The following words and phrases shall be construed
throughout this chapter to have the meaning indicated in this article:
A.
The present tense shall include the future; the singular
shall include the plural, and the plural the singular; the masculine
gender includes the feminine and neuter; the word "person" includes
any individual, estate, trust, fiduciary, partnership, firm, association,
corporation or organization.
B.
The word "shall" is always mandatory; the word "may"
is optional.
C.
The word "county" refers to Chester County, Pennsylvania;
the term "Township" shall refer to the Township of New Garden; the
term "Planning Commission" shall refer to the Planning Commission
of New Garden; and the term "Zoning Hearing Board" shall refer to
the Zoning Hearing Board of New Garden Township.
D.
The word "including" shall not limit the term to the
specified example but is intended to extend its meaning to all other
instances of similar kind and character.
E.
The definitions provided in this article are applicable solely to
the provisions of this chapter.
[Added 11-25-2013 by Ord. No. 202]
As used in this chapter, the following terms
shall have the meanings indicated:
One additional dwelling unit, physically subordinate to the
primary unit.
A building subordinate to the principal buildings on a lot
and used for purposes customarily incidental to those of the principal
building, not used as a residence, or human occupancy.
A building or structure subordinate to the principal residential
building located on the same lot and used for purposes customarily
incidental to those of the principal building, including but not limited
to decks, porches, sheds, gazebos, swimming pools, patios, detached
garages, retaining walls, landscaping walls, ornamental walls and
similar buildings and structures. Residential accessory buildings
and structures are not to be used as a residence or for human occupancy.
[Added 8-18-2014 by Ord. No. 212]
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, or similar equipment.
[Added 2-21-2017 by Ord.
No. 220]
A use that: is subordinate in area, extent, intensity and purpose to the principal permitted use; is incidental to the principal permitted use; is compatible with, and customary to, the permitted principal use; and is located on the same lot as the permitted principal use. Accessory uses are subject to the provisions of this Chapter 200, including, but not limited to, Article XVI and Article XVII.
[Amended 10-24-2011 by Ord. No. 188]
The Pennsylvania Municipalities Planning Code, Act 247 (53
P.S. § 10101 et seq.), as amended.
An "adult entertainment use" shall be considered any of the
following:
ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock as:
Books, films or other periodicals or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas;
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, or other establishment which features live or media representations of performances by topless or bottomless dancers, go go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
MASSAGE PARLORAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. The definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Any other business or establishment which offers
its patrons services or entertainment characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
A community comprised of any combination of permitted residential
uses that conforms to the occupancy requirements of the Fair Housing
Act, 42 U.S.C. § 3601 et seq., as amended by the Housing
for Older Persons Act, P.L. No. 104-76, 109 Stat. 787,[1] approved December 28, 1995.
[Added 11-9-2009 by Ord. No. 183]
A residential unit within an age-qualified community.
[Added 11-9-2009 by Ord. No. 183]
A plant grown and harvested on a tract of land in agricultural
use intended for sale to the general public.
The cultivation of the soil and the raising and harvesting
of the products of the soil, or the raising of animals, performed
within a structure or structures, including but not limited to mushroom
growing, greenhouses, hydroponic gardening, and poultry houses.
The cultivation of the soil and the raising and harvesting
of the products of the soil done outside a building in the open air,
commonly referred to as "crop farming."
The cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nurserying,
horticulture, mushroom growing, and the breeding and raising of customary
domestic animals, but excluding cats and dogs.
[Amended 11-25-2013 by Ord. No. 202]
The New Garden Flying Field.
The highest point of the airport's usable landing area measured
in feet from mean sea level.
Any structure or object of natural growth located on or in
the vicinity of the airport, or any use of land near such airport,
which obstructs the airspace required for the flight of aircraft in
landing or takeoff at such airport or is otherwise hazardous to such
landing or takeoff of aircraft.
Any one or more of the following uses, when developed in a unified manner, consistent with the provisions of § 200-53.2, and consistent with a unified plan for development of the Airport Development Zone prepared by New Garden Township: conference facility, research and development facility, planned office park and light industrial park, provided that such uses are related to, support and/ further the objectives of Article XA.
[Added 11-12-2007 by Ord. No. 175]
The Airport Act of the Commonwealth of Pennsylvania, Act
of April 17, 1945, P.L. 237,[2] as the same may be amended from time to time.
A structure within which commodities are temporarily stored,
while waiting delivery to their intended destination, after having
been shipped by air transport to the facility or while waiting to
be shipped by air transport from the facility. This definition does
not include structures and uses commonly referred to as warehouse,
distribution facility, trucking terminal, storage facility and the
like.
[Added 11-12-2007 by Ord. No. 175]
A pavement constructed of materials such as macadam, bituminous
concrete, portland cement concrete, grasscrete pavers, unistone pavers,
or other surfaces approved by the Township Engineer.
[Added 4-25-2016 by Ord.
No. 217]
Any change to a building or structure in one of the following
manners:
All incidental to changes or replacements in
a nonstructural part of a building or other structure.
Changes or replacement in the structural part
of a building or other structure, including but not limited to the
following or similar type change:
Changes to interior partitions to improve livability
in nonconforming residential buildings, provided no additional dwelling
units are created.
Changes to interior partitions in all other
types of buildings or structures.
Creating new windows or doors in exterior walls.
Strengthening the load-bearing capacity in no
more than 10% of the total floor area.
A system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Amended 2-21-2017 by Ord. No. 220]
A parabolic ground based reflector together with its pedestal
and any other attachments and parts thereof commonly referred to as
a disk shaped antenna, used or intended to receive radio or electromagnetic
waves from an overhead satellite.
See "dwelling, multifamily."
The area of the entire solar panel field, measured from the
outside edges of all solar panels.
[Added 10-24-2011 by Ord. No. 189]
Any building or land area devoted to the display and/or sale
of new or used automobiles, trucks, trailers, or recreational vehicles
and the repair, servicing, restoration, reconstruction and maintenance
of vehicles to the general public, including a car wash, but not including
gasoline service stations.
[Added 4-25-2016 by Ord.
No. 217]
A level, enclosed area partly or completely below grade,
provided no more than 1/3 of the perimeter walls are five feet or
more above grade, and if the net area of the door and window openings
is at least equal to 10% of the enclosed floor area.
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this chapter or
any equipment associated with a tower.
[Added 2-21-2017 by Ord.
No. 220]
The term includes, but is not limited to, equipment associated
with wireless communications services, such as private broadcast and
public safety services, as well as unlicensed wireless services (i.e.,
Wi-Fi) and fixed wireless services (i.e., point-to-point microwave
transmissions) such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cables, regular and backup power
supplies, and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time of the relevant application is filed with the Township under this chapter, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
A building, usually a private residence, which provides accommodations
primarily for transients, and which may, but not necessarily will,
provide limited meal service for its guests. It will not, however,
contain a restaurant type facility open to the general public.
A type of sign which involves advertising for a business
other than conducted on the premises or for a product or service not
offered on the premises on which the sign is located.
A type of structure which has enclosing walls and a roof
and rests on any foundation.
A combination brewery and restaurant that sells 50% of more
of its brewed beer on-site. The beer is brewed primarily for sale
in the restaurant, but beer may be sold for off-site consumption,
and shall produce a minimum of 250 barrels per year.
[Added 6-20-2022 by Ord. No. 254]
A building or area of land used to transmit television or
radio programs to the general public.
[Added 4-25-2016 by Ord.
No. 217]
A continuous strip of land adjacent to the lot lines which
is clear of buildings and paved areas and is adequately landscaped
in accordance with this chapter to establish visual separation between
incompatible land uses.
[Added 4-25-2016 by Ord.
No. 217]
Any structure which is designed, intended or arranged to
provide shelter, refuge, cover, enclosure or protection to any person,
animal, process, equipment, goods, materials or uses of any kind.
[Amended 11-12-2007 by Ord. No. 175]
The vertical distance measured from the average finished
grade at all corners of the foundation (at least eight points if circular
building), to a point midway between the highest and lowest points
of the roof excluding chimney or superstructures above the roof.
An established line within a property defining the minimum
required distance between any structure to be erected and the existing
right-of-way of an adjacent street or roadway and/or lot line(s).
[Amended 11-7-2005 by Ord. No. 161]
The ratio of the total square footage of all structures situated
on a tract, lot or parcel to the total square footage of the tract,
lot or parcel containing such structures.
[Added 11-12-2007 by Ord. No. 175]
The size of buildings or other structures and their relationship
to each other, to open areas such as yards and to lot lines and therefore
includes:
A campus-like business center and corporate headquarters
site.
[Added 4-25-2016 by Ord.
No. 217]
A small and informal dining establishment with a maximum
size of 2,500 square feet of gross leasable area, serving limited
food and beverages.
[Added 6-20-2022 by Ord. No. 254]
An area of land upon which two or more campsites are located
for temporary transient occupancy, regardless of whether a fee has
been charged for the occupancy of such space.
[Added 4-25-2016 by Ord.
No. 217]
Land used or intended to be used for the burial of deceased
humans and/or domesticated pets, either in the ground or aboveground,
including columbariums and mausoleums if those structures are part
of an accessory to a cemetery.
[Added 4-25-2016 by Ord.
No. 217]
A statement signed, issued and enforced by the Zoning Officer
upon completion of construction of a new building or upon change or
conversion of the structure or use of a building, which establishes
that a building complies with all requirements and regulations as
provided in this chapter and other applicable codes, and that the
same may be used for the intended uses.
A building utilized for public divine worship. The term "church"
shall also include temple, synagogue, mosque and similar places of
worship.
[Added 4-25-2016 by Ord.
No. 217]
Includes spaces used for community activities, including
open-air environments where public activities occur, and generates
economic, environmental and social benefits to the community, such
as spaces in the form of a common green space, a pedestrian gathering
area, a green, a courtyard or a parklet.
[Added 6-20-2022 by Ord. No. 254]
A development designed to arrange buildings and lots into
groups to concentrate support services, and create common open space,
but permitting a reduction to minimum lot area and yard area requirements.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
[Added 2-21-2017 by Ord.
No. 220]
Any activity carried out for monetary gain, including retail
sales, services, offices, etc.
Any composting operation where compost, for mushroom production
or any other use, is produced or made for the purposes of sale or
distribution.[3]
A use or activity operated as a business for profit that
is open to the public for the purpose of recreation and entertainment,
including, but not limited to, bowling alleys, billiards, health and
fitness clubs, swimming pools, miniature golf courses, amusement arcades,
radio-controlled race tracks, indoor shooting ranges and similar commercial
recreational uses.
[Added 4-25-2016 by Ord.
No. 217]
An educational facility carried on as a business and not
operated by a public agency. The range of curriculums can include,
but is not limited to, academic instruction, business, technical programs,
art, music, dance, language and similar commercial school uses.
[Added 4-25-2016 by Ord.
No. 217]
A monopole or lattice-construction steel structure designed
and intended solely for the support of and attachment to it of one
or more commercial communications antennas and appurtenant communications
equipment used to collect and/or transmit wireless communications
or radio signals.
[Added 4-25-2016 by Ord.
No. 217]
Facilities which serve to support the needs of residents
of a planned residential development, such as community centers, outdoor
recreational area and maintenance buildings.
[Added 4-25-2016 by Ord.
No. 217]
A system which carries sewage from individual discharges
by a system of pipes to a common, privately owned treatment or disposal
facility serving the community or development.
A system which provides water from a common, privately owned
water source through a pipe system to individual users in the community
or development.
The process of organic decomposition of materials with supplemented
nutrients to produce a food selectively favorable for growing special
crops.
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain localities within
the district when specific conditions and factors prescribed for such
cases are present.
A type of ownership and not a type of use, wherein each unit
is owned in fee by its occupant, while the land and such appurtenances
as driveways, parking areas, sidewalks, landscaping, recreational
facilities, and on-site utilities remain under the ownership, with
full responsibility for maintenance, of the developer or any corporation
holding title to such land and appurtenances.
A structure or grouping of structures on a single lot which
are primarily utilized for the meetings of persons for the purpose
of deliberation, exchange of opinion, education or other such business-related
purposes.
[Added 11-7-2005 by Ord. No. 161]
A large, privately owned and maintained lot containing an
existing dwelling, farm complex or historic structure, comprising
part of the required common open space in a cluster subdivision.
[Added 2-25-2013 by Ord. No. 195]
An environmentally sensitive area specifically designed to
protect natural resource areas, scenic views and other environmentally
constrained areas such as steep slopes, wetlands, floodplains, high
water tables, forest areas, endangered species habitat or are deserving
of protection from any activity that would significantly alter their
ecological integrity, balance or character.
[Added 4-25-2016 by Ord.
No. 217]
Selected resources listed below, multiplied by a protection
factor and totaled.
[Added 2-25-2013 by Ord. No. 195]
|
Resource
|
Area of Resource
(acres)
|
Protection Factor
|
Constrained Land
(acres)
|
|---|---|---|---|
|
Existing road and utility rights-of-way
|
x 1.0
|
=
| |
|
That portion of lands under conservation easement or other permanent
restriction that are restricted from further development
|
x 1.0
|
=
| |
|
100-year floodplain, including the floodway
|
x 1.0
|
=
| |
|
Wetlands
|
x 0.95
|
=
| |
|
Steep slopes (over 25%)
|
x 0.85
|
=
| |
|
Precautionary slopes (15% to 25%)
|
x 0.35
|
=
|
Adjacent and having a common edge or boundary. Not interrupted
by other acreage or by public streets.
See "nursing home."
[Added 4-25-2016 by Ord.
No. 217]
A structure or group of structures located on a single tract
which operates as the administrative and/or executive center of a
corporation or other business enterprise.
[Added 11-7-2005 by Ord. No. 161]
The use of any building or land or combination of buildings
and land to accommodate and support the physical space requirements
of multiple tenants or occupants and their related functions, whether
or not such entities or functions are directly or indirectly related
or of the same or similar character, but generally of such a nature
as to project the image of a campus environment encompassing offices,
professional offices, research facilities, and similar uses, but excluding
uses such as manufacturing, processing, assembling, warehousing and
other similar uses.
[Added 11-7-2005 by Ord. No. 161]
Land and buildings containing private or semiprivate recreational
facilities, social quarters, restaurants, meeting rooms, banquet facilities
and similar uses owned and operated by nonprofit organizations for
the exclusive use of the members or guests.
[Added 4-25-2016 by Ord.
No. 217]
The structure within which boxes, packages, envelopes and
other small size and weight containers used to protect and facilitate
handling of various types of material are received, processed and
prepared for local delivery by a courier service such as Federal Express,
United Parcel Service (UPS) or DHL. Such items can typically be handled
by a single person without the aid of special equipment. This definition
excludes facilities used to process large, heavy or bulky material
and packages normally associated with a trucking terminal or warehouse
facility.
[Added 11-12-2007 by Ord. No. 175]
An unroofed or roofed outdoor public space at grade level,
that is open on one or more sides and typically formed by a building
wall and/or a landscape structure such as a wall, hedge, ornamental
landscaping or trellis.
[Added 6-20-2022 by Ord. No. 254]
A building that promotes culture and fine arts, including
art galleries, art studios, or other buildings used for programs or
activities involving the arts that encourage refinement or the development
of the mind.
[Added 8-18-2014 by Ord. No. 213]
A facility which is licensed to provide care for at least
seven, but no more than 50, individuals at any one time, where the
care areas are not being used as a family residence.
The allowable number of dwelling units per acre, calculated
by dividing the total number of dwelling units proposed by the total
number of acres within a tract of land.
The maximum number of dwelling units permitted, calculated
by dividing the total number of proposed dwelling units by the net
tract area.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2006 by Ord. No.
168; 3-12-2007 by Ord. No. 170]
Any man-made change to improved or unimproved property, including
but not limited to buildings and other structures, the placement of
manufactured homes/mobile homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations.
The subdivision of land shall be considered development.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 2-21-2017 by Ord.
No. 220]
A use involving goods, materials or commodities that are
received, temporarily stored and/or configured for ultimate delivery
to the end user or merchant. "Distribution facility" shall include
temporary warehousing, but shall not include permanent or long-term
storage.
[Added 10-24-2011 by Ord. No. 188]
A tract of ground, or portion thereof, used for deposit and
storage of refuse, including but not limited to garbage, ashes and
rubbish. The definition of dump does not include a sanitary landfill
as defined by this chapter and when operated in accordance with standards
and regulations established by the Pennsylvania Department of Environmental
Protection or the Chester County Health Department.
Any building or part thereof designed for or occupied exclusively
as a residence for only one family maintaining a single housekeeping
unit.
A building designed and occupied as a residence, containing
three or more dwelling units. "Multifamily" shall refer to any housing
configuration, including, but not limited to apartments, townhouses,
and quadraplexes.
A building designed for and occupied as three or more residential
units side by side with vertical common or party walls between units.
A single-family attached dwelling shall be considered a multifamily
dwelling.
A building designed for and occupied as a residence, containing
one dwelling unit and having no common or party wall within an adjacent
dwelling. Yard area surrounds all sides.
A building designed and occupied as a residence containing
two dwellings units located either side-by-side with a vertical common
or party wall between them, or stacked one on top of the other with
a horizontal common or party wall between them.[4]
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
A room or rooms within a building connected together, constituting
a separate independent housekeeping establishment for a single family,
for owner occupancy or for rental, lease or other occupancy on a monthly
or longer basis. Units shall be physically separated from other units
and shall contain independent cooking, sleeping and lavatory facilities.
A use requiring certification, licensing or review by the
Pennsylvania Department of Education.
[Added 4-25-2016 by Ord.
No. 217]
Land and/or buildings specifically designed, arranged and
intended for the purpose of education, including preschool, elementary
and secondary schools, either private or public, including schools
relating to religious organizations and vocational schools, but excluding
recreational activities unless accessory to an educational use.
Transmission poles and towers in rights-of-way, easements
and electric company property.
[Added 2-21-2017 by Ord.
No. 220]
Any request for the modification of an existing tower or
base station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station, provided that it is existing at
the time the relevant application is filed.
[Added 2-21-2017 by Ord.
No. 220]
A condition that:
[Added 2-21-2017 by Ord.
No. 220]
An addition to the floor area of an existing building, an
increase of size of another structure, or an increase in that portion
of lot occupied by an existing use.
Areas highly susceptible and vulnerable to significant adverse
impacts upon their physical, chemical and biological characteristics
from land development, land disturbance or other human influence.
Such areas shall include, but not be limited to, floodplains, floodways,
flood fringes, prime woodlands, steep slopes in excess of 20%, surface
waters, wetlands, and potential sinkhole activities and/or areas.
[Added 8-13-2001 by Ord. No. 142; amended 11-7-2005 by Ord. No.
161]
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
[Added 2-21-2017 by Ord.
No. 220]
That unit or amount of sewerage produced, as determined by
the Chester County Health Department, as being equal to the amount
produced by a typical or average dwelling unit.
Any area identified as an exceptional natural area by a governmental
agency.
[Added 2-25-2013 by Ord. No. 195]
The area within which the blades of a wind turbine may fall
if the blades become detached in whole, or in part, from the wind
turbine.
[Added 10-24-2011 by Ord. No. 189]
Occupants of a dwelling unit under one of the following categories:
A single person.
Two or more persons related by blood or marriage,
including no more than one boarders, roomers or lodgers.
No more than four unrelated persons living together
as a single household unit sharing one common cooking facility.
Foster homes as an extension of a family which
presently resides in a dwelling.
Any premises or dwelling unit where the care areas are being
used as a family residence, operated for profit or not for profit,
in which day care is provided at any one time on a regular basis to
four, five, or six individuals, who are not relatives of the care
giver. Day-care service for individuals in this type of facility is
different from "babysitting."
Federal Communications Commission.
[Added 2-21-2017 by Ord.
No. 220]
An establishment, with or without drive-through service and
with or without automated teller machines, chartered under federal
or state law, where the principal business is the receipt, disbursement,
investment and exchange of money. "Financial institutions" shall include
banks, savings and loan associations, credit unions, trust companies,
building and loan associations, and similar businesses.
[Added 10-24-2011 by Ord. No. 188]
An indoor or outdoor operation having more than one vendor
offering a variety of products for sale, with off-street parking;
with or without permanent structures and stands.
A temporary inundation of normally dry land.
A flood of a magnitude that is likely to occur an average
of once every 100 years. While the probability of its occurrence is
a one-percent chance each year, the flood may occur in any year.
A relatively low, flat land area adjoining a watercourse
which is subject to partial or complete inundation. Areas subject
to unusual and rapid accumulation or runoff of surface waters from
any source.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude, in accordance with applicable Federal
Emergency Management Agency (FEMA) criteria.
[Amended 8-13-2001 by Ord. No. 142]
The sum of the area of all floors of a building measured
from the outside exterior walls; or the center line of a common or
party wall separating attached dwellings. In particular, floor area
calculations include but are not limited to the following:
Basement space if it meets the requirements
of a building story.
Stairwells, attic space whether or not a floor
has been laid, and elevator shafts, providing structural headroom
of eight feet or more.
Roofed terraces, breezeways and porches, provided
that over 50% of the perimeter of these is enclosed.
Any other floor space designed for the intended
principal use, no matter where it is located within the building.
The area of accessory buildings.
The gross leasable floor area divided by the net area of
that lot.
[Added 8-13-2001 by Ord. No. 142]
Unit of light quantity equal to the number of lumens striking
an area equal to one square foot.
Under the worst maintenance conditions, including reduced
light intensity, the number of lumens striking an area equal to one
foot.
The management of forests and timberlands when practiced
in accordance with accepted silvacultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
[Added 2-25-2013 by Ord. No. 195]
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and the storage of not more than two motor vehicles
owned and operated by persons other than the owner or tenant of the
premises.
A building other than a private garage, one or more stories
in height, used solely for commercial storage, service or repair of
motor vehicles.
An area of land, including buildings and other structures,
used for the sale of gasoline or other motor vehicle fuel or accessories.
Such use may include facilities for minor repair to motor vehicles,
but shall not include painting or body repairs.
Either a publicly or privately owned and operated course
which will have a minimum of nine holes of golf constructed in accordance
with PGA and USGA standards. Neither a commercial driving range nor
a commercial miniature golf area shall be considered a golf course
for purposes of this chapter.
[Added 4-25-2016 by Ord.
No. 217]
An area of common open space, surrounded by streets on at
least two and often three or four sides, around which dwellings are
arranged.
[Added 2-25-2013 by Ord. No. 195]
The sum of the gross horizontal areas of all floors of a
building or buildings measured from the exterior face of exterior
walls or from the center line of a common wall separating two buildings
but excluding interior parking spaces or interior loading spaces for
motor vehicles.
[Added 8-18-2014 by Ord. No. 213]
The total floor area designated for tenant occupancy and
exclusive use, including basements and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
A facility in which care is provided on a daily basis for
more than six but no more than 12 individuals, at any one time, where
the care areas are being used as a family residence.
A facility which provides residential services to persons
who, due to age, disability or handicap, are not able to live without
personal care or supervision. Such a facility provides twenty-four-hour
supervision and is licensed by the state and/or county.
A single-family dwelling containing guest rooms available
for short-term overnight rental.
A building or portion of a building providing display and
retail sales of wares, such as but not limited to fittings, cutlery,
tools, utensils, nuts, bolts, metal parts, cleaning supplies, etc.
[Added 4-25-2016 by Ord.
No. 217]
As defined in Section 103 of Pennsylvania Act 96 (1980),
the Solid Waste Management Act.[5]
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 Zoning Ordinance, Chapter 200, hedgerows are considered woodlands and regulated as such.
[Added 2-25-2013 by Ord. No. 195]
For the purposes of determining the height limits in all
zones set forth in this chapter, the datum shall be mean sea level
elevation unless otherwise specified.
[Added 2-21-2017 by Ord. No. 220]
An accessory use constituting entirely or partly the livelihood
of person(s) living in a single-family dwelling unit.
An accessory use incidental to a residential use that:
An accessory use to a residential use that:
Is customarily carried on in a dwelling unit
except that one person not residing in such dwelling may be employed
in the activity; and
Occupies not more than 25% of the floor area,
or 500 square feet whichever is less; and
Occupations are limited to professions, dressmaking,
real estate, antique dealing, handicrafts and other similar activities;
and
All activities are within the principal structure
or accessory structure.
An institution having an organized medical staff which is
primarily engaged in providing to inpatients, by or under the supervision
of physicians, diagnostic and therapeutic services for the care of
injured, disabled, pregnant, diseased, or sick or mentally ill persons,
or rehabilitation services for the rehabilitation of injured, disabled,
pregnant, diseased or sick or mentally ill persons. The term includes
facilities for the diagnosis and treatment of disorders within the
scope of specific medical specialties, but not facilities caring exclusively
for the mentally ill.
[Amended 11-7-2005 by Ord. No. 161]
A building used for the purpose of furnishing temporary lodging
to the public for compensation, with or without meals, and having
lodging accommodations for 10 or more persons.
The same as the definition of “lot coverage/tract coverage” contained in this § 200-9.
[Added 11-12-2007 by Ord. No. 175]
Any material or combination of materials which prevents or
significantly impedes the penetration of water, in the immediate area,
from the ground surface or from the surface of the material to the
underlying soil. Crushed stone, gravel, paved areas, porous paving
and similar materials and materials which have a tendency to compact
over time or through use shall be considered impervious surfaces.
[Added 11-12-2007 by Ord. No. 175]
A facility designed to reduce municipal solid waste by combustion.
Incinerators consist of refuse handling and storage facilities, furnaces,
subsidence chambers, residue handling and removal facilities. Chimneys
and other air pollution control equipment and may or may not include
heat exchange equipment for energy recovery.
A building or buildings totally enclosed providing interior
space for the storage of goods.
[Added 4-25-2016 by Ord.
No. 217]
Those activities involving manufacturing or processing of
products and materials to produce a new product.
A unified plan for development of a single property into
three or more sites held in single or separate ownership for industrial
or manufacturing establishments.
An agricultural operation intended primarily as a final feeding
operation to be used immediately before sending livestock to market.
An institution which provides on a regular basis health-related
care and services to resident individuals who do not require the degree
of care and treatment which a hospital or skilled nursing facility
is designed to provide but who, because of their mental or physical
condition, require health-related care and services above the level
of room and board. Intermediate care facilities exclusively for the
individuals with intellectual disabilities shall not be considered
intermediate care facilities and shall be licensed by the Commonwealth
of Pennsylvania.
[Added 11-7-2005 by Ord. No. 161; amended 6-20-2022 by Ord. No. 254]
An area of land with or without buildings used for outside
storage of used or discarded materials including, but not limited
to, wastepaper, rags, metal building materials, housing furnishings,
machinery, and vehicles or parts thereof. Toxic wastes, radioactive
materials, poisons, and other substances which are potentially harmful
to man are excluded from this definition. The deposit or storage on
a lot of two or more unlicensed, wrecked, disabled, or uninspectable
vehicles, or the major part thereof, shall also be considered a junkyard.
An establishment available to the general public in or through
which a dog or dogs or other domesticated animals are raised, housed,
boarded, transferred, for sale, bred, groomed or trained for compensation.
[Amended 8-18-2014 by Ord. No. 213]
A planned residential community for the elderly consisting
of dwellings, community and health centers, recreation areas and open
space.
A tract of land designed and developed from a single, unified
plan involving a grouping of two or more light industrial use establishments
on a tract held in single and separate ownership and sharing common
utilities and street.
[Added 11-7-2005 by Ord. No. 161]
Activities including manufacturing or production which are
free from emitting smoke, noise, vibration, odors, glare, hazards
of fire, discharge of waste, and other objectionable outdoor nuisances
and no outdoor storage of materials, equipment, or products.
Manufacturing establishments of limited employment, small
structures, limited traffic and all processes carried on within buildings,
have no outside storage.
A vertical mixed-use unit consisting of both a commercial/
nonresidential and residential use that is occupied by the same resident.
The unit shall be the primary dwelling of the occupant.
[Added 6-20-2022 by Ord. No. 254]
A separate single-family residential unit. For the purposes
of this chapter, two beds within a community care or nursing facility
shall be considered equivalent to one living unit.
A space accessible from a street on a lot for the temporary
use of vehicles for the purpose of loading and unloading merchandise
or materials.
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. Such an area shall be separately described
by metes and bounds within a legal description which is recorded in
the office of the Recorder of Deeds of Chester County with a deed
and by an approved subdivision plan so recorded. Every lot shall have
frontage on a public or private street.[6]
[Amended 8-13-2001 by Ord. No. 142; amended 6-20-2022 by Ord. No. 254]
A lot bounded on at least two sides by streets whenever the
lines of such streets extended form an interior angle of 135°
or less. All yards abutting streets shall be considered front yards.
The remaining yards shall be treated as side yards.
The ratio of the total square footage of all impervious surfaces
situate on the tract, lot or parcel to the net tract area/net lot
area of the tract, lot or parcel containing such impervious surfaces.
[Amended 8-13-2001 by Ord. No. 142; 11-12-2007 by Ord. No.
175]
Any lot which only has access to a street by either an easement
or right-of-way, or any lot which has limited frontage on a street
serving solely for access to interior lands.
A property boundary line of any lot held in single and separate
ownership. The lot line shall reflect the legal description for the
lot, except for that line abutting a street shall be deemed to be
the same as the street right-of-way line.
The line separating the lot from the existing street right-of-way
line.
[Amended 11-7-2005 by Ord. No. 161]
Any line, except the front lot line, which is parallel to,
or within 45° of being parallel to, and does not intersect any
street line.
Any lot line which is not a front lot line or rear lot line.
The horizontal distance between side lot lines measured at
right angles to the lot depth.
The surroundings of a main thoroughfare characterized by
a balance between the needs of pedestrians, shoppers, and residents
with the needs of through-traffic in the UD District. The thoroughfare
consists of primary retail and commercial uses, a pedestrian-friendly
environment, and streetscape elements which may include sidewalks,
crosswalks, street trees, street lights, on-street parking, and pedestrian
amenities.
[Added 6-20-2022 by Ord. No. 254]
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two units designed to be joined
into a single integral unit capable of again being separated for repeated
towing. A manufactured home/mobile home shall arrive at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and connection to utilities.
[Amended 4-3-2006 by Ord. No. 165]
A parcel of land under single and separate ownership which
has been planned and improved for the placement of manufactured homes/mobile
homes for residential use, consisting of two or more manufactured
home/mobile home lots.
[Amended 8-13-2001 by Ord. No. 142]
The mechanical or chemical transformation of materials or
substances into a new product, including assembly of parts, and blending
of materials such as lubricants, plastics, etc.
A building or group of buildings used for the fabrication,
manufacturing and assembly of products performed inside a totally
enclosed building.
[Added 4-25-2016 by Ord.
No. 217]
A facility for the examination and treatment of primarily
outpatient, ill and afflicted humans, and those obtaining elective
medical procedures, including doctor and dental offices.[7]
[Amended 11-12-2007 by Ord. No. 175]
A building and lot or individual office within a building
used for the practice of medical and dental arts or similar examination
and treatment of persons as outpatients by physicians or licensed
medical specialists practicing medicine individually or as a group
during normal office hours. Facilities providing twenty-four-hour
emergency service or overnight lodging of patients shall not be considered
a medical facility but shall be defined as a "hospital."
[Added 4-25-2016 by Ord.
No. 217]
A parabolic ground-based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish-shaped antenna" used or intended to receive radio or electromagnetic
waves from an overhead satellite. Microwave dish antennas are structures.
[Added 4-25-2016 by Ord.
No. 217]
A combination of two or more uses in a building or on a lot.
[Added 6-20-2022 by Ord. No. 254]
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of existing
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
[Added 2-21-2017 by Ord.
No. 220]
A dwelling, partially assembled away from the building site,
intended for final assembly on a permanent foundation on its own lot
or site.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 2-21-2017 by Ord.
No. 220]
A building or group of buildings containing individual rooms
or apartment accommodations primarily for transients, each of which
is provided with a separate exterior entrance and parking space, and
offered principally for rental of sleeping accommodations for automobile
travelers.
A municipal authority incorporated under the Pennsylvania
Municipality Authorities Act, 53 Pa.C.S.A § 5601 et seq.,
authorized by law to provide utility service in New Garden Township.
[Added 10-18-2021 by Ord. No. 250]
An institution, facility, building or structure devoted to
the procurement, care, preserving and exhibiting of valuable and interesting
objects of lasting value or interest, including but not limited to
cultural, artistic, historical or scientific importance and value.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No.
170; 8-18-2014 by Ord. No. 213]
A structure used for the growing of mushrooms in a climate-controlled
condition.
An intensive form of agriculture to raise and harvest mushrooms.
The same as "net tract area."
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No.
170]
The area of a tract remaining after the constrained lands
have been subtracted from the gross tract area. In all zoning districts,
when used for establishing the minimum lot area, maximum density,
maximum impervious cover or minimum tract area in any computation
of the percentage of lot area, the term "lot area" or "lot size" shall
be deemed to mean "net lot area" or "net tract area."
[Added 11-7-2005 by Ord. No. 161; amended 10-18-2006 by Ord. No.
168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195]
Any use undertaken by the Board of Supervisors of New Garden
Township that will:
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No.
170]
Serve or advance a public purpose from which
the general populace of New Garden Township will derive a direct or
indirect benefit, or both;
Provide for the general welfare of the citizens
of New Garden Township;
Improve governmental processes, functions or
delivery of services;
Strengthen or increase economic development
and a consequential increase in the tax base of New Garden Township;
or
Preserve or protect agricultural land, natural
and historic resources or open space.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 4-3-2006 by Ord. No. 165]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
A lot held in single and separate ownership which does not
conform to one or more of the applicable area or dimension requirements
in the district in which it is located.
A structure or part of a structure which does not comply
with the applicable use, area or bulk regulations in this chapter
or amendment where such a structure lawfully existed prior to the
enactment of this chapter or subsequent amendment. Nonconforming structures
shall include, but not be limited to, nonconforming buildings and
signs.
A use, of land or a structure, which does not comply with
the applicable use provisions of this chapter or amendment, where
such use was lawfully in existence prior to the enactment of this
chapter or subsequent amendment.[8]
All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
[Added 2-21-2017 by Ord.
No. 220]
A congregate living arrangement facility operated for the
purpose of providing therein lodging, board and nursing care to sick,
invalid, infirm, disabled or convalescent persons for compensation.
The term "convalescent home" is included within this definition.
[Added 4-25-2016 by Ord.
No. 217]
An enclosed building where the principal use is conducting
the affairs of a business, profession, service or government, including
administration, recordkeeping, clerical work and similar business
functions. An office shall not involve manufacturing, fabrication,
production, processing, assembling, cleaning, testing, repair or storage
of materials, goods or products.
[Added 11-7-2005 by Ord. No. 161]
The disposal of sewage by use of a system solely contained
within the confines of a lot on which the use it serves is located
as approved by the Chester County Health Department and/or the Pennsylvania
Department of Environmental Protection.
A safe, adequate and healthful potable water supply to a
single user from a private well or set of wells, as approved by the
Chester County Department of Health, and which are located within
the confines of the lot on which the use it serves is located.
Any reference to the term "open space" shall mean and refer
to "common open space."
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No.
170]
Except as otherwise specifically provided by the terms of this chapter, an area of land to be permanently restricted and maintained for the perpetual use and enjoyment of residents within a development or neighborhood. Common open space as part of a residential cluster design option shall comply with Zoning Ordinance Article XV and Subdivision and Land Development Ordinance § 170-49.1, Common open space.
[Amended 8-13-2001 by Ord. No. 142; 11-7-2005 by Ord. No.
161; 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No. 170; 2-25-2013 by Ord. No. 195]
An offset surfaced area designed solely for the parking of
motor vehicles, including driveways, passageways and maneuvering space.
A reasonably level area, available for the parking of one
motor vehicle consisting of a dustless, all-weather surface, and shall
include either covered garage space or uncovered parking lot space
located off the right-of-way. For the purposes of calculating space
requirements, driveways or single-family lots can be considered.
A vertical or horizontal wall that separates two buildings.
The total surface area of a lot which is covered by materials
that do not absorb rainfall and runoff, such as parking areas, driveways,
walks and similar surfaces.
An outdoor public space that serves as a common green space
for patrons and residents typically in the form of a green or parklet,
within which pedestrians can sit, relax, dine, walk and/or engage
in other leisure-time activities.
[Added 6-20-2022 by Ord. No. 254]
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity. It includes a trustee,
receiver, assignee, or similar representative of any of them.
A use in which limited services, consistent with neighborhood
needs, are offered to the general public, including, but not limited
to barber and beauty shops, dry cleaning, tailoring, shoe repair,
laundromats, car-wash facilities, funeral homes, personal item repair
shops and travel agencies.
[Added 8-18-2014 by Ord. No. 213]
Land under unified control to be planned and developed as
a whole for commercial purposes, in a single development operation
or a definitely programmed series of development phases.
A tract of land designed and developed from a single, unified
plan involving the layout of lots, buildings, and improvements, together
with the landscaping and open space plan, in order to achieve a campus
theme and efficient use of shared utilities and roads, and which excludes
residential and industrial uses.
[Added 11-7-2005 by Ord. No. 161]
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units and types, for which
the development plan does not correspond to use, area and bulk regulations
established in any one residential district created by this chapter.
Pennsylvania Natural Diversity Inventory.
[Added 2-25-2013 by Ord. No. 195]
A temporary use that may involve activities such as a farmer's
market, outdoor dining, an art show, a philanthropic use, an educational
use, an outdoor recreational use, or a seasonal use.
[Added 6-20-2022 by Ord. No. 254]
A surface longitudinally centered on a runway and extending
200 feet beyond each end of that runway. The width of the primary
surface shall be 500 feet. The elevation of any point on the primary
surface shall be the same as the elevation of the nearest point on
the runway center line.
All such areas, including parks, playgrounds, trails, paths
and other recreational areas, established, conducted and primarily
supported by a nongovernmental agency.
[Added 4-25-2016 by Ord.
No. 217]
Any land or structure designed for or intended for indoor
or outdoor recreation, regardless of whether a fee is charged, which
is owned by a private for-profit enterprise and open to the public.
[Added 4-25-2016 by Ord.
No. 217]
A school that is established, conducted, and primarily supported
by a nongovernmental agency.
[Added 4-25-2016 by Ord.
No. 217]
A business facility housing the practice of those professionals
which provide a service requiring academic training, including but
not limited to physicians, lawyers, engineers, architects and planners.
[Added 11-7-2005 by Ord. No. 161]
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.
[Added 4-3-2006 by Ord. No. 165]
All such areas, including parks, playgrounds, trails, paths
and other recreational areas and other public areas owned or operated
facilities, and publicly owned or operated scenic and historical sites.
[Added 4-25-2016 by Ord.
No. 217]
Land and/or facilities that are owned by a government agency
or Township and are available for use by the general public for noncommercial
leisure and recreation.
[Added 4-25-2016 by Ord.
No. 217]
A tax-supported school controlled by a local government agency.
[Added 4-25-2016 by Ord.
No. 217]
An off-site publicly operated system in which sewage is conveyed
to a publicly operated plant for treatment and disposal through means
approved by the Pennsylvania Department of Environmental Protection,
within a franchise area, as administered by Township, a municipal
authority, or a public utility.
[Amended 8-13-2001 by Ord. No. 142; 10-18-2021 by Ord. No.
250]
A public utility as that term is defined in the Pennsylvania
Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
[Added 10-18-2021 by Ord. No. 250]
A facility owned and operated by a public utility as defined
in this chapter.
[Added 10-18-2021 by Ord. No. 250]
A publicly operated system for supplying water from a common
source to two or more users within a franchise area.
The process of chemically decomposing an organic substance
by heating it in an oxygen-deficient atmosphere.
A structure erected for the sole purpose of holding antennas
to be used as an accessory use specifically for communications via
radio by an individual or company holding a valid active radio license
issued by the Federal Communications Commission.
Sites which are included in the Pennsylvania Natural Diversity
Inventory (PNDI), the Chester County Natural Areas Inventory, or any
New Garden Township Botanical Survey as possessing floral or faunal
species of concern or sites in which federally and/or state-recognized
rare, threatened or endangered species of flora and/or fauna are present.
The land area regulated as a rare species site shall be as mapped
in the pertinent inventory or survey.
[Added 2-25-2013 by Ord. No. 195]
The expansion, enlargement, or alternation of an existing
building or group of buildings that involves 20% or more of the gross
floor area of an existing building or group of buildings.
[Added 6-20-2022 by Ord. No. 254]
An inpatient facility, excluding hospital, which is operated
for the primary purpose of assisting in the physical rehabilitation
of disabled persons through an integrated program of medical and other
services which are provided under competent professional supervision.
[Added 11-7-2005 by Ord. No. 161]
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 2-21-2017 by Ord.
No. 220]
A nonprofit use of land or a building or buildings as a place
of worship, convent, monastery or similar religious institution, including
rectory and parish houses for an organization organized solely or
primarily as a religious institution.
An energy-producing facility, consisting of one or more connected
structures, which produce energy from natural sources of either sunlight
or wind. For the purpose of this chapter, "renewable energy facility"
shall consist of solar energy facilities and/or wind energy facilities.
[Added 10-24-2011 by Ord. No. 189]
The replacement of an existing wireless telecommunications
facility on an existing wireless support structure or within an existing
equipment compound due to maintenance, repair or technological advancement
with equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
[Added 2-21-2017 by Ord.
No. 220]
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and/or
experimentation, but not including the sale of products or the manufacture
of products for sale.
[Added 11-7-2005 by Ord. No. 161]
A development of single-family detached dwellings on lots,
some or all of which are smaller than is otherwise required, incorporating
within the development areas of common open space.
[Added 4-25-2016 by Ord. No. 217]
The alteration of an existing single-family detached dwelling
to accommodate two or more dwelling units. This implies a change in
density and housing type of an existing dwelling, resulting in the
creation of party walls and independent cooking, lavatory and sleeping
facilities.
A self-contained structure used solely for the purpose of
enclosing, protecting and/or securing objects used in the yard, lawn
and home maintenance associated with the residential use on the same
lot.
[Added 8-18-2014 by Ord. No. 212]
Residential through-the-fence (RTTF) access to the airport
pursuant to RTTF agreement allowing owners of existing residential
property within the ADZ aircraft storage facilities near the airport
to access the airport from off-airport property.
[Added 5-15-2017 by Ord.
No. 222]
A building or portion thereof where food and/or beverages
are sold in the form ready for consumption and where a significant
portion of the consumption takes place or is designed to take place
outside the confines of the building so that customers can be served
while remaining in their vehicles, which service to customers is either
through an exterior window in the establishment or directly to parked
vehicles on the premises.
[Added 4-25-2016 by Ord.
No. 217]
A building or portion thereof where food and/or beverage
is served to customers within the confines of the building not having
a drive-through facility.
[Added 4-25-2016 by Ord.
No. 217]
A development of individual or multiple dwelling units which
may include a community center and community care facility and is
designed for adult individuals and/or couples who do not have dependent
children. The residents thereof need not be actually retired from
their occupation or employment.
The surface of and space below any real property in the Township
in which the Township or commonwealth has ownership, or interest as
a trustee for the public, as such ownership and/or interests now or
hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, crosswalks, sidewalks, tunnels, viaducts,
bridges, skyways, or any other public place, area or property under
the control of the Township or commonwealth, and any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Township. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
[Amended 2-21-2017 by Ord. No. 220]
An area of trees and/or other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environments. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. For the purposes of this Zoning Ordinance, Chapter 200, the riparian buffer shall be divided into two zones:
[Added 2-25-2013 by Ord. No. 195]
Zone One: Inner Riparian Buffer. This zone begins at each edge
of an identified watercourse and occupies an area of land with a minimum
width of 25 feet measured horizontally on a line perpendicular to
the edge of the water at bankful flow. Where steep slopes (slopes
greater than 25%) are located within 25 feet of a watercourse, Zone
One shall extend the entire distance of the steep slope.
Zone Two: Outer Riparian Buffer. This zone begins at the outer
edge of Zone One and occupies an area of land with a minimum width
of 50 feet in addition to Zone One. In cases where Zone One extends
beyond 25 feet due to the presence of steep slopes (slopes greater
than 25%), the width of Zone Two shall be adjusted so that the total
riparian buffer width equals a maximum of 75 feet.
Deemed a street, as defined herein.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No.
170]
A private dwelling in which at least three but not more than
six rooms are offered for lodging for compensation, whether or not
table board is furnished to lodgers, and in which no transient guests
are accommodated and no public restaurant is maintained.
A defined and paved area on an airport prepared for landing
and takeoff of aircraft along its length.
A land site on which engineering principles are utilized
to bury deposits of solid waste without creating public health or
safety hazards, nuisances, pollution, or environmental degradation.
A sanitary landfill shall be operated in accordance with standards
established by, and shall be subject to inspection by, the Pennsylvania
Department of Environmental Protection or Chester County Health Department,
and New Garden Township.
A building designed and used for human educational purposes,
including only the following: preschools, nursery schools, elementary
and secondary schools, colleges, universities, junior colleges, and
vocational and technical schools. A school may be either private or
public.
[Added 4-25-2016 by Ord.
No. 217]
The use of plant materials, fencing and/or earthen berms
to aid in the concealment of such features as parking areas and vehicles
within them, and to provide privacy between two or more different
land uses which abut one another.
A structure or group of structures, with controlled access
thereto, divided into individual self-contained compartments which
may be of various sizes, and which are used for storage of personal
property, and not for human, animal or wildlife occupancy or habitation.
The compartments are leased or rented on an individual basis for specific
periods of time. An outdoor fenced in area for storage of large items
such as boats and recreational vehicles may or may not be provided.
[Added 10-24-2011 by Ord. No. 188]
A unified, multiple use of a single property for the retail
sale of goods including provisions for off-street parking provided
on the property.
Any letter, word, model, device, symbol or representation
intended as an announcement, direction or advertisement, and may be
either freestanding, attached to another structure, or painted on
the exterior wall of a building or other structure.
A sign which offers services or goods produced or available
somewhere other than on the lot where the sign is located, including
billboards.
The face of a sign including all lettering,
wording, designs and symbols, together with background, whether open
or enclosed on which they are displayed, including the frame, but
not including any supporting framework and bracing. Where a sign consists
of individual letters, numbers, characters or symbols attached to
a building, the area of the sign shall be considered that of the smallest
rectangle or other regular geometric shape which encompasses all of
the letters and symbols. Double-faced signs shall have only one face
used to compute sign area.
For the purposes of determining the permissible
area of a sign under the provisions of this chapter, the area shall
be taken of that of the smallest imaginary rectangle whose sides would
touch the outer boundaries of the sign. Supports which are structural
in nature and which convey no message shall be excluded from the area
of the sign. In the case of a wall sign, where components are fastened
to or painted on a wall within a distinctive panel clearly different
in color and/or texture from the surrounding wall, the size shall
be based in the dimensions of the panel.
A sign which offers services or goods available on the lot
where the sign is located.
An informational sign indicating direction, entry, exit,
loading or service areas, fire lanes, parking and other information
incidental to the primary use and not itself advertising that use.
The height of a sign is the vertical distance measured from
the ground level to the highest point on the sign itself and/or its
supporting structure, whichever is higher.
A sign lawfully existing on the effective date of this chapter
which does not completely conform to the sign regulations applicable
in the district in which it is located.
A sign erected by the state, county, or other legally constituted
governmental body.
A sign designed to be displayed for less than 60 days, including
premises for sale, advertisements during construction, and political
signs.
The possession of real estate by one or more persons which
vested interest is separate and distinct from that of any adjoining
property.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
[Added 2-21-2017 by Ord.
No. 220]
Any facility or part of a facility in which professionally
supervised nursing care and related medical and other health services
are provided for a period exceeding 24 hours for two or more individuals
who are not in need of hospitalization and are not relatives of the
nursing home administrator, but who because of age, illness, disease,
injury convalescence or physical or mental infirmity need such care.
[Added 11-7-2005 by Ord. No. 161]
Those areas of land where the grade is 15% or greater and
less than 25%. Slopes shall be measured as the change in elevation
over the horizontal distance between consecutive contour lines and
expressed as a percent. For the purposes of all New Garden Township
ordinances, slope shall be measured over three or more two-foot contour
intervals (six cumulative vertical feet of slope).
[Added 2-25-2013 by Ord. No. 195; amended 8-18-2014 by Ord. No.
213; 6-20-2022 by Ord. No. 254]
Those areas of land where the grade is 25% or greater. Slopes
shall be measured as the change in elevation over the horizontal distance
between consecutive contour lines and expressed as a percent. For
the purposes of all New Garden Township ordinances, slope shall be
measured over three or more two-foot contour intervals (six cumulative
vertical feet of slope).
[Added 2-25-2013 by Ord. No. 195; amended 8-18-2014 by Ord. No.
213; 6-20-2022 by Ord. No. 254]
A facility, consisting of one or more solar panels and other
ancillary associated buildings and/or structures, including substations,
meteorological towers, electrical infrastructure, and transmission
lines, which generates electricity through solar energy. Solar energy
facilities provide electricity primarily for on-site use. The sale,
from time to time, of excess electricity generated by the facility
to an electrical utility company is permitted. Solar energy facilities
may also be used for the purpose of heating water.
[Added 10-24-2011 by Ord. No. 189]
Any waste, including, but not limited to municipal or residual
wastes, but specifically excluding hazardous wastes; including solid,
liquid, semisolid, or contained gaseous materials.
A location established for the gathering, sorting, packaging,
and reloading of solid waste material prior to transport to a processing
plant or landfill. Material brought to a transfer station shall not
remain there more than 30 days.
Permission, approval or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Article XX in situations where provision is made by terms of this chapter.
A person or company trained in a special trade such as but
not limited to, carpentry, masonry, plumbing, electrical, HVAC, excavating
or landscaping.
[Added 8-18-2014 by Ord. No. 213[9]]
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flagpoles, farm silos, and light poles.
[Added 2-21-2017 by Ord.
No. 220]
The portion of a building located between the surface of
any floor and the surface of the ceiling or roof next above.
A way or thoroughfare, either public or private, used or
intended to be used by vehicular or pedestrian traffic. The term
"street" shall also include the term "road," "highway," "thoroughfare,"
"avenue," "place," "parkway," "drive," "boulevard," and any other
similar term.
[Amended 10-18-2006 by Ord. No. 168; 3-12-2007 by Ord. No.
170]
A line which is an equal distance from both street lines.
The legal right-of-way line of a public street.
The elements of a street space, including the street or road,
adjoining buildings, and such features as street trees, street lights,
and sidewalks, which create the form and character of the space for
use by motorists and pedestrians both within the right-of-way and
within a portion of the front yards.
[Added 6-20-2022 by Ord. No. 254]
Any man-made object, assembly or combination of materials,
preformed or fabricated objects having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.
[Amended 11-12-2007 by Ord. No. 175]
The New Garden Township Subdivision and Land Development
Ordinance of July 1999, as amended.[10]
[Added 8-13-2001 by Ord. No. 142]
1) Any increase in the height of a wireless support structure
by more than 10% or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless communications facility may exceed the size limits set forth
in this chapter or the WBCA if necessary to avoid interference with
existing antennas; or 2) any further increase in the height of a wireless
support structure which has already been extended by more than 10%
of its originally approved height or by the height of one additional
antenna array. Changes in height should be measured from the original
support structure in cases where deployment is or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Federal
Spectrum Incentive Act.
[Added 2-21-2017 by Ord.
No. 220]
A temporary or permanent structure, not enclosed within a
building, containing or having the potential to contain a body of
water with a minimum depth of two feet.
A place with no customer seating where customers are served
ready-to-eat food and/or beverage at an exterior window or service
area to customers who remain in their vehicles for consumption off
site.
[Added 4-25-2016 by Ord.
No. 217]
Any activity, structure, fixed or moveable, that is to be
in place less than 10 consecutive days or less than 20 calendar days
in any one calendar year.
Any structure that exceeds 10 feet that is used for the purpose
of supporting one or more FCC-licensed or "authorized antennas and
their associated facilities, including but not limited to structures
constructed for private, broadcast and public safety services, as
well as unlicensed services (i.e., Wi-Fi) and fix wireless services
(i.e., point-to-point microwave transmissions), a building, water
tower, electrical transmission tower, traffic signal pole, flagpole,
self-supporting lattice towers, guy towers and monopoles, utility
poles and light poles. DAS and DAS hub facilities mounted to the ground
are considered to be tower-based WCFs.
[Added 2-21-2017 by Ord.
No. 220]
An area, lot, parcel, site, or property (or a combination
thereof) that is held by one owner or owners in common, that is the
subject of a subdivision and/or land development plan application
packet.
[Amended 6-20-2022 by Ord. No. 254]
The area of land contained within the title lines of a tract.
Any portion of a tract included in an existing street right-of-way
shall not be included in calculating gross tract area.[11]
[Added 11-7-2005 by Ord. No. 161]
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or -authorized wireless communications services,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services,
including, but not limited to, private, broadcast and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
[Added 2-21-2017 by Ord.
No. 220]
An area that is radial to the trunk of a tree in which no
construction activity or other disturbance shall occur. The TPZ shall
be 15 feet from the trunk of the tree to be retained, or the distance
from the trunk to a location three feet beyond the dripline of the
tree, whichever is greater. Where there is a group of trees, the TPZ
shall be the aggregate of the protection zones for the individual
trees. No land within the tree protection zone shall be altered, regraded,
compacted or built upon, or used for storage, parking or movement
of any vehicles.
[Added 8-12-2002 by Ord. No. 147]
The distance measured from the surface of the tower foundation
or roof mounting to the highest point of the turbine rotor blade.
[Added 10-24-2011 by Ord. No. 189]
The future plan width of a street, road, alley, crosswalk
or similar place as shown on the Official Map of the Township on file
with the Township, or as required by the Township ordinance or Subdivision
and Land Development Ordinance, whichever is greater.
[Added 11-7-2005 by Ord. No. 161]
An area of integrated uses designed and constructed on a
single tract in accordance with the specific intention, criteria and
conditions of the Unified Development Zone as set forth in this chapter,
which is developed and constructed by a single entity in accordance
with an approved master development plan.
[Added 11-7-2005 by Ord. No. 161]
Within a given area, minimum footcandle levels do not fall
below a set percentage of the average footcandle level for the same
area.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Any agency that under public franchise or ownership or under
certificate of convenience and necessity or by grant of authority
by a governmental agency directly provides the public with electricity,
gas, heat, steam, communication, transportation, water, sewage collection
or other similar service.
[Added 10-18-2021 by Ord. No. 250]
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter, as applied to a specific property, in accordance with the provisions of Article XX.
A nonresidential use on the ground floor of a building, such
as a shop, store, studio, office, cafe, personal service establishment,
or other place of business, in combination with a dwelling unit or
units located in upper levels above such places of business.
[Added 6-20-2022 by Ord. No. 254]
A building used primarily for the storage of goods and materials.
A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this Zoning Ordinance § 200-9, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.
[Added 2-25-2013 by Ord. No. 195]
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1
et seq.).
[Added 2-21-2017 by Ord.
No. 220]
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances, do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs, ponds, and similar areas. Wetlands include all lands regulated
as wetlands by the Pennsylvania Department of Environmental Protection
or the United States Army Corps of Engineers. In the event there is
a conflict among these definitions, the most restrictive definition
shall apply.
[Added 2-25-2013 by Ord. No. 195]
The transitional area extending from the outer limits of
a wetlands for a distance of 75 feet or to the limits of hydric soils,
whichever is greater.
[Added 2-25-2013 by Ord. No. 195]
Selling and/or distributing goods, merchandise and material
to other enterprises or businesses for resale; but not including direct
sales to the public.
[Added 10-24-2011 by Ord. No. 188]
A facility which generates electricity through wind energy.
Wind energy facilities shall consist of one or more wind turbines
and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, and transmission
lines. Wind energy facilities provide electricity primarily for on-site
use. The sale, from time to time, of excess electricity generated
by the facility to an electrical utility company is permitted.
[Added 10-24-2011 by Ord. No. 189]
A wind energy system that converts wind energy into electricity
through the use of a wind turbine generator, and includes the nacelle,
rotor, tower and pad transformer, if any.
[Added 10-24-2011 by Ord. No. 189]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PC, microwave, satellite, or
radio signals.
[Added 2-21-2017 by Ord.
No. 220]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless communications services.
[Added 2-21-2017 by Ord.
No. 220]
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 2-21-2017 by Ord.
No. 220]
A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete or nearly complete aerial canopy. Any area, grove, or stand of mature or mostly mature trees (i.e., larger than six inches diameter at breast height) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than 18 inches diameter at breast height, shall be conserved as a woodland. For the purposes of this Zoning Ordinance, Chapter 200, the extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the community.
[Added 2-25-2013 by Ord. No. 195]
Any activity which alters the existing structure of a woodland
or hedgerow. Such alterations include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, woody and herbaceous
woodland floor species. Woodland disturbance also includes any activity
which constitutes a land disturbance (exposes soils or alters topography)
within a woodland or hedgerow. Woodland disturbance does not include
timber harvesting or the selective cutting or removal of invasive
plant species when conducted in accordance with a timber harvest plan.
[Added 2-25-2013 by Ord. No. 195]
A yard extending the full width of the front lot line and
extending in depth from such lot line to the nearest point of any
buildings on the lot.
A yard extending the full with of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any building on the lot.
A sale of personal property offered at a private residence
or place of business. Such sales may be held for two days on any weekend,
two times a year.
A yard extending the full depth of the lot along a side lot
line and extending in width from such lot line to the nearest point
of any building on the lot.
[1]
Editor's Note: See 46 U.S.C. § 3601 et seq.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5911
et seq.
[3]
Editor's Note: The definition of ”community
care facility,” which immediately followed this definition,
was repealed 11-7-2005 by Ord. No. 161.
[4]
Editor's Note: The former definition of "dwelling,
two-family detached (duplex)," which definition immediately followed
this definition, was repealed 10-18-2006 by Ord. No. 168 and 3-12-2007
by Ord. No. 170.
[5]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[6]
Editor's Note: The former definition of "lot
area/lot size," as amended, which definition immediately followed
this definition, was repealed 10-18-2006 by Ord. No. 168 and 3-12-2007
by Ord. No. 170.
[7]
Editor's Note: The former definition of "moderate slopes,"
added 8-13-2001 by Ord. No. 142, which definition immediately followed,
was repealed 8-18-2014 by Ord. No. 213.
[8]
Editor's Note: The definition of ”nursing
home,” which immediately followed this definition, was repealed
11-7-2005 by Ord. No. 161.
[9]
Editor's Note: This ordinance also repealed the former definition
of “steep slopes” as amended, which immediately followed.
[11]
Editor's Note: The former definition of "tract
area, net," added 8-13-2001 by Ord. No. 142, which definition immediately
followed this definition, was repealed 10-18-2006 by Ord. No. 168
and 3-12-2007 by Ord. No. 170.
