As used in this chapter, words expressed in the present tense
include the future; words in the masculine gender include the feminine
and the neuter; the singular includes the plural and the plural the
singular. The words "shall" "should" or "must" are always mandatory;
the word "may" is permissive. The word "building" includes "structure"
and shall be construed as if followed by the phrase "or part thereof."
The word "person" includes "individual," "profit or nonprofit organization,"
"partnership," "company," "unincorporated association," "corporation,"
or other similar entitles. When terms, phrases or words are not defined,
they shall have their ordinarily accepted meanings or such as the
context may imply. Undefined terms used herein defined by Act 247
shall have the meanings set forth therein.
Unless otherwise expressly stated, the following words and phrases
shall, for the purpose of this chapter, have the meanings herein indicated:
See "flood, 100-year."
A cessation of a use for a continuous period of one year.
A cessation of a nonconforming use of land, premises, building
or structure, or any other part thereof, for a period of one year.
See "driveway."
A self-contained residential dwelling unit incidental and
subordinate to the primary dwelling unit in terms of size and function.
An accessory apartment may include kitchen and bath facilities. Use
of the accessory apartment is limited to occupancy by family members,
caregivers, and domestic or farm employees, and their dependent children.
A self-contained dwelling unit that results from the conversion
of an existing building, which is incidental and subordinate to the
principal dwelling that exists on the same lot. The term "accessory
existing detached dwelling" shall not include a mobile home as defined
in this chapter.
A solar energy system which supplies energy primarily for
the principal use located on the same property as the system. The
system design capacity shall be not greater than 125% normal peak
energy demand of the principal use.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[1]
A historic resource which undergoes a process of rehabilitation
thus making possible a compatible new use for the property through
repair, alteration, and additions, which retain the historic character
of the property by retention of distinctive materials, features, scale,
proportion, spaces and spatial relationships of the structure which
convey its historical, cultural, or architectural value.
A facility operated for profit or not-for-profit in which
adult daily living services are simultaneously provided for four or
more nonresident clients who are not relatives of the operator for
part of a twenty-four-hour day. Services provided to clients may include
nursing, personal care, nutrition, social services, activities, and
emergency care.
An enterprise operated for profit, whether direct or indirect,
that is distinguished or characterized by its emphasis on matters
or activities depicting, describing or relating to sexual activities
or sexual anatomical areas and, in conjunction therewith, may have
facilities for the presentation of sexual entertainment for observation
by patrons. This enterprise may include such activities as observation
by patrons; adult bookstores; adult motion-picture theaters; adult
mini-motion-picture theaters; premises with booths, cubicles, rooms,
studios and the like for patrons to individually view motion pictures
or live adult entertainers; and any premises used or represented as
an adult entertainment studio, music studio, exotic dance studio,
encounter studio, sensitivity studio, modeling studio or any other
term of like import.
Any accessory building used for an agricultural operation,
such as for storing agricultural equipment, farm produce or products,
housing livestock or poultry, or processing dairy products. The term
shall not include dwellings but shall include a barn and silo.
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. Agriculture or agricultural operation is
typically conducted on a farm. The storage or spreading of mushroom
compost is not agriculture or an agricultural operation except where
used as a component of a bona fide fertilizer that is spread on the
land in quantities appropriate for fertilizing the soil to grow crops
on the property and where utilized in accordance with a nutrient management
plan approved by the Chester County Conservation District.
Agricultural uses involving the processing or production
of agricultural products with a certain density which meet either
the Environmental Protection Agency's definition for Concentrated
Animal Feeding Operations (CAFOs) or the Commonwealth of Pennsylvania's
definition for Concentrated Animal Operations (CAOs) depending upon
which type of operation is in place; or a mushroom production facility,
composting facility, slaughterhouse, or commercial greenhouse production.
The cultivation of soil and the raising and harvesting of
products of the soil, including horticulture and forestry, but excluding
intensive agriculture.
Soils developing from transported and relatively recently
deposited material with little or no modification of the original
materials by soil-forming processes, as identified by the U.S. Natural
Resources Conservation Service (NRCS).
As applied to a building or structure, a change, rearrangement,
addition to or diminution of the structural parts of existing facilities
thereof.
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 broadcasting or communication
purposes. Such devices shall include ham and citizen band radio antennas
used by amateur radio operators.
A retail store selling articles of household furniture, furnishings,
artifacts and artwork that are distinguishable from other such articles
that might be sold at retail by being at least 50 years old. A minimum
of 75% of all articles for sale at any one time shall meet the foregoing
definition.
See "dwelling, multifamily."
A landowner or developer, as herein defined, who has filed
an application for development, including heirs, successors and assigns.
The visible, functional, or ornamental objects accessory
to and part of buildings or structures.
Regulations pertaining to lot area, lot width, lot coverage,
yard setbacks and height as determined by the provisions of this chapter.
An assisted-living residence as regulated and licensed by
the Commonwealth of Pennsylvania Department of Public Welfare which
is defined as follows: Any premises in which food, shelter, assisted
living services, assistance or supervision and supplemental health
services are provided for a period exceeding 24 hours for four or
more adults, who are not relatives of the operator who require assistance
or supervision in matters such as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an emergency,
or medication prescribed for self administration This use does not
include a premises that provides drug or alcohol rehabilitation or
medical or nursing care of current court adjudicated felons or misdemeanants.
This definition shall be at all times identical to the commonwealth
definition as it may be amended from time to time, without amendment
to this chapter. See also "personal care home."
Establishments engaged in furnishing automotive repair services
to the general public and which may include painting, body and fender
shops, and customizing and auto detailing.
The use of any building, land area, or other premises for
the display and sale, lease or rental of new or used automobiles,
panel trucks, vans, trailers, recreational vehicles, recreational
equipment, or automotive accessories, and including warranty repair
work or other repairs service conducted as an accessory use. This
shall not include the sale of junked vehicles or equipment or parts
thereof, and shall not include auto body repair/shop.
Any building wherein the primary occupation and use is concerned
with such regulated businesses as banking, savings and loan, loan
companies, mortgage companies, and investment companies.
The discharge that just fills the water channel to the top
of its banks and at a point where the water beings to overflow onto
a floodplain.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
See "flood, base."
See "flood elevation, base."
The primary classification of all land within Pennsbury Township,
in accordance with the Zoning Map of Pennsbury Township.
Any area of the building having its floor below ground level
on all sides.
A lodging house occupied by its owner/lessee which contains
rooms for the temporary lodging of guests for compensation. Guests
are provided such lodging services and accessory eating and drinking
facilities limited to breakfast and afternoon tea/snacks.
A structural or nonstructural device designed to temporarily
store or treat stormwater runoff in order to mitigate flooding and
pollution, and reduce soil loss and water quality degradation caused
by runoff containing nutrients, animal wastes, toxins, and sediments.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
A tract of land bounded by streets.
The Pennsbury Township Board of Supervisors, except in Article XXIV, where the term means the Pennsbury Township Zoning Hearing Board.
The land area designated as the Brandywine Battlefield National
Historic Landmark of 1961, as updated through the 1992 Brandywine
Battlefield: The National Historic Landmark Revisited.
A term usually applied to the intensity of sensation resulting
from viewing a surface, opaque or transmitting, from which light comes
to the eyes. Everything that is visible has some degree of brightness.
An area measured from a lot line which is landscaped and maintained in a natural state adjacent to a property boundary, not containing any structures except for those permitted in § 162-1908, and which is landscaped and maintained as required in § 138-522 of Chapter 138, Subdivision and Land Development.
A strip or area of land within the required buffer area which is landscaped with trees and shrubs and maintained as required by § 162-1908 of this chapter.
The buildable area is that area of a lot that has no development restrictions. The buildable area shall not include the area of any required setbacks (except driveways which cross yards), buffer yards, natural features with 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 162-1503, Natural resources protection.
A combination of materials to form a permanent structure
having a roof supported by walls, posts or other components. Included
shall be all manufactured homes and trailers to be used for human
habitation.
[Amended 3-19-2014 by Ord. No. 2014-3-19-1]
The statutes, ordinances, and regulations applicable to the
construction, alteration, repair, movement, equipment, removal, demolition,
location, maintenance, occupancy, or change of occupancy of every
building or structure in the Township as adopted and amended from
time to time by the Pennsylvania Department of Labor and Industry
known as the "Pennsylvania Uniform Construction Code."[2]
[Added 7-20-2022 by Ord.
No. 2022-07-20-1]
The percentage of the total area of all building footprints
to the total net buildable area of the lot on which they are located.
[Added 4-20-2016 by Ord.
No. 2016-04-20-1]
The sum of the horizontal area of a building at finished
grade measured from the outside surface of the building's exterior
walls, attached porches and decks.
[Added 4-20-2016 by Ord.
No. 2016-04-20-1]
The vertical distance measured from the elevation of the
average finished grade of the ground surrounding the building to the
highest point of the roof for flat roofs, to the deck lines of mansard
roofs, and to the mean height between eaves and ridge for pitched,
gabled, hipped, or gambrel roofs.
The officer or other designated authority charged with the
administration and enforcement of the Township Building Code.[3] In Pennsbury Township, the duties of Building Inspector
may be combined with the duties of Zoning Officer under the designation
of "Code Enforcement Officer."
[Amended 7-20-2022 by Ord. No. 2022-07-20-1]
A line established within a lot, measured from the street
right-of-way line and parallel thereto, defining the minimum distance
in which no building may be constructed. In the case of an interior
lot not fronting a street for its full width, the building setback
line shall be a line parallel to the property line nearest the street
right-of-way, defining the minimum distance in which no building may
be constructed.
A building in which is conducted the principal use of the
lot on which it is situated.
The diameter of a tree trunk measured at a point six inches
above ground level.
A facility exclusively designed for the cleaning of vehicles
by automated washers, self-wash bays, and/or service employees.
Unrelated individuals whose employment is required to assist
the owner or members of owner's immediate family in performing
most of the normal daily living activities such as hygienics, dressing,
eating, and walking, and who are professionally licensed by the Commonwealth
of Pennsylvania or employed by or operating under the supervision
of a professionally licensed individual or organization.
That portion of a street right-of-way, paved or unpaved,
customarily used by vehicles in the regular course of travel over
the street.
An establishment in which the principal use is the preparation
of food and meals on the premises where such food consumed on the
premises or is delivered to another location for consumption.
The portion of a building, which is partly or completely
below grade and having at least 1/2 its height below grade. A cellar
shall not be considered a story in determining the permissible number
of stories.
A place used or intended to be used for the interment of
the dead including a burial park for earth interments, a mausoleum
for vault or crypt interments, a columbarium for cinerary interments,
or a combination thereof. A cemetery may be provided as an adjunct
to a religious use, such as a church; however, cemeteries shall not
include the burial of remains on privately owned land where the primary
use of the land is not as a place of interment for use by the general
public or as an adjunct to a religious use.
A sanitary sewage collection and treatment system in which
sewage is carried from individual discharges by a system of pipes
to one or more common treatment and disposal facilities approved by
applicable agencies.
A system for supplying water from a common source or sources
to all dwellings and other buildings within a development. The water
supply source may be located on-site and/or off-site and may be publicly
or privately owned.
The Subdivision and Land Development Ordinance of Pennsbury
Township, Chester County, as adopted and amended.
A facility which is maintained in whole or in part for the
care of children (15 years or younger)[4] for compensation, who are not related to the caregiver
or operator, during any part of a day with or without stated educational
purposes and where the child care areas are not being used as a family
residence.
An area of unobstructed vision at street intersections defined
as lines of sight between points at a given distance from the intersection
of the street rights-of-way, cartways, or center lines.
The removal of all trees greater than 12 inches dbh on a
lot, or any portion thereof greater than 1/2 acre in contiguous area,
during a single timber harvesting operation or within a three-year
period.
Any organization established for social, fraternal, professional
or religious purposes and characterized by regular meetings based
on a constitution and/or bylaws and with or without payment of dues.
Such use may have buildings and facilities used for club or lodge
purposes when it serves as a meeting place and may be used for social
and/or dining purposes for the members and guests.
See definitions of "building official" and "zoning officer."
[Added 7-20-2022 by Ord.
No. 2022-07-20-1]
A use of land, or improvements thereto, for the purpose or
engaging in retail, wholesale, or service for profit.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development designed and intended for
the use or enjoyment of residents, which may be publicly or privately
maintained and excluding streets, off-street parking areas, areas
set aside for public facilities and private yards. It must be substantially
free of structures, but may contain such improvements as are in the
subdivision or development plan as finally approved and are appropriate
for residents' recreation.
The vertical distance measured from grade to the highest
point of the tower or antenna, whichever is higher. If the tower is
on a sloped grade, then the lowest grade shall be used in calculating
the height.
An antenna or dish structure that is licensed by the Federal
Communications Commission (FCC) for the specified purpose of television,
radio, or telephone commercial communication. Such structures or uses
shall include digital, cellular, television, radio, microwave, wireless
internet communication, or similar technology, but shall not include
satellite dish antennas or parabolic dishes designed for "receive
only" viewing of satellite programs for private residential use, or
radio and television antenna defined as freestanding or building-mounted
antennas located on residential property designed to enhance radio
or television reception for the residents of the property.
Any tower structure, whether freestanding or attached to
a building, designed to support one or more communication antenna(s)
or dish, intended for commercial transmission or reception of radio,
television, telephone, cellular or digital communications, excluding
from said definition, however, an amateur radio tower utilized in
connection with the operation of an amateur radio by an operator licensed
by the Federal Communications Commission.
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 Pennsbury Township, as adopted
and amended from time to time.
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain locations within
the district only when there is compliance with specific conditions
and factors prescribed for such cases within this chapter for such
uses. Conditional uses are allowed or denied by the Board of Supervisors
after a public hearing and review and comments from the Planning Commission.
A facility designed for conventions, meetings, and related
exhibits of business associations, civic groups, and similar organizations,
or for training employees of a corporation or other organization and
which may include meals and lodging to attendees of meetings, conferences,
or conventions.
Congregate care units are units which are reduced-size independent
living units connected to the assisted-living facility with the services
and facilities of the assisted-living facility available to the residents
of the congregate care units.
No-impact consulting is an in-home occupation that is done
entirely over the phone or via other electronic means within the home
and where there are no customer or client visits to the home.
A visually impenetrable screen when planted or constructed
created through the effective use of perennial plant materials, fencing,
walls and/or earth sculpting or berms. (See "screen.")
A resource in a historic district or historic property or
complex which supports or adds to the historic significance through
location, design, setting, materials, workmanship, feeling, and association.
A resource in a historic district or historic property or
complex which supports or adds to the historic significance through
location, design, setting, materials, workmanship, feeling, and association.
See "nursing home."
A retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods, such as salads, for off-site consumption.
These uses may also be accompanied by the dispensing and sale of motor
vehicle fuels, provided a gasoline station is permitted use in the
applicable zoning district and subject to compliance with the supplemental
use regulations for a gasoline station in this chapter.
An arrangement of residential lots that encompass the entire
development tract without retaining common open space. See Figure
2-1.
|
Figure 2-1: Development Options
|
An alteration of a building by change of an existing use
to a new use, which imposes other special provisions of law governing
adaptive reuse, rehabilitation and zoning.
The division of a single-family detached dwelling or other
building into two or more dwelling units. For example, the conversion
of a single-family home to two apartments or a barn into two apartments.
A local street intersecting another street at one end, and
terminating at the other end by a permanent vehicular turnaround.
Manufacturer's catalog sheets including photographs
or pictures showing product specifications.
The deterioration, dismantling or tearing down of all or
part of the exterior portion of a building or structure.
The deterioration, razing, destruction or removal, whether
deliberately or by neglect of any historical resource as identified
in the Pennsbury Township Historic Resources Map, National Register
forms, PA Historic Resource Survey Forms, or as determined by the
Pennsbury Historical Commission, in its entirety or in part, including
the removal of significant exterior architectural features.
The number of dwelling units per acre, calculated by dividing
the total number of dwelling units by the total acreage of the tract.
For example, the gross density of a ten-acre tract on which 20 dwelling
units are proposed is two dwelling units per acre. Unless otherwise
stated, maximum density shall be construed as gross density.
The number of dwelling units per acre, calculated by dividing
the total number of dwelling units by the number of acres developed
inclusive of yard areas and private parking spaces, but exclusive
of common open space, interior streets, rights-of-way and easements
outside of yard areas. The net density of a ten-acre tract in which
20 dwelling units are proposed and that contains five acres of open
space, rights-of-way, and streets is calculated by subtracting the
five acres from the total tract size and dividing the number of proposed
units by the remainder. In this example, the net density is four dwelling
units per acre.
Any final action of the Zoning Officer, Township Engineer,
Board of Supervisors, Planning Commission or other authorized Township
officer constituting a final approval with conditions or disapproval
of any application for a permit or decision relative to the provisions
of this chapter, as specified within.
A historic resource determined by the Pennsylvania Historical
and Museum Commission (PHMC) or U.S. Secretary of the Interior as
having the potential to meet the National Register criteria, but yet
not listed in the National Register of Historic Places.
Any landowner or agent of such landowner or tenant with the
permission from a landowner, who makes or causes to be made an application
for approval of a 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;
filing, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for development, including a plat 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, public facilities,
and other utilities.
The diameter of a tree trunk, measured at 4 1/2 feet
from the ground surface at the point of the highest elevation in contact
with the trunk of such tree.
|
Figure 2-2: Diameter at Breast Height
|
See "zoning district."
An employee of the owner of an accessory apartment or an
accessory detached dwelling such as a maid, gardener, farmhand, or
stableperson whose services are employed on the owner's premises
on a full-time basis and whose occupancy of the accessory apartment
or accessory detached dwelling is included as part of the employee's
remuneration. The term shall not include any employee or other person
paying rent for occupancy of an apartment or detached dwelling.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching
points.
A private vehicular and pedestrian access or right-of-way between a public or private street and a parking area within a lot or property. A driveway may be shared by not more than three lots, unless permitted under the terms of Chapter 138, Subdivision and Land Development. Any driveway serving more than three lots, unless otherwise permitted under the terms of Chapter 138, Subdivision and Land Development, shall be deemed a private street. [See also "access(way)."]
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, for occupancy by only one family
(including any domestic employees living or employed on the premises)
with no enclosed space (other than vestibules, entrance or other hallways
or porches) in common with any other dwelling unit. Dwelling units
may be classified, but not limited to the following:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open spaces on all sides.
TWO-FAMILYA building containing two dwelling units; a twin or duplex;
MULTIFAMILYA building containing three or more dwelling units; including but not limited to triplex, , townhouse (single-family, attached) and apartment buildings.
TRIPLEXA building containing three dwelling units, each unit of which as an open space on at least one side.
QUADRAPLEXA building containing four dwelling units, each unit of which has open space on two nonparallel sides.
TOWNHOUSEA building containing at least three but not more than six dwelling units, each of which is separated by party walls on opposite sides, and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open areas to the front and rear (internal units) or front, rear and one side (end units). Each unit can be referred to as a single-family attached unit, particularly when separately owned.
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways.
An interest in land owned by another that entitles the holder
of the easement to a specific use or enjoyment of the land.
A building used for the purpose of furnishing meals and beverages
to the public to be consumed within the building of the place of business,
in accordance with the design and intention of the facilities.
Land or buildings specifically designed, arranged and intended
for the primary purpose of education, including preschool, elementary
and secondary schools either public or private; colleges, universities,
and vocational schools; and including schools related to religious
organizations.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public provided that in residential districts
an electric substation shall not include rotating equipment, storage
of materials, trucks or repair facilities, housing of repair crews,
or office or place of business.
An addition to the floor area of an existing building, an
increase in the size of a structure, or an increase in that portion
of a lot occupied by an existing use.
Those areas of land the disturbance of which would contribute
to the degradation of environmental conditions or amenities. Environmentally
sensitive areas shall include, but are not limited to, watercourses,
floodplains, riparian buffers, steep slopes, wetlands, wetland margins,
lakes, ponds, woodlands, and hedgerows.
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.
An accessory use of a building or property, on a temporary
basis from time to time, for a special event.
[Added 11-20-2019 by Ord.
No. 2019-11-20-1]
One or more individuals living together in a dwelling unit as
a single, nonprofit housekeeping unit and doing their cooking on the
premises, when said individuals are related by blood, marriage, foster
relationship, or adoption;
No more than four unrelated individuals living together in a
dwelling unit as a single nonprofit housekeeping unit and doing their
cooking on the premises; or
A group of individuals with handicaps (as defined by applicable
law) living together as the functional equivalent of a family and
entitled to a reasonable accommodation to allow them equal opportunity
to use or occupy a dwelling under applicable law.
This definition does not include or apply to the residents or
employees of a club, fraternity house, lodge, lodging, boarding or
rooming house or other facility in which lodging is provided for compensation.
Land parcel where farming (agriculture - intensive or nonintensive)
is the principal use and an agricultural operation(s) is (are) performed.
Federal Emergency Management Agency.
A right-of-way for emergency vehicle access, within which
no standing, stopping, parking or parking spaces shall be permitted.
A temporary inundation of normally dry land areas.
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.[5]
The areas identified as Zones AE and A1-30 in the Flood Insurance
Study which are subject to inundation by the 1%-annual-chance flood
event determined by detailed methods and have base flood elevations
(BFEs) shown.
The basis for the outermost boundary shall be the 100-year flood
elevations as shown in the flood profiles contained in the Flood Insurance
Study.
An area in the floodplain subject to a 1% or greater chance
of flooding in any given year. It is shown on the Flood Insurance
Rate Map as Zone A, AO, A1-A30, AE, A99, or, AH.
The Official Map on which the Federal Emergency Management
Agency or Federal Insurance Administration 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 Insurance Administration
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 area surrounding a wetland, currently defined as 50 feet
from the outer edge of the wetland and is not necessarily the same
as a floodplain.
A flood that, on the average, is likely to occur once every
100 years; i.e., that has a 1% chance of occurring each year, although
the flood may occur more frequently.
A flood that has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year 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.
The areas within Zone A in the Flood Insurance Study for
which no 100-year elevations have been provided. When available, information
from other federal, state, and other acceptable sources shall be used
to determine the 100-year elevation, as well as a floodway area, if
possible. When no other information is available, the 100-year elevation
shall be determined by using a point on the boundary of the identified
floodplain area which is nearest the construction site in question.
Those areas of Pennsbury Township, Chester County subject
to the 100-year flood which is identified as Zone A (Area of Special
Flood Hazard) in the Flood Insurance Study (FIS) dated 9-29-2006 and
the accompanying maps or the most recent revision thereof as issued
by the Federal Emergency Management Agency, including all digital
data developed as part of the Flood Insurance Study. This includes
floodway areas, flood-fringe area, and the general floodplain area.
The failure of a structure or other development to be fully compliant with Article XVI of this chapter. 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.
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 areas identified as "floodway" in the AE Zone in the
Flood Insurance Study prepared by FEMA. The term shall also include
floodway areas which have been identified in other available studies
or sources of information for those floodplain areas where no floodway
has been identified in the Flood Insurance Study. This is 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.
The sum of the horizontal areas of all floors enclosed by
outside walls, fire walls, or party walls as measured to their outside
surface, but excluding crawl spaces, attics without floors, unroofed
areas, basements, cellars, or any interior space where the floor-to-ceiling
height is less than six feet. In the absence of walls, the sum of
the horizontal areas under roof.
The aggregate floor area, in square feet, of a building or
group of buildings on a lot divided by the area, in square feet, of
the lot.
The sum of the gross horizontal areas of all rooms used for
dwelling purposes, exclusive of basements not included in height calculations,
cellars, open porches, garages and accessory buildings.
A quantitative unit for measuring the intensity of light
falling on a surface equal to one lumen per square foot.
A riparian buffer that consists predominantly of native trees,
shrubs and/or herbaceous plants that provide a minimum of 60% uniform
canopy coverage.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development. Forestry shall
include timber harvesting operations, as defined in this article.
(See also "timber harvesting operation.")
A margin or factor of safety, expressed in feet above the
100-year flood elevation or flood hazard area.
The length of a front lot line.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or
above an angle of 10° below that horizontal plane, at all lateral
angles around the fixture.
An accessory building or part of a principal building designed
for the storage of motor vehicles.
An accessory use for the temporary display and sale of goods
and craft items on a residentially used property.
A structure, building or area of land or any portion thereof
that is used for the sale of gasoline, and/or other motor vehicle
fuel, which may or may not include facilities for lubricating, washing,
sale of accessories and otherwise servicing and minor repairing of
motor vehicles, but not principally the painting and/or body work
thereof or the sale of new or used automobiles. Any business or industry
dispensing gasoline for its own use and vehicles will not be deemed
to be a gasoline service station.
See "floodplain area, general."
The interference with proper vision, or eye discomfort which
comes directly from a light source or is reflected from a light source
or is reflected from a glossy surface.
A tract of ground laid out and designed in compliance with
minimum U.S.G.A. (United States Golf Association) regulations as an
outdoor course to accommodate either nine or 18 holes of golf. Included
are the customary buildings and services accessory to the primary
golf course use. Neither a commercial driving range, miniature golf
course, nor chip-and-putt golf facility shall be considered a golf
course by this definition.
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, federal, municipal, or governmental
agency or authority other than Pennsbury Township. (See also "municipal
use.")
A reference plane representing the average of finished ground
level adjoining a building at its exterior walls or other structure,
such as, but not limited to, a sign or swimming pool. Where the finished
ground level slopes away from the exterior walls of a building or
base of a structure, the reference plane shall be established by the
lowest points six feet from the building, or two feet from the base
of a structure, whichever is more restrictive.
A specialized form of commercial intensive agriculture focusing
on the propagation and cultivation of plants indoors generally in
a building with a roof and sides made largely of glass or other translucent
materials in which the temperature and humidity can be regulated.
Such use includes greenhouses that conduct wholesale sales but does
not include a noncommercial greenhouse maintained as part of a private
residence.
The supply of water contained in interconnected pores located
below the water table in an aquifer or geologic formation that forms
the natural reservoir for potable water. Groundwater sources include:
infiltration of precipitation, streams, lakes, or other water sources.
A licensed community-based living arrangement functioning
as a single household and providing habilitative services and which
provides residential services to persons who, due to age, disability
or handicap as defined by the Federal Fair Housing Act, as amended
(42 U.S.C. § 3601 et seq.), are not able to live without
professional care or supervision. Group homes do not include a disciplinary
facility confining adjudicated delinquents or convicted criminals,
parolees, or supervised probationers under the custody of the courts
or county, state, or federal correctional agencies. (See also "family.")
A hedgerow is a linear plant community dominated by trees
and/or shrubs. Hedgerows often occur along roads, fence lines, property
lines, or between fields, and may occur naturally or be specially
planted (e.g., as a windbreak). For the purposes of this chapter,
hedgerows are considered woodlands and regulated as such.
A "hospital helipad" is defined as a takeoff and landing
area on the ground of prescribed dimensions, surface construction,
and subject to other conditions. A hospital helipad is for the sole
use of the hospital on which the helipad is located and is for emergency
medical purposes. Facilities and accommodations for fueling, servicing,
maintaining, testing, parts storing and helicopter storing are strictly
forbidden.
A "private helipad" is defined as a takeoff and landing area
on the ground (only) of prescribed dimensions, surface construction,
and subject to other conditions. A private helipad is for the sole
personal (and not business) use of the property owner and his/her
family on which the helipad is located. Facilities and accommodations
for fueling, servicing, maintaining, testing, parts storing and helicopter
storing are strictly forbidden.
A "heliport" is defined as a commercial facility designed
for takeoffs and landings of commercially operated helicopters as
a commercial transportation business where a fare is charged for travel.
A heliport typically can include a full compliment of facilities for
passenger ticketing, baggage, waiting areas, and boarding areas; and
fueling, service, maintenance and storage for the helicopters. The
takeoff and landing pads are located on the ground. Heliports are
specifically prohibited in Pennsbury Township.
One of a system of multiple helipads owned by a business
and used for business purposes where helicopters make stops along
a prescribed route or series of stops owned by the business. A helistop
may have limited facilities for fueling, servicing, maintaining, testing,
parts storing and helicopter storing. The takeoff and landing pad
can be located on the ground or on top of a suitable and permitted
building. Helistops are specifically prohibited in Pennsbury Township.
Any building which historically was used for human or animal
occupancy that is representative and contributing to an understanding
of the broad patterns of local, state or national history and identified
as a historic resource on the Historic Resources Map adopted by the
Board of Supervisors of Pennsbury Township.
A geographically definable area which possesses a significant
concentration, linkage, or continuity of sites, buildings, structures,
or objects united by past events or aesthetically by plan or physical
development and may be National Register listed or eligible.
Within the meaning of this chapter, a historic building,
historic structure, historic object, or a historic site and their
context.
The Pennsbury Township Historic Resources Inventory of 2009.
The Pennsbury Township Historic Resources Inventory, which
supplements and provides supporting associated information for the
Historic Resources Map.
The map showing historic resources and their respective classifications more particularly described in § 162-1703 of this chapter.
A land area which is the site or location of a human event
or activity that has made a significant contribution to the broad
patterns of local, state, or national history (such as, by way of
example, a location of a gun emplacement or skirmish during the Battle
of Brandywine, the ruins of which would have been a historic structure
or historic object if it had not been damaged or destroyed) or which
serves as a monument or shrine of such an event or activity (such
as, by way of example, a cemetery or the ruins of a historic building)
and which is identified as a historic resource on the Historic Resources
Map adopted by the Board of Supervisors of Pennsbury Township.
A structure, or the ruin thereof, which historically was
not used for human or animal occupancy, or an object (such as hedgerows
or walls), which is representative and contributing to an understanding
of the broad patterns of local, state, or national history and has
been identified as a historic resource on the Historic Resources Map
adopted by the Board of Supervisors of Pennsbury Township.
Any single-family detached residence, other than the child's
own home, in which child day care is provided at any time for four
to six children who are not relatives of the caregiver and where the
child-care areas are being used as a family residence.
Any single-family detached residence, other than the child's
own home, in which child day care is provided at any time for more
than six but no more than 11 children, where the child-care areas
are being used as a family residence.
An activity conducted for profit by persons residing on the
premises, where such activity is clearly subordinate to the residential
use of the property. Home occupations are further classified as follows:
MINOR HOME OCCUPATION (NO-IMPACT HOME-BASED BUSINESS)A business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that does not involve 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. A minor home occupation is equivalent to the "no-impact home based business" defined in the Municipalities Planning Code.[6]
MAJOR HOME OCCUPATIONA major home occupation is a type of home occupation that requires additional review and regulation beyond that of a minor home occupation because of its potential impact on the area in which it is located. A major home occupation is further defined as a home occupation that does not meet one or more of the criteria of a minor home occupation as specified in § 162-2024 of this chapter.
An accredited medical facility within which the diagnosis,
treatment and care, both inpatient and outpatient, of human ailments
are performed. (See also "medical center.")
A building used for the purpose of providing temporary lodging
to the public for compensation, with or without meals, and having
lodging accommodations in which access to guest rooms is from an interior
lobby, corridor, or hallway accessed through a common entrance (hotel),
or access to guest rooms may be from the exterior through individual
exterior entrances by way of a common walkway or corridor (motel).
Domesticated animals normally considered to be kept in or
in conjunction with a dwelling unit for the pleasures of the resident
family, such as dogs, cats, small birds, gerbils and other similar
pets normally sold by retail pet stores.
Any soil inventoried or described as hydric or as a soil with
hydric inclusions for Chester County by the U.S. NRCS. In Pennsbury
Township, hydric soils shall include, but are not limited to:
Where site conditions indicate that the location of hydric soils
or the hydric inclusions differ from locations indicated by the U.S.
NRCS, the burden shall be upon the applicant to verify such location(s)
to the satisfaction of the Board of Supervisors; otherwise, the U.S.
NRCS information shall be presumed to be accurate. Where the applicant
seeks reclassification of hydric soils and their location, such reclassification
shall be undertaken by a certified soil scientist or other similarly
qualified professional.
See "floodplain area, identified."
Quantity of light, measured in footcandles.
The density of luminous flux on a surface.
Individuals who have one or more of the following relationships
to one another: spouse, parent, parent in-law, stepparent, grandparent,
grandparent in-law, step grandparent, son and son-in-law, daughter
and daughter-in-law, step child, grandchild, step grandchild, brother,
sister, brother-in-law, sister-in-law, nieces and nephews.
A riparian buffer that, as a result of land use or land development
activity, contains impervious cover or landscape use such that it
no longer meets the definition of "forested riparian buffer."
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
Those surfaces that do not readily absorb precipitation and
surface water. The term includes but is not limited to buildings,
parking areas, driveways, roads, sidewalks, swimming pools, and any
areas in concrete, asphalt, packed stone, or other equivalent surfaces,
including those with a coefficient of runoff of 0.7 or higher. Impervious
surfaces also include disturbed soils with a bulk density of 95% of
the value at which plant growth limitation is expected for average
plant material.
[Amended 8-17-2016 by Ord. No. 2016-08-17-1]
Materials and structures which are impenetrable or resistant
to penetration or absorption of water or other liquids, including
but not limited to buildings, structures, asphalt, concrete, pavers,
stone, parking lots, parking spaces and driveways. The Township Engineer
shall determine whether and the extent to which porous paving, grass
pavers and similar materials shall be considered impervious.
[Added 4-20-2016 by Ord.
No. 2016-04-20-1]
An electricity billing mechanism that credits solar energy
system owners for the electricity the system provides to the public
utility energy grid to which the system is connected. Individual net
metering credits are provided to a single electric meter located on
the property where the system is located, installed, and operated.
[Added 7-20-2022 by Ord.
No. 2022-07-20-1]
A grouping of two or more industrial or professional office
uses developed according to a master site plan that includes the common
use of streets and utilities.
A species that has become a weed pest, a plant which grows aggressively, spreads, and displaces other plants. A list of invasive plant species is included in Chapter 138, Subdivision and Land Development, Appendix A.
A line plotted on any appropriate set of coordinates which
shows all the points on a plan view where the illumination is the
same as an isolux (iso-footcandle) line. When a series of such lines
for various illumination levels are plotted on the same set of coordinates,
an isolux diagram is formed.
Any area or structure used for the collecting, storage and/or
sale of wastepaper, rags, scrap metal, or discarded material, or for
the collecting, dismantling, storage, or salvaging of machinery or
wrecked, disabled, or unregistered vehicles. The collecting, dismantling,
deposit, storage and/or salvaging of two or more vehicles which are
wrecked, disabled, currently unregistered or without a current inspection
sticker, shall constitute a junkyard. Toxic wastes, radioactive materials,
poisons, and other substances which are potentially harmful are excluded
from a junkyard or salvage yard use.
The use of land, building and/or structure for the purpose
of trading, breeding, selling, boarding, training or grooming customary
household pets for compensation, or the possession or maintenance
of six or more dogs and/or cats that are more than six months old
as household pets or for other purposes on a single lot or contiguous
lots under single ownership or lease.
A building or group of buildings within which the principal
uses are facilities for scientific research, investigation, testing
and experimentation, but not including the manufacture of products
for sale.
The landside edges of lakes and ponds from the established
shoreline to an upland boundary. For the purposes of this chapter,
the upland boundary shall be equivalent to that required for a wetland
margin.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or result from
excavation. Lakes are bodies of water two or more acres in extent.
Ponds are bodies of water less than two acres in extent.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Any activity, which exposes soils, alters topography and/or
alters vegetation, except for the removal of hazardous or invasive
plant species. Customary agricultural practices such as tilling, plowing,
mowing, and harvesting are excluded from the definition of land disturbance.
The legal or equitable 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 proprietary interest in the land.
That portion of a tract or lot in which plantings or other features have been installed in accordance with the provisions for landscaping in § 138-522 of Chapter 138, Subdivision and Land Development. The landscaped areas includes: the buffer planting strip; those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like; and plantings within a buffer area.
The planting of turf or other appropriate ground cover or
the planting of trees and shrubbery, including the maintenance thereof,
for control of erosion, retention of precipitation, protection against
the elements, buffering and screening, and promotion of human comfort
and welfare.
Animals of any size kept or raised for agricultural purposes,
including but not limited to: cattle, horses, sheep, hogs, goats,
poultry, fur-bearers, and fish.
A long-term care nursing facility as regulated and licensed
by the Commonwealth of Pennsylvania Department of Health, which is
defined as follows: a facility that provides either skilled or intermediate
nursing care or both levels of care to two or more patients, who are
unrelated to the licensee, for a period exceeding 24 hours. The term
"long-term care nursing facility/nursing home" shall not be construed
to include drug or alcohol rehabilitation for current or past court
adjudicated felons or misdemeanants. The term "convalescent home"
is included within this definition. This definition shall be at all
times identical to the commonwealth definition as it may be amended
from time to time, without amendment to this chapter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of land included within the legally described property
lines of a lot or tract, as shown on a deed, survey, plot, subdivision
or land development plan, excluding any portion of a lot or tract
included in street or railroad rights-of-way and easements for the
purposes of access, public or private utility, or stormwater management.
The area of land contained within the limits of the legally
described property lines bounding the lot or tract, as shown on a
deed, survey, plot, subdivision or land development plan.
The gross area of land contained within the limits of the legally described property lines bounding a lot or tract, excluding the following areas where existing at the time of any applicable application: street or railroad rights-of-way, common open space, easements for the purposes of access, public or private utility, or stormwater management, prohibitively steep slopes (greater than 25%), those areas identified as Area of Special Food Hazard (Zone A) in the Flood Insurance Study (FIS), streams, an area equal to 90% of any areas of alluvial soils and wetlands as defined by this chapter. Where this definition has been applied to minimum tract area for purposes of determining available density under conventional development under §§ 162-402A(2) and 162-403A(4) or the Open Space Design Option (ODSO) in accordance with Article XVIII, it shall not additionally be applied to minimum lot area for individual lots created within a conventional development or development in accordance with the OSDO.
A means of developing lots, some of which are larger and
some of which are smaller than is required for a conventional residential
development, where the average lot size equals or exceeds the minimum
lot size required within the district.
A property boundary line of any lot, except that in the case
of any lot abutting the street, the lot line for such portion of the
lot that abuts such street shall be deemed to be the same as the street
line, and shall not be the center line of the street or any other
line within the street lines, even though such may be the property
boundary line in a deed.
The lot line abutting a street and coinciding with the street
line, and in the case of a corner lot, both lot lines abutting the
streets shall be front lot lines.
A lot line opposite and most distant from and generally parallel
to 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 and at the maximum distance from the front lot line.
Any lot line not a front or rear lot line.
A lot existing on the date of enactment of this chapter.
The distance, in feet, between the two opposite side lot
lines at the building setback line, measured parallel to the street
line. Where the street line is curved or angled, the lot width shall
be measured as a straight line.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection on the side lot
lines within the street lines intersect at an interior angle of less
than 135°.
The percentage of the total area of all impervious surfaces
to the total net buildable area of the lot on which they are located.
[Amended 4-20-2016 by Ord. No. 2016-04-20-1]
Any lot which only has access to a street by a strip of land
at least 50 feet in width held in fee ownership by the owner of the
lot it serves and any lot existing as of the date of enactment of
this chapter that is accessed by a perpetual easement recorded in
the chain of title for the lot.
A lot extending between and having frontage on two generally
parallel streets with vehicular access only from the minor street.
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.
The principal use of land and structures involving the loading
and unloading, storage and sales of lumber and millwork materials.
A complete lighting unit, lighting unit assembly (including
reflectors, bulb, glassware, socket, etc.), and accessories for mounting.
Used synonymously with "fixture."
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed or used 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.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, creation of products, and blending of materials,
such as, but not limited to, lubricating oils, plastics, resins, or
liquid.
A permanent roof-like structure, supported by a wall of a
building generally above an entrance but having no relationship to
the roof structure in the case of a marquee, or supported by freestanding
pylon as in the case of an outdoor service or retail area, generally
designed and constructed for protection against the weather in the
case of a canopy.
A structure, building or area of land or any portion thereof
that is used principally for mechanical repairs or fabrication. Such
use may include auto body repair shops.
A building and lot or individual office within a building
used for the practice of medical and dental arts or similar examination,
treatment, and rehabilitation of persons as outpatients by licensed
physicians or licensed medical specialists practicing medicine individually
or as a group during normal office hours. Centers providing twenty-four-hour
emergency service or overnight lodging of patients shall not be considered
a medical center but shall be defined as a hospital. (See also "hospital.")
A parabolic ground-based reflector, not exceeding three feet
in diameter together with its pedestal and any other attachments and
parts thereof, commonly referred to as "dish-shaped antenna," used
or intended to receive microwaves, radio-waves, or electromagnetic
waves from an overhead satellite. This definition shall not include
a transmitting device. Microwave dish antennas attached to residential
buildings are prohibited; provided, however, a maximum of one dish
antenna not exceeding 18 inches in diameter may be attached to the
rear wall of any residential building.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, water, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
The net lot area of a lot or net tract area of a lot as defined
above.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangements of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
An action undertaken to accomplish one or more of the following:
Avoid and minimize impacts by limiting the degree or magnitude
of the action and its implementation.
Rectify the impact by repairing, rehabilitating, or restoring
the impacted environment.
Reduce or eliminate the impact over time by preservation and
maintenance operations during the life of the action.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be jointed into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile or manufactured home park, improved
with the necessary utility connections and other appurtenances necessary
for the location thereon of a single mobile home which is leased or
sold by the park owner to the owner or occupants of the mobile home
located on the lot.
A parcel or contiguous parcels of land under single ownership,
which has been planned and improved for the placement of two or more
mobile or manufactured homes for nontransient use.
A vehicle which is:
Any building, structure, facility, complex, area or use,
specifically provided, constructed, or maintained by the municipal
government of Pennsbury Township or a municipal authority organized
by Pennsbury Township. (See also "government use.")
See Act 247.[10]
An institution devoted to the procurement, care, study, display
and exhibition of objects of lasting interest or value.
A list maintained by the Secretary of the Interior composed
of buildings, sites, structures, objects, and districts of national,
state, or local significance in American history, architecture, archaeology,
engineering, and culture.
A species of plant that currently or previously inhabited
or grew in a specified location, and which was not introduced to that
location as a result of human activity, either intentional or accidental.
In general terms, it is the variety of plants and animals
in a given habitat, or the variety of features found in a given population
of one type of plant or animal. More technically, it is the variety
of species, the genetic variation within them, and the spectrum of
ecological communities in which they occur. It is the sum total of
compositional, structural and functional diversity of genes, species,
and ecological communities. It can be described on a continuum of
spatial and temporal scales; from local to global; from days to millennia.
For the purposes of this chapter, these include floodplains,
moderately and prohibitively steep slopes, woodlands, hedgerows, specimen
vegetation, watercourses, riparian buffers, wetlands, wetland margins,
and carbonate geologic formations.
That portion of any area, measured in acres, meeting the
definition of "lot or tract area, net."
See "lot area, net."
See "lot area, net."
Structures for which the start of construction commenced
on or after September 20, 2017, including any subsequent improvements,
modifications and additions to such structures. Any construction started
after June 28, 1976, and before September 20, 2017, is subject to
the Zoning Ordinance in effect at the time the building, zoning or
other applicable permit was issued, provided the start of construction
was within 180 days of permit issuance.
[Amended 1-2-2018 by Ord.
No. 2018-01-02]
See "home occupation - minor home occupation."
A building or structure or part thereof not conforming to
the area and bulk regulations of the applicable zoning district, at
the time of enactment of this chapter or as a result of subsequent
amendments thereto where such structure or building was conforming
to the area and bulk regulations in existence prior to the enactment
of such chapter or amendment or as a result of a decision or order
by the Zoning Hearing Board.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A sign which does not conform to the zoning requirements
at the time of enactment of this chapter or as a result of subsequent
amendments thereto where such sign was lawfully in existence prior
to the enactment of such ordinance or amendment or as a result of
a decision or order by the Zoning Hearing Board.
A use, whether of land, premise, building, or structure,
which does not comply with the applicable use provision at the time
of enactment of this chapter or as a result of subsequent amendments
thereto where such use was lawfully in existence prior to the enactment
of such chapter or amendment or as a result of a decision or order
by the Zoning Hearing Board.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
For water bodies which have no structural measures to regulate
the height of water, the height of water at ordinary stages of low
water unaffected by drought.
For structurally regulated water bodies, the elevation of the
spillway, outlet control, or dam crest which maintains the water body
at a specified height.
The term does not apply to wetlands.
See "long-term care facility."
An area undergoing natural succession characterized by the
presence of herbs, shrubs, and small trees (seedlings) whose branches
do not form a complete or nearly complete aerial canopy.
The treatment and disposal of sewage by use of septic tanks
or other approved means within the confines of the lot on which the
use that the sewer serves is located.
The supply of potable water by means of a well located on
the lot the well serves.
See "common open space."
An arrangement of residential lots that allows for grouping
the structures by reducing lot area and yard requirements and incorporating
the remaining area as open space on the development tract. See Figure
2-1 above.
An outdoor patio area of an associated eating or drinking
establishment, used for the express purpose of furnishing food and
beverages to the public to be consumed on the premises, and directly
abutting and on the same lot as the principal building, in which the
associated eating or drinking establishment is located.
A person who owns an interest in a property, whether as a
joint tenant, tenant in common, copartner, or shareholder.
A dwelling which is the principal place of residence and
legal domicile of an individual who owns the lot on which the residence
is erected or who owns a minimum 25% interest in the lot, whether
as joint tenant, tenant in common, copartner or shareholder, on which
the dwelling is erected.
See "lot."
An off-street area for parking motor vehicles, usually uncovered,
to which there is access by vehicles from a street, road or driveway.
An outdoor or garage space used for parking motor vehicles,
the usable area of which is not less than 162 square feet (nine feet
by 18 feet) to which there is access from a street, road, alley or
driveway.
A common shared wall between two separate structures, buildings,
or dwelling units.
An open paved area usually attached to, or part of, and directly
accessible to or from a building.
Areas, excluding buildings, surfaced with concrete, paving
brick, bituminous, or other such material, to create a dustless, all-weather
surface.
See Act 247.[11]
An area of land within a tract or parcel of land which is the subject of a subdivision or land development plan which is the subject of a perpetual, legally binding covenant in favor or the Township (or, if the Board of Supervisors consents, a conservation organization under the U.S. Internal Revenue Code), running with the land and prohibiting the construction of structures for residential, office, commercial, industrial or other use (except for agricultural, recreational or municipal use when permitted as a conditional use under Article XVIII of this chapter[12]) and which vests in the Township or other approved entity
the right to enforce the use, maintenance and management restrictions
and obligations upon such land. Whether or not an area of land meets
the requirements of permanently protected open space shall be determined
by the Board of Supervisors in consultation with the Township Solicitor
after examination of the title to the property and any documentation
submitted by the landowner.
A document issued and signed by the Building Official authorizing
the erection, alteration, or enlargement of a building or structure
in accordance with the Township Building Code.[13]
A document issued and signed by the Building Official or
the Zoning Officer authorizing the occupancy of land and/or a structure
in accordance with the Township Building Code or this chapter.
A document issued and signed by the Zoning Officer authorizing
a proposed use (zoning permit) or erection, alteration or enlargement
of a sign (sign permit). The statement should indicate that the proposed
use complies with this chapter or with a decision and order of the
Zoning Hearing Board or a court of competent jurisdiction rendered
in connection with an application relative to use of the premises
involved.
An individual, partnership, public or private association
or 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 personal care home as regulated and licensed by the Commonwealth
of Pennsylvania Department of Public Welfare which is defined as follows:
A premises in which food, shelter and personal assistance are provided
for a period exceeding 24 hours for four or more adults who are not
relatives of the operator, who do not require the services in or of
licensed long-term care facility, but who do require assistance or
supervision in activities of daily living or instrumental activities
of daily living. This use does not include a premises that provides
drug or alcohol rehabilitation or medical or nursing care of current
court adjudicated felons or misdemeanants. This definition shall be
at all times identical to the commonwealth definition, as it may be
amended from time to time, without amendment to this chapter. See
also "assisted living facility."
A building or portion thereof in which the services of a
person permitted to practice a specific occupation profession are
offered to the general public. Examples of such uses include agents,
barbers, beauticians, dry cleaners, shoe repair, photographers, tailors,
travel agencies, or photocopy/duplicating shops. (See also "professional
office.")
A building utilized for public worship. The term shall include
church, temple, synagogue, mosque, rectory of parish house, and other
similar places of worship.
For the purpose of this chapter, the Planning Commission
of Pennsbury Township.
Pennsylvania Natural Diversity Inventory.
A roofed open area, which may be screened, usually attached
to, or part of, and directly accessible to or from a building.
When used in connection with natural and/or historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources. When used in connection with historic resources
is the act or process of applying measures necessary to sustain the
existing form, integrity, and materials of a historic resource.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the U.S. NRCS.
Those soils possessing the greatest production capability
for crops. Class I, Class II, and Class III soils, as defined by the
U.S. NRCS, are prime agricultural soils.
A solar energy system that is the principal use of the lot
on which the system is located and is not an accessory solar energy
system as defined herein.
[Amended 7-20-2022 by Ord. No. 2022-07-20-1]
The single dominant use or single main use on a lot. A lot
may have only one principal use.
A building or portion thereof wherein services are performed
involving predominantly administrative, professional, or clerical
operations.
A formal meeting held pursuant to public notice by the Pennsbury
Township Board of Supervisors or Planning Commission, intended to
inform and obtain public comment, prior to taking action in accordance
with the Pennsylvania Municipalities Planning Code[14] or this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A central sewage treatment system, either publicly or privately
owned and operated.
An enclosed facility designed to provide limited utility
services to the local community or part thereof, and operated by a
local municipality, a municipal authority organized by such municipality,
a public corporation or association, or an entity subject to the jurisdiction
of the PA Public Utility Commission. This definition includes electrical
substations and transformers serving a single development or a limited
area of the Township, water and sewage pumping stations, community
on-site sewage systems commonly referred to as a COLDS (Community
On-Lot Disposal System), and communications systems, but excluding
cellular communications towers and facilities.
A central water supply system, either publicly or privately
owned and operated.
See "dwelling, multifamily."
ACTIVE RECREATIONThose recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts, ball fields, swimming pools, and biking and equestrian trails.
INDOOR RECREATIONThe 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.
OUTDOOR RECREATIONA recreational use and associated facilities designed and equipped for the conduct of outdoor sports and leisure-time activities, including swimming, tennis and other court games, baseball and other field sports, playground and other similar activities where such activities primarily take place outdoors, but excluding activities which generate noise objectionable to a residential environment.
PASSIVE RECREATIONRecreational pursuits which can be carried out with little alteration or disruption of the area in which they are performed. Such uses include, but are not limited to, hiking, environmental education activity, and picnicking.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A facility for the dropoff and temporary holding of materials
such as paper, cardboard, glass, metal, and plastics that are no longer
usable for their original purpose. The materials are then transported
off the premises for processing or to be manufactured into a new product.
Processing of materials on-site at a collection center is limited
to separation by type of material into storage containers in preparation
for shipping.
A facility where recyclable materials, such as paper, cardboard,
glass, metal, and plastics, are processed, treated, or remanufactured
in order to return such products to a usable condition. Processing
of materials may also include baling, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, and cleaning in order to
prepare the materials for remanufacturing on-site or for shipment
to meet an end user's specifications.
A surface or element of a luminaire designed to direct light
in a desired direction.
See "flood elevation, regulatory."
The process of returning a historic resource to a state of
utility through repair or alteration, which makes possible an efficient
contemporary use while preserving those portions and features of the
resource which are significant to its historical, architectural and
cultural values, and where there is limited and sensitive upgrading
of mechanical, electrical, and plumbing systems and other code-related
work to make properties functional.
The act or process of making possible an efficient functional
use for a structure through repair, alterations and additions.
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.
The division of a single-family detached dwelling or barn
into two or more dwelling units. For example, the conversion of a
single-family home to two apartments or a barn into two apartments.
A use of land, or improvements thereto, for a home, abode,
or place where an individual resides at a specific point in time.
The active process of accurately depicting the form, features
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period, and where there is limited and sensitive upgrading of mechanical,
electrical, and plumbing systems and other code-related work to make
properties functional.
A commercial activity comprising the sale of plants and landscaping
materials in small quantities directly to the consumers; specifically
excludes wholesale sales or commercial greenhouse production.
A commercial activity comprising principally of the sale
of commodities in small quantities directly to the consumers.
A development of individual or multiple dwellings units which
may include a community center and is designed for individuals and/or
couples 55 years of age or older who do not have resident dependent
children. The residents thereof need not be actually retired from
their occupation or employment.
A use in which horses, ponies, or mules are kept for hire
or sale; or where three or more stalls in a single building are rented
for compensation to people not residing on the property. A riding
stable may include riding lessons provided to private clients but
private or public horse shows and equestrian events shall not be permitted.
The total area of any land reserved or dedicated as a street,
alley, or crosswalk or for any other public or private purposes involving
passage of vehicles, persons, or animals.
Belonging or related to the bank of a water body, river,
stream, wetland, lake, pond, or impoundment.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
An area of trees and other vegetation adjacent to a watercourse
that forms a transition area between the aquatic and terrestrial environment.
[Amended 8-17-2016 by Ord. No. 2016-08-17-1]
A physiographic area composed of land, water, biotic, and
cultural elements which may be viewed and mapped from one or more
viewpoints and which has inherent scenic qualities and/or aesthetic
values.
A visual barrier shielding or obscuring one abutting or nearby
structure or use (e.g., dumpster, trash storage area, junkyard) from
another by the use of fencing, walls, berms, densely planted vegetation,
or a combination thereof. In any case, the material or combination
of materials chosen to be used in the screen as a general guideline
shall have a 100% obstruction or screen, as determined by the Township
Engineer or Township Landscape Architect.
An accessory use undertaken by the owner or operator of an
agricultural operation to provide a secondary source of income, including
but not limited to veterinary clinic, creation and sales of crafts,
and household articles, blacksmith shop, processing of locally produced
agricultural products, or similar uses.
Standards promulgated by the Secretary of the Interior to
guide and evaluate appropriate rehabilitation and preservation of
historic buildings.
The felling of certain, but not all trees, in an area for
the purpose of removing dead, diseased, damaged, mature, or marketable
timber or for improving the quality of a tree stand.
Storage units provided for lease to the public for the purpose
of indoor storage of personal property generally found in residential
uses.
See "building setback line" and "yard."
A use containing three or more retail uses located in one
building or on a single lot and pre-planned and designed as a complex
of related structures and circulation patterns.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic.
OBJECT SIGHT DISTANCEShall be measured from a point 4.5 feet above the center line of the road surface to a point 0.5 foot above the center line of the road surface.
VEHICLE SIGHT DISTANCEShall be measured from a point 4.5 feet above the center line of the road surface to another point 4.5 feet above the center line of the road surface.
Any structure or part thereof or any device attached to a
building or vehicle or painted or represented thereon which shall
display or include any letter, word, model, banner, pennant, insignia,
device, trade flag, symbol or representation which is in the nature
of, or which is used as, an announcement, direction, visual communication,
or advertisement for commercial purposes or otherwise. A sign includes
but is not limited to a billboard, neon tube, string of lights or
similar device outlining or hung upon any part of a building, vehicle
or lot, but does not include the flag or insignia of any nation, group
of nations, or governmental agency.
The entire area within a single continuous perimeter enclosing
the extreme limits of a sign, together with all moldings, battens,
cappings, nailing strips, latticing and platforms which are attached
and are part of the sign proper and/or forming an integral part of
the display (see Figure 2-3). Signs which are composed of letters,
words or representations only and which do not form a square or rectangular
pattern shall be considered to include in the sign area a square or
rectangular as drawn at the outer limits of the letters, words or
representations. In computing the area of a double-face sign, only
one side shall be considered provided that both faces are identical.
|
Figure 2-3: Sign Area or Size
|
The distance from the existing ground elevation at the base
of, or immediately below the sign, to the highest point of the sign
structure.
(See Figure 2-4.)
ABANDONED SIGNA sign erected on, or related to, the use of a property that becomes vacant and unoccupied for a period of 30 days or more, or any sign that relates to a time, event, or purpose that is past.
ACCESSORY USE SIGNSSigns which identify or advertise accessory uses as defined by this chapter such as, but not limited to, home occupations.
ARTISAN SIGNTemporary advertising signs of workmen performing services at or providing alterations to a building or premises.
BANNER SIGNA temporary sign hung across private property, possessing characters or letters applied to a flexible, durable, and water-resistant material such as plastic or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any business or institution, shall not be considered banners for the purposes of this chapter.
BUILDING-MOUNTED SIGNIncludes the following sign types: projecting, wall, canopy, marquee, or awning.
BULLETIN BOARDA sign of permanent character, but with movable letters, words or numerals not controlled electronically, indicating such items as the names of persons associated with or dates of events conducted upon or products or services offered upon the premises where such a sign is maintained.
BUSINESS SIGNA 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 affixed to vehicles denoting a business-related activity.
CANOPY, MARQUEE, or AWNING SIGNAny sign that is part of or attached to an awning, canopy, marquee, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service or retail area. An awning, marquee, or canopy without lettering shall not be considered a sign.
DIGITAL SIGNAn advertising sign that utilizes digital or video light-emitting diodes (LEDs) or similar electronic methods to create a changeable image display area.
DIRECTIONAL SIGN, ON-SITEA sign conveying instructions with respect to the premises on which it is maintained such as the entrance and exit of a parking area, a warning sign, a danger sign and similar information signs.
DOUBLE-FACED SIGNA sign that displays a message, information, or advertising on both faces (sides) of the sign.
ELECTRONICALLY CHANGING MESSAGE SIGNA freestanding or ground sign or portion thereof designed to accommodate frequent message changes composed of characters or letters that can be changed or rearranged electronically without altering the face or surface of such sign.
FLASHING SIGNAny illuminated sign for which the artificial light is not maintained stationary and/or constant in intensity of color at all times when such sign is in use, including but not limited to, moving, rotating, flashing, oscillating, twinkling, shuttered or other similar sign.
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.
GROUND SIGNA sign, other than a freestanding sign, placed directly on the ground or which emerges directly from the ground where the bottom edge is no more than two feet from the proposed finished grade on which it is placed and which may use supports or pylons, independent from any building or structure.
IDENTIFICATION SIGNA sign, other than a bulletin board or name plate sign, indicating the name of a permitted use, the name or address of a building, or the name of the management thereof.
ILLUMINATED SIGNA sign which has characters, letters, figures, designs or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign.
LAND DEVELOPMENT SIGNA sign indicating that the premises is in the process of being subdivided and/or developed for the construction of dwellings or other buildings.
NAMEPLATE SIGNA sign which designates the name and/or address of an occupant or group of occupants.
OFFICIAL TRAFFIC SIGNSigns erected by the Commonwealth of Pennsylvania Department of Transportation or the Township of Pennsbury which are designed to regulate traffic, describe road conditions, supply directions, or provide information.
OFF-PREMISES SIGNA sign which contains a commercial message and which directs attention to a business, real estate development, property, commodity, service or entertainment venue conducted, sold or offered at a location other than the premises on which the sign is located.
OFF-SITE BILLBOARDA sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered upon the premises where such sign is located.
POLITICAL SIGNA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
PORTABLE SIGNA type of temporary sign, that is self-supporting without being firmly embedded in the ground, designed to be movable, and fixed on a movable stand, mounted on wheels or movable vehicles, or made easily movable in some other manner. "Portable sign" shall also include searchlights and hot air or gas filled balloons.
PROJECTING SIGNA sign attached to a wall or other vertical building surface and which extends more than six inches beyond the surface of such wall or building.
REAL ESTATE SIGNA sign indicating the sale, rental or lease of the premises on which the sign is located.
ROOF SIGNA building mounted sign erected upon the roof of the building.
TEMPORARY SIGNA sign intended for short-term use and not permanently mounted, notifying of or advertising a special event, such as festivals, concerts or exhibits, being displayed for not more than 45 days in duration.
WALL SIGNSAny sign erected against the wall of any building, or displayed on windows or doors, or displayed with the exposed face thereof in a plane parallel to the face of said wall, window or door.
|
Figure 2-4: Sign Types
|
The ownership of a lot by one or more persons, partnerships,
or corporations, in which ownership is separate and distinct from
that of any abutting or adjoining lot.
The ratio of the change in elevation over the horizontal
distance as measured between consecutive contour lines, expressed
as a percent.
Energy which has been converted, through the use of a solar
energy system, from sunlight into usable electricity or to heat, air,
water, or other fluids for use in hot water or space heating, or other
applications.
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user, or which
is to be sold to a utility company to be used by others, or sold directly
to other users. Particular types of solar energy systems include,
but are not limited to:
PHOTOVOLTAIC (PV) COLLECTORSConvert solar energy into electricity.
SOLAR THERMAL COLLECTORSDesigned to use solar energy to heat air, water, or other fluids for use in hot water or space heating, or other applications.
Mechanical, electrical, and other equipment and devices associated
with and necessary for the use and operation of a solar energy system.
[Added 7-20-2022 by Ord.
No. 2022-07-20-1]
A temporary, preplanned assemblage; wedding reception; social
party; business, social or philanthropic meeting; seminar; rally;
gathering; athletic event; arts and craft show; agricultural exhibition
or farm tour; or other assembly of persons, with or without an admission
fee; and that may or may not provide meals for attendees prepared
on or off the premises.
[Added 11-20-2019 by Ord.
No. 2019-11-20-1]
A use which is not permitted by right, but which is permitted
with or without the imposition of conditions or restrictions under
applicable standards by the Zoning Hearing Board after public hearing.
See "flood hazard areas, special."
Any tree meeting the definition of specimen vegetation.
Any tree or other vegetation determined to be of specimen
quality as determined by a registered landscape architect, registered
arborist, or horticulturist or which generally falls within the parameters
of Table 2-5. The examples of specimen trees included in Table 2-5
are intended to provide general guidelines and examples of what constitutes
a specimen tree and are not considered all inclusive for the purpose
of defining a specimen tree.
|
Table 2-5: Examples of Potential Specimen Trees
| |||||
|---|---|---|---|---|---|
|
Species
|
Min. Size (dbh)
(inches)
|
Species
|
Min. Size (dbh)
(inches)
|
Species
|
Min. Size (dbh)
(inches)
|
|
Apple
|
24
|
Locust
|
30
|
Spruce
|
30
|
|
Ash
|
32
|
Maple
|
32
|
Sycamore
|
36
|
|
Beech
|
32
|
Oak
|
32
|
Tulip poplar
|
36
|
|
Cherry
|
24
|
Osage orange
|
20
|
Walnut
|
30
|
|
Elm
|
30
|
Pine
|
30
|
Hickory
|
32
|
|
Hemlock
|
30
|
Sassafras
|
20
| ||
|
Source: Brandywine Conservancy, Environmental Management Center
|
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 from the date
of the permit. 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 manufacture 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/or 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.
Those areas of land, whether natural or man-made, which are
characterized by a change in elevation of 15 feet or more within a
100-foot horizontal distance. For the purpose of this chapter, steep
slopes are divided into two categories:
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 25%.
PROHIBITIVELY STEEP SLOPESThose areas of land where the grade is greater than 25%.
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:
Storage in an area unprotected from the elements.
That part of any building, exclusive of cellars, comprised
between the level of one finished floor and the level of the next-higher
finished floor.
Any watercourse.
The edge or side limit line of the legal right-of-way of
a road or street.
A pubic (dedicated) or private (undedicated) right-of-way
intended for use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. The word "street" includes
road, roadway, thoroughfare, avenue, boulevard, court, drive, expressway,
highway, lane, alley, service street, and similar terms.
ARTERIAL (MAJOR)A street serving a heavy volume of comparatively high-speed and long-distance traffic generally ranging between 10,000 and 60,000 trips per day, and usually consisting of more than two lanes and linking urban centers.
ARTERIAL (MINOR)A street serving a heavy volume of comparatively high-speed traffic, but their focus is more regional than the major arterials and provides for traffic ranging from 8,000 to 20,000 trips per day with more access than major arterials.
COLLECTOR (MAJOR)A street, which accommodates traffic averaging 4,000 to 10,000 trips per day, designed and located to provide means to collect traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to arterial streets and/or a street used for access to nonresidential properties.
COLLECTOR (MINOR)A street, which accommodates traffic averaging 1,000 to 5,000 trips per day, designed to connect neighborhoods and be primarily used for intramunicipal use.
LOCALA street, which accommodates less than 1,500 trips per day, intended to serve and provide access to the properties abutting thereon, intended for short distance travel and not to encourage through traffic.
STREET, MARGINAL-ACCESSA local street parallel and adjacent to an arterial street (but separated from it by a reserve strip) that provides access to abutting properties.
STREET, PRIVATEA local street serving four or more lots that is not offered or required to be offered for dedication.
STREET, SINGLE-ACCESSA local street or streets, including but not limited to cul-de-sac and loop designs, which has only one point of intersection with an existing Township or state road or with a proposed road having more than one access point.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, joists or rafters,
or enclosure walls.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to buildings, sheds, manufactured
homes, in-ground swimming pools, aboveground swimming pools and other
similar items. This term includes any man-made object having an ascertainable
stationary location on or in land or water whether or not affixed
to land.
[Amended 3-19-2014 by Ord. No. 2014-3-19-1]
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling shall be exempted. (See also "land development.")
MAJORAny subdivision or land into four or more lots and/or requiring the installation of public improvements.
MINORA subdivision in which:
No street is to be constructed or widened;
No other improvements that require a bond or escrow as a performance
guaranty is to be constructed;
No earthmoving activities will take place except those normal
to construction of a single-family dwelling on each lot; and
No more than three lots are created.
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.
This term includes structures which have incurred substantial damage
(or repetitive loss) regardless of the actual repair work performed.
The term does not, however, include either:
Any project of 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 resource, provided that the alteration
will not preclude the structure's continued designation as a
"historic resource."
A reasonably permanent pool or open tank, whether in ground
or above ground, not located within a completely enclosed building,
and capable of containing water for swimming, bathing, or wading at
least 1 1/2 feet in depth. Farm ponds and stormwater retention
basins are not included within this definition.
[Amended 3-19-2014 by Ord. No. 2014-3-19-1]
Additions to historic resources which follow or complement
the architectural style or scale and the original structure and which
follow the Secretary of the Interior's Standards for Rehabilitation.
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.
An activity or use, permitted under § 162-2040, which is intended to exist or operate for a limited duration of time.
The disturbance for commercial purposes, and in compliance
with an approved timber harvesting plan, of more than 1/2 acre of
woodland on any lot, whether during a single timber harvesting operation
or cumulatively in successive operations within a three-year period.
The removal of dead or diseased trees or nonnative invasive species,
the cutting of trees for personal firewood use or as a part of a Christmas
tree farming operation, or the clearing of an area in accordance with
an approved subdivision or land development plan or building permit
shall not be considered a timber harvesting operation. Timber harvesting
operation is a practice which falls within the definition of forestry.
(See also "forestry.")
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land. Such plan shall
have been prepared by a certified[15] forester with demonstrable expertise and experience (i.e., a degree in forestry, natural resource management, environmental sciences, or a related discipline) in forest management and shall be in accordance with the requirements of § 162-1503 of this chapter.
The elevation at which rising waters begin to inundate the
floodplain. In case of ambiguous, indefinite, or nonexistent floodplain
or question regarding the location, the top of bank shall be the bankfull
water elevation as delineated by a person trained in fluvial geomorphology
and utilizing the most recent edition of Applied River Morphology
by Dave Rosgen, or comparable reference book. "Top of bank" shall
be synonymous with "edge of water."
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
Natural and friable loam containing sufficient nitrogen and
phosphorus to support plant growth and extending in depth to the extent
of penetration of feeder roots of the prevailing native grasses.
See "dwelling, multifamily."
Pennsbury Township, Chester County, Pennsylvania.
One or more contiguous lots assembled for development purposes.
See "lot area, net."
A facility where municipal solid waste is delivered for the
purpose of consolidating the material into larger vehicles for transport
to a final disposal site or processing facility.
Living arrangements for up to five unrelated individuals
who are not protected handicapped or disabled individuals under the
Fair Housing Act or other applicable law. Transitional housing may
include a licensed community-based facility which provides lodging,
habilitative services, or meals to clients where supervision is provide
seven days a week, 24 hours a day, or is staffed continuously by the
provider whenever the structure is occupied.
A building or part thereof used exclusively for human burial
services. Such building may contain space and facilities for: embalming
and the performance of other services used in the preparation of the
dead for burial; the performances of autopsies and other surgical
procedures; the storage of caskets, funeral urns, and other related
funeral supplies; and the storage of funeral vehicles, but shall not
include facilities for cremation.
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 within the commonwealth. For coordination purposes,
references to the above are made specifically to various sections
of the IRC and the IBC.
Any purpose for which a building or other structure or lot
or tract of land may be designed, arranged, intended, maintained or
occupied, or any activity or occupation carried on, or intended to
be carried on, in a building or other structure or on a lot or 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 waiver from the strict terms of this chapter, by order
of the Zoning Hearing Board, after public hearing, when authorized
by law.
A facility maintained by or for the use of a licensed veterinarian
in the diagnosis, treatment, or prevention of animal diseases wherein
the animals are limited to household or domestic pets and wherein
the overnight care of said animals is limited to that necessary for
the medical treatment of the animals.
Where a nonconforming building or structure housing a nonconforming
use is voluntarily demolished or destroyed, or a nonconforming use
is voluntarily discontinued; except for purposes of restoration and/or
modernization, the nonconforming use, as well as the nonconforming
structure, shall be deemed to have been abandoned and discontinued,
and any use thereafter shall conform to the provisions of this chapter.
An enclosed facility used for the storage, wholesale and
distribution of manufactured products, supplies, and equipment.
Any natural or man-made pond, lake, wetland, impoundment,
or watercourse. This shall not include any pond or facility designed
and constructed solely to contain stormwater, or a swimming pool.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
Any channel of conveyance of surface water having a defined
bed and banks, such as a stream, river, brook, or creek, whether natural
or artificial, with perennial, intermittent or seasonal flow. This
shall not include any channel or ditch designed and constructed solely
to carry stormwater.
[Amended 8-17-2016 by Ord. No. 2016-08-17-1]
A commercial business use that utilizes potable water for
the purpose of filtration, purification, bottling, packaging, warehousing
and/or distribution.
[Added 6-20-2018 by Ord.
No. 6-20-2018-1]
Those areas that are inundated and saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Wetlands include all lands
regulated as wetlands by the Pennsylvania Department of Environmental
Protection or the U.S. Army Corps of Engineers. In the event there
is a conflict between the definitions of these agencies, the more
restrictive definition shall apply.
A document that describes the investigation procedures and
findings of a wetland delineation.
The transitional area extending a specified distance from
the outer limit of the wetland which serves as a buffer to protect
the wetland from more intensive land uses.
A commercial activity comprising the sale of commodities
in large quantities or in bulk, as to retailers or jobbers, rather
than to consumers directly, including warehousing, loading and unloading,
and shipping of such commodities.
Areas of linear, nonrecreational open space that is set aside
for wildlife to move from habitat to habitat without interaction with
human beings or motor vehicles.
Any activity that alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, sub-canopy trees, understory shrubs and vines and herbaceous
woodland floor species.
Any activity which constitutes a land disturbance within a woodland
or hedgerow.
Woodland disturbance does not include the selective cutting
or removal of invasive plant species or the removal of vegetation
which constitutes a hazardous condition.
A tree mass or plant community covering an area of 1/4 acre
or more, in which tree species are dominant or co-dominant and the
branches of the trees form a complete, or nearly complete, aerial
canopy. The extent of any woodland plant community or any part thereof
shall be measured from the outermost drip line of all the trees in
such plant community. Woodlands shall include any area where timber
has been harvested within the previous three years and/or woodland
disturbance has occurred within the previous three years that would
have met the definition of woodland prior to timbering or disturbance.
Woodlands do not include orchards or oldfields.
An open area around the inner periphery of each lot, extending
along the lot lines and street lines and inward to a structure, in
which no buildings or structures (except fences and walls if and as
otherwise permitted by this chapter and other applicable law) shall
be erected. The size of yard shall be measured as the shortest distance
between the structure and lot line or street line. In the case of
a corner lot, the yards extending along all streets are front yards;
the remaining yards shall include a rear yard, opposite the street
to which the principal building is generally faced, and a side yard,
opposite the other street.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line.
YARD, REARA yard between a structure and a rear lot line.
YARD, SIDEA yard between a structure and a side lot line, extending the entire lot length of the side lot line.
The basic system of zoning, which, under the Township Zoning
Ordinance, 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 zoning districts.
Regulations which apply in addition to the regulations applicable
to the base zoning districts. Where conflicts exist between the overlay
and base zoning, the most restrictive provision applies.
The Zoning Hearing Board of Pennsbury Township.
The Official Zoning Map of Pennsbury Township, Chester County,
Pennsylvania.
The officer or other designated authority charged with the
administration and enforcement of this chapter. In Pennsbury Township,
the duties of Zoning Officer may be combined with the duties of Building
Official under the designation of Code Enforcement Officer.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[4]
Editor's Note: The PA Dept. of Public Welfare defines
"child" as a person 15 years and younger.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
[8]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[9]
Editor's Note: See 68 Pa.C.S.A. § 4101 et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[14]
Editor's Note: See 53 P.S. § 10101 et seq.
[15]
Editor's Note: Pennsylvania does not have a certification
requirement; however, a forester can choose to be certified through
the Society of American Foresters.
