishment or directly to parked automobiles on the premises.
Establishments providing services or entertainment, as opposed to products, such as real estate and insurance, personal service establishments, motion pictures, amusement and recreation service, educational and social services, museums and galleries.
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, such as but not limited to hardware store, pharmacy, magazine or bookstore, florist, or clothing store.
A development of individual or multiple dwelling units which is designed for adults and which meets the definition of "housing for older persons" as set forth in the Fair Housing Amendments Act of 1988, as amended. Exclusively for adult individuals and/or couples who are at least 55 years of age and includes facilities or services specific to the population. Retirement communities shall include age restricted communities and continuing care retirement communities, as defined herein.
The total width of any land reserved or dedicated as a street, alley, sidewalk, or crosswalk, or for any other purpose.
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The right-of-way deemed appropriate to provide adequate width for future street improvements.
The existing right-of-way of dedicated streets as established by the Commonwealth of Pennsylvania or other appropriate governing authority.
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.
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.
ZONE TWO: OUTER RIPARIAN BUFFERThis zone begins at the outer edge of Zone One and occupies a minimum 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-foot maximum.
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The portion of an exterior building wall that extends vertically above the horizontal plane of the roof surface.
A building providing permanent or semipermanent lodging for 10 or fewer persons, other than a family, by rental of rooms or other lodging arrangements for compensation. The term shall not be construed to include institutions, community living arrangements, group homes, halfway houses, disciplinary or confinement facilities, rehabilitation centers, camping facilities, dormitories or any other facility similar to the above-enumerated exceptions.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
An approved site licensed by the Commonwealth of Pennsylvania for solid waste disposal where the solid waste is spread in thin layers, compacted to the smallest practical volume and covered with soil at the end of each working day.
An agricultural accessory use, such as repair of agricultural equipment, butcher shop, or processing of local agricultural products, which provide a secondary source of income to the primary agricultural use.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited it is usually referred to as "sediment."
The felling of certain but not all trees in an area for the purposes of:
Removing dead, diseased, damaged, invasive, mature or marketable timber;
Improving the quality of a tree stand or species; or
Meeting personal domestic needs.
Any activity described above shall be in accordance with the definition of "forestry" in the Pennsylvania Municipalities Planning Code (MPC).[4] |
Storage units provided for lease to the public for the purpose of storage of personal property generally stored in residential structures and in which each storage unit has direct access.
A line established by this chapter parallel to and at a prescribed distance from a public or private street, which determines an area within which no structure may be erected; the minimum front yard, rear yard, and side yard requirements.
Any substance that contains any of the waste products or excrementitious matter or other discharge from the bodies of human beings or animals and laundry, bathroom, and kitchen wastewater and waste products from commercial and industrial uses including but not limited to car wash drainage.
INDIVIDUAL, ON-SITE SANITARY SEWAGE DISPOSAL SYSTEMThe disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, as approved by the Chester County Health Department within the confine of the lot on which the use is located.
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.
PUBLIC SEWER SYSTEMAn off-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.
The multiple use of a single property for a group of stores planned and designed as an integrated unit with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit. It shall also mean a single store or group of stores where the total gross floor area of the store or stores exceeds 40,000 square feet.
For the purpose of this chapter, the definition shall be as in Pennsylvania Code Title 67, Transportation, Chapter 441.1, as most recently amended.
An area of vision at a street intersection which shall remain unobstructed; defined by lines of sight between points at a given distance from the intersection down the center lines of the street.
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Any permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other surface that displays or includes any letter, words, insignia, flag, or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or which is designed to attract the eye or bring the subject to the attention of the public. This definition does not include any flag, badge or insignia of any government or governmental agency or of any civic, charitable, religious, patriotic or similar organization.
The distance from the existing ground elevation at the base of, or immediately below the sign, to the highest point of the sign structure.
A sign erected on, or related to, the use of a property which becomes vacant and unoccupied for a period of six months or more, or any sign that relates to a time, event, or purpose that is past.
A sign directing attention to a business, commodity, or service conducted, sold or offered upon the same premises as those upon which the sign is maintained. This includes signs that identify or advertise home occupations or signs affixed to vehicles denoting a business-related activity.
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any adjoining property.
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.
Measures taken following the completion of land disturbance activities which will stabilize the land surface and minimize possible erosion or sedimentation.
A primary pathway intended for repeated skidding from skid trails to a landing where excessive exposure of soils can be expected from heavy use.
A secondary pathway intended for skidding from a tree or small group of tress to a skid road where extensive exposure of soils is not expected.
The dragging, by any means, of trees, or parts thereof, along the ground.
The woody debris left in the woods after timber harvesting, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees and/or shrubs.
Those areas of land where the grade is 15% to 25%.
Those areas of land where the grade is 25% or greater.
All refuse, including garbage and trash, and all solid material which is deteriorating or rotting and originating from the preparation, cooking, and consumption of food and market produce.
An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
A special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
With respect to woodlands, timber harvesting and clear cutting, the term "stand" shall mean a contiguous group of trees sufficiently uniform in species composition, arrangement of age classes, and condition to be a homogenous and distinguishable unit.
Includes substantial improvement and other proposed new development and means the date the Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the floodplain administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
The keeping of used or new products, merchandise, materials, equipment or vehicles for a continuous period greater than eight hours. Excluded from this definition are the following:
The keeping of goods or materials for present or future use in an area unprotected from the elements.
Any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is:
A watercourse.
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, or 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:
ARTERIALA 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. Arterial streets may be either principal arterials or minor arterials. Principal 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 principal arterial system distributing travel to smaller centers of activity and allowing for more access to adjoining properties than principal arterials.
COLLECTORA major street which carries traffic from local streets to arterial streets. Collector streets may be either major collectors or minor collectors. Major collectors may provide access to centers of activity, connect with principal 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.
LOCALEvery 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.
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 way over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right-of-way.
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The line that is equidistant from both sides of the street. See figure with "street line," above.
Any street not offered or not required to be offered for dedication.
A public thoroughfare which has been dedicated and deeded to the Township and which affords the principal means of access to the abutting property.
Any street that has access to an existing public road and circulation system only at 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.
One or more buildings enclosed by exterior walls and a roof.
Any man-made object having an ascertainable stationary location, on or in land or water, whether or not affixed to the land. Structures include but are not limited to buildings, sheds, mobile homes, signs, fences or walls over six feet in height, aerials and antennas, porches, platforms, tennis courts, swimming pools, tents, tanks and towers.
A structure without foundation or footings which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
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 or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings, shall be exempted from this definition.
Chapter 190, Subdivision and Land Development, of the Code of Sadsbury Township, Chester County, as adopted and amended.
Damage 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.
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.
"Substantial improvement" includes any repair, restoration, or other improvement to structures that have incurred substantial damage or cumulative substantial damage, regardless of the actual repair, restoration or other improvement work performed.
"Substantial improvement," however, does not include either:
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 local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure provided that the alteration does not preclude the structure's continued designation as an historic structure.
That part of the precipitation that passes over the surface of the soil.
A structure designed to be filled with water, permanently constructed or portable, with sides having a depth of more than 18 inches below the level of the immediate surrounding grade, or an above-surface pool having a depth of more than 24 inches, designed, used, and maintained for swimming and recreation.
PRIVATEAny reasonably permanent pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 24 inches. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
PUBLICAny open or enclosed place open to the public for amateur and professional swimming or recreational bathing, whether or not a fee is charged for admission or for the use thereof.
The felling and removal of four trees, of greater than six inches DBH, per acre to be converted to any forest product or for sale to others. The felling and/or removal of diseased or dead trees, or invasive trees or other invasive herbaceous species, or the felling and removal of trees for personal firewood use, or the removal of trees from an orchard. Christmas tree farm or tree nursery, or the clearing of trees in an area in accordance with an approved subdivision or land development plan or building permit or the shall not constitute timber harvesting provided that such activity shall not occur more than once in a three-year period. Forestry, as defined in Article II, herein, shall be considered a timber harvesting operation and shall require a timber harvesting permit.
A description by means of text and maps of a proposed timber harvesting operation, in compliance with the requirements of § 129-1347 of this chapter, required for a timber harvesting permit.
The upper portions of felled trees that, because of small size, taper or defects, have no commercial value.
Natural and friable loam containing sufficient nitrogen, phosphorus and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
A unified development comprised of one or more main street component(s), one or more in-line retail components(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 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 in Chapter 109, Subdivision and Land Development.
The total tract area on which there is located a Town Center commercial development, provided that a Town Center development parcel may be divided by access ways 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 Chapter 109, Subdivision and Land Development, 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.
Sadsbury Township, Chester County, Pennsylvania.
One or more lots assembled and presented as a single property for purposes of subdivision or land development.
A right-of-way containing a marked or beaten path, whether paved or unpaved, for pedestrians, equestrian, or bicycle use.
These surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.
The line marking the outer edges of the branches of the tree.
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An area that is radial to the trunk of a tree in which no construction activity shall occur. For the purposes of this chapter, the Tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk of the tree to two feet beyond the dripline, whichever is greater, tree protection zone shall be the aggregate of the protection zones for individual trees.
Heritage Trees, being those trees older than 50 years, shall have a TPZ equal to two times those required by other trees. |
CANOPY OR AWNING SIGNAny sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over the door, entrance, window, or outdoor service area.
CONSTRUCTION/DEVELOPMENT SIGNA type of temporary sign intended to display the name of the project and or the contractor, architect, engineer, financier, or similar information pertaining to the project.
DOUBLE-FACED SIGNA sign which displays a message, information, or advertising on both faces of the sign. Such sign shall include a V-type sign, which is a double-faced sign attached at one end.
FREESTANDING SIGNA sign supported by structures or support that are placed on or anchored in the ground and that are independent from any building or structure. The height of a freestanding sign shall be measured from the proposed finished grade to the highest point of the sign structure.
ELECTRONIC SIGN/BILLBOARDA sign and/or billboard capable of displaying text, graphics, symbols, or images that can be electronically or mechanically changed by remote or automatic means; or with content that may be changed by electronic process through the use of light or lights, including, but not limited to, light emitting diodes (LED), liquid crystal display and plasma image display.
GROUND SIGNA sign, other than a freestanding sign, placed directly on ground without supports of pylons, independent from any building or structure.
ILLUMINATED SIGNA sign that has characters, letters, figures, designs, or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign.
OFFICIAL TRAFFIC SIGNSigns erected by the Commonwealth of Pennsylvania Department of Transportation or Sadsbury Township which are designed to regulate traffic, describe road conditions, supply directions, or provide information.
OFF-PREMISES SIGNSA sign that directs attention to a person, business, profession, product, or activity not conducted on the same premises.
POLITICAL SIGNA temporary sign pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.
PORTABLE SIGNA type of temporary sign, with or without display or legend, that is self-supporting without being firmly embedded in the ground or is fixed on a movable stand or mounted on wheels or movable vehicles, or made easily movable in some other manner. Portable sign shall also include searchlight standards and hot air or gas filled balloons.
PROJECTING SIGNA sign affixed to a wall or other vertical building surface in such a manner that its leading edge extends more than six inches beyond the surface of such wall or building.
REAL ESTATE SIGNA sign pertaining to the sale, lease, or rental of the property on which it is located.
TEMPORARY SIGNA sign intended for short-term use, such as a promotional sign, including sign pertaining to business events, community events, political issues, an individual seeking public office or a forthcoming public election.
WALL SIGNA sign parallel to a wall or other vertical building surface. Wall signs shall not extend beyond the edge of any wall or other surface to which they are mounted and shall project no more than six inches from its surface; otherwise, they shall be defined as a projecting sign.
WINDOW SIGNA temporary or a permanent sign that is oriented to the public right-of way and is located on the inside or outside of a window.
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.
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
A structure that is dangerous to the health, life, property or the safety of the public or occupants. A structure that contains unsafe equipment or is so damaged, dilapidated, structurally unsafe that partial or complete collapse is possible or as defined in the International Property Maintenance Code, latest edition.
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.
Any purpose for which a building or other structure or a 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.
A use which is permitted in a zoning district without the need for a special exception, variance, or conditional use permit.
A use which is generally not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.
Use of land or building(s) for the establishment and maintenance of a public or private college, secondary, or elementary school, or other educational institution for the primary purpose of instruction and learning.
A use which is not permitted as a right, but which, when deemed suitable, with or without the imposition of conditions or restrictions under applicable standards, may be allowed by the Zoning Hearing Board after public hearing.
A runway that is constructed for, and intended to be used by, propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by the appropriate municipal code, for an adjustment to some regulation which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest and would maintain the spirit and original intent of this chapter or a grant of relief by the Township from the terms of a floodplain management regulation.
See "animal hospital."
The failure of a structure or other development to be fully compliant with the Township's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
A runway intended solely for the operation of aircraft using visual approach procedures.
A building used primarily for the indoor storage of goods and materials.
Those soils with high water tables, either continuous or seasonal, whereby the soil, by reason of its instability or high water table, requires that special consideration be given to the structural aspect of footings or foundations of buildings or that special floodproofing or waterproofing considerations be given to basement or other subsurface structures to protect against infiltration of water or damage or instability of structure. Water hazard soils shall be deemed to include the following soils as described in the Soil Survey of Chester and Delaware Counties. Pennsylvania, prepared by the United States Department of Agriculture, Soil Conservation Service, issued May 1963 as Series 1959, No. 19: all soils listed as lying within the Building Groups 11, 12 and 13 and include Aldino very stony silt loam, Bowmansville silt loam, Clavert silt loam, Chewacla silt loam, Congaree silt loam, Croton silt loam, Glenville silt loam, Guthrie silt loam, Lawrence silt loam, Lehigh silt loam, Lehigh very stony silt loam, Lindside silt loam, Melvin silt loam, Othello silt loam, Rowland silt loam dark surface, Tidal marsh, Watchung silt loam, Watchung very stony silt loam, Worsham silt loam, Worsham very stony silt loam and Wehadkee silt loam.
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.
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 source may be located on-site and/or off-site. A central system can be further described as either of the following:
PUBLIC WATER SUPPLY SYSTEMA 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.
COMMUNITY WATER SUPPLY SYSTEMA 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.
An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Township.
The upper surface of a zone of saturation except where that surface is formed by an impermeable body.
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; a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
The marking of a boundary on the ground that designates between wetland and nonwetland areas.
Areas that are inundated and saturated by surface water or groundwater at a frequency and duration 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.
A 100-foot border surrounding a wetland, measured from the boundary of the wetland as delineated according to the procedures contained in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
Any activity which alters the existing structure of woodlands. Alterations include the felling or removal of canopy trees, subcanopy trees, understory shrubs and vines, and woody and herbaceous woodland floor species.
Any activity which constitutes a land disturbance, as defined in this chapter.
Woodland disturbance does not include the selective cutting of invasive trees, shrubs, vines or other invasive herbaceous species.
A tree mass or plant community, covering 1/4 acre or more, in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Woodlands do not include commercial horticultural enterprises, such as orchards, Christmas tree farms, and commercial nurseries.
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.
FRONT YARDA 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 figure with "side yard," below.
YARDA 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. See figure with "side yard," below.
SIDE YARDA 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 on any structure on the lot.
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The designation of specified districts within Sadsbury Township, Chester County, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements.
The Zoning Hearing Board of the Township of Sadsbury, Chester County, Pennsylvania.
The Official Zoning Map Sadsbury Township, Chester County, as adopted and amended.
The duly constituted municipal officer designated to administer and enforce this chapter in accordance with its literal terms.
The Sadsbury Township Zoning Ordinance as codified in Chapter 129 of the Sadsbury Township Code of Ordinances.
A permit stating that the purposed for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
The basic system of zoning, which, under Chapter 129, Zoning, as amended, divides all land in the Township into separate, distinct zoning district classes, and sets limits and requirements for land use in each of these base.
A set of regulations applicable in addition to the base zoning regulations of the underlying districts. Where conflicts exist between the overlay and base zoning, the more restrictive provision applies.
C.
Undefined terms. In cases where definitions do not appear above and there arises disagreement as to meaning, the definition which will govern shall be that derived from the American Heritage Dictionary of the English Language.