Borough of West Chester, PA Article II Definitions

§ 97-8 Terms defined.

A. As used in this chapter, the following terms shall have the meanings indicated below:

ABANDONMENT

The cessation of a use of a property (land and/or structures) by the landowner, with the intention of neither resuming the use nor transferring rights of the property to another person who will so use the property.

ABUTTING

Having property or district boundary lines in common.

ABUTTING OWNER

The owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of street (public or private) on which the subject parcel has frontage, i.e., a lot across from the subject parcel.

ACCELERATED EROSION

Removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur from natural processes alone.

ACCELERATION LANE

An added roadway lane which permits integration and merging of slower moving vehicles into lanes of the main vehicular flow.

ACCESS

A way of approaching or entering a property or lot of record which must have direct access to a public street or highway or private street meeting public street standards. "Access" includes ingress, right to enter, and egress, right to leave.

ACCESS MANAGEMENT

Coordination between street design and land use to improve vehicular transportation, typically by limiting the number of driveways on primary streets, creating more pedestrian-oriented streetscapes, and creating improved connections of parking lots to one another, to alleys, and/or to service lanes or driveways.

ACCESSORY USE STRUCTURE

Any building or other structure that is related to an accessory use and is located on the same lot as a principal permitted use, such as detached garages, sheds, fencing, walls, tennis courts, basketball courts, swimming pools, pavements and other stationary man-made structures.

ADDITION

Any construction which increases the size of an existing building.

AGENT

Any person or entity, other than the landowner or developer, who, acting upon written authority from the landowner or developer, files subdivision and/or land development plans with the Borough for the purpose of obtaining approval thereof.

ALLEE

An arrangement of street trees, whereby a canopy effect is created due to the regular, cumulative, spacing of the street trees.

ALLEY

See "street, alley."

ALTERNATIVES

Choices between or among two or more plans, layouts, approaches, solutions and/or results.

ANTECEDENT CONDITIONS

Specified characteristics of the land surface (e.g., meadow) prior to a proposed disturbance or prior to a rainfall event (e.g., amount of moisture in the soil); the basis for calculating increases in runoff attributable to the disturbance from storms which must be controlled.

APPLICANT

A landowner or developer, including heirs, successors, assigns and grantees, who has filed a complete application for subdivision and/or land development, as hereinafter defined or a complete application for a special exception, variance or conditional use.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, which is required by the Borough to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit; a use and occupancy permit; approval of a conditional use; approval for a special exception, variance or other action by the Zoning Hearing Board; or for subdivision or land development plan approval.

APPROVED LIST OF PUBLIC TREES

Those trees listed on the Approved Public Tree List which is amended from time to time by the Borough Tree Commission and is found in Appendix B of this Chapter 97.

[Added 12-17-2019 by Ord. No. 20-2019]

APPROVED LIST OF STREET TREES

Those trees listed on the Approved Street Tree List which is amended from time to time by the Borough Tree Commission and is found in Appendix B of this Chapter 97.

[Added 12-17-2019 by Ord. No. 20-2019]

BENEFICIAL EFFECTS

Results contributing to an improvement in condition and/or producing a favorable result, such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.

BERM

A mound of earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting plant materials and/or a type of fencing to aid in screening.

BIKE LANE

A division of a street marked off with painted lines, for use by cyclists.

BIORETENTION

The process during which contaminants and sedimentation are removed from stormwater runoff. Bioretention can be achieved through the implementation of rain gardens, as well as treatment areas involving a grass buffer strip, sand bed, ponding area, organic layer, and/or plants.

BIOSWALE

A landscape feature consisting of a drainage course with gently sloping sides (less than 6%) and filled with riverstones and/or vegetation. The channeled depression or trench receives rainwater runoff, and is designed to slow, remove/filter silt and pollutants, and infiltrate stormwater runoff. A bioswale is a stormwater runoff conveyance system and a form of green infrastructure/bioretention that provides an alternative to storm sewers.

BLOCK

An area of land surrounded by streets, or surrounded by streets and alleys.

BOROUGH

The Borough of West Chester, Chester County, Pennsylvania.

BOROUGH ARBORIST

The person appointed by the Borough Council to advise the Director of Public Works on the administration and enforcement of Chapter 102 of the Borough Code, titled "Trees."

[Added 12-17-2019 by Ord. No. 20-2019]

BOROUGH ENGINEER

A licensed professional engineer registered in Pennsylvania and duly designated by the Borough of West Chester to perform the duties of engineer as herein specified.

BUFFER

An earthen mound, berm, fence, wall and/or buffer planting strip which is a barrier to visibility, glare, noise or airborne particles between lots or uses of land.

BUFFER AREA

A strip of required yard space adjacent to and within the boundary of a property or district, no less in width than is designated in Chapter 112 of the Borough Code, titled "Zoning," which is landscaped for the full width and forms a continuous visual buffer to provide maximum protection and immediate visual screening to an abutting property, district or street. The required buffer area shall be permanently maintained.

BUFFER PLANTING STRIP

A strip of land within the required buffer area which is landscaped with trees and shrubs and which is maintained according with Chapter 112 of the Borough Code, titled, "Zoning."

BUILD-TO LINE

A line within which the exterior wall of a building is required to coincide that runs parallel to the property line, as measured perpendicularly to the curb or edge of a street cartway, that enables the alignment of buildings on a block in order to maintain the traditional character of the streetscape of the Borough.

BUILDING

Any structure having a roof supported by enclosing walls or columns, contained within lot lines.

BUILDING CODE

Chapter 43, Building Construction, of the Code of the Borough of West Chester.

BUILDING SETBACK LINE

The line bounding that portion of a lot not contained within the required front, side and rear yards and thereby forming the building envelope within which the principal building shall be located.

CALIPER

The diameter of a tree trunk measured at a point six inches from the ground surface at the center of the base of the tree. This dimension is used to measure nursery stock for new plantings.

[Amended 12-17-2019 by Ord. No. 20-2019]

CARTWAY

The paved surface of a street available for vehicular traffic.

CATCH BASIN (DETENTION AND RETENTION)

An inlet which has a sump below the pipe to collect debris and is designed to intercept and redirect surface waters.

CENTER LINE OF STREET

A line in the center of a street which is equidistant from and parallel to the street lines.

CERTIFICATE OF OCCUPANCY

A document issued by the Borough certifying compliance with applicable codes and ordinances, and indicating that a building and the use of the building is in a condition suitable for occupancy.

CHANNEL

An area which conveys the normal continuous or intermittent flow of water.

CLEAR-SIGHT DISTANCE

A measurement that shall be made from a point 3.5 feet above the center line of the proposed street surface to a point six inches above the center line of the approach lane of the existing street surface, measured from a point 10 feet back from the edge of the existing street and being equal to the minimum standards of the Pennsylvania Department of Transportation and the Borough, whichever is greater.

Source: PENNDOT

CLEAR-SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street center lines.

CLOSE

A type of street for counterclockwise vehicular circulation within which a green is centered, and around which buildings are located on three sides, and on-street parking is located either parallel to the curb line or in an angled parking arrangement.

COMMON DRIVEWAY

A driveway shared by two of more lots or two or more buildings.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water within a development site designed and intended for the use or enjoyment of residents.

COMPLETE STREET

A transportation innovation that is focused on allowing for safe travel by those driving automobiles, cycling, and walking, as well as enhancing the street with such features as green infrastructure, crosswalks, street trees, and street lights.

COMPREHENSIVE PLAN

The Borough of West Chester Comprehensive Plan, as may be amended from time to time, including maps, tables and text which constitute a policy guide for decisions regarding such items as land use, circulation, community facilities, and utilities within the Borough.[1]

COMPREHENSIVE TREE PROGRAM

A program that addresses all management and care needs of the Borough urban forest and reflects the goals of the community.

[Added 12-17-2019 by Ord. No. 20-2019]

CONDOMINIUM

Any dwelling unit, regardless of dwelling type, which has all of the following characteristics:

(1) The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.

(2) All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., as amended and in accordance with the provisions of open space, streets or other development features in Chapter 112 of the Borough Code, titled, "Zoning," and this chapter.

CONSERVATION PLAN

A plan filed as and forming a part of the preliminary plan and the final plan detailing the measures to be taken by the landowner or developer for the purposes of the protection of watercourses, notable trees and other important natural features and for the control and other management of surface water runoff, erosion and sedimentation.

CONSTRUCTION

All work necessary for the erection, alteration, structural alteration or exterior finishing of any building or structure or portion thereof, including the placement of a mobile home.

CONVERSION

An alteration of a building, structure or land by change of use or by increasing dwelling units.

CORNER LOT

See "lot, corner."

COURTYARD

An enclosed area often with fences or building walls on two sides, typically paved, through which pedestrians walk.

CROSSWALK

A marked part of a street to signify where pedestrians have a right-of-way to cross, often formed by line striping and/or unit pavers.

CUL-DE-SAC

See "street, cul-de-sac."

CULVERT

A structure designed to convey water under a street or pedestrian walk.

CURB

A stone, concrete boundary, or similar material marking the edge of the cartway or paved area.

CURB CUT

A gap in a curb that enables vehicular access to an alley or a driveway; and a gap in a curb that provides pedestrian access to a sidewalk in compliance with ADA requirements.

CUT

A portion of land or other area from which earth has been removed or will be removed by excavation or the depth below the original ground surface or excavated surface.

DAMAGED TREE

A tree harmed or damaged by disease, insect infestation or abiotic factors like faulty pruning, storms, flooding, lightning, car accidents, improperly developed root systems, premature or late frost, and other unusual climate conditions.

[Amended 12-17-2019 by Ord. No. 20-2019]

DARK SKY LIGHTING

Lighting that is shielded on the top and sides so that illumination is not upward, in order to minimize light pollution.

DECELERATION LANE

An added roadway lane that permits vehicles to slow down and leave the main vehicular flow.

DEDICATION

A gift or other donation of property by the owner thereof to the Borough or other entity, which is formally accepted by the Borough or other entity.

DESIGN PROFESSIONAL, REGISTERED

See "registered design professional."

DESIGN STANDARDS

The provisions of Article IV and Appendix A[2] to Article IV.

DESIGNATED OPEN SPACE

Areas allocated to meet the requirements for open space in the NC-1 District through the cluster development option, designed for the use or enjoyment of residents of the subdivision or land development in accordance with Chapter 112 of the Borough Code, titled "Zoning."

DEVELOPER

Any landowner, equitable owner or authorized agent of such landowner or tenant, with permission of the landowner, who formally proposes or makes or causes to be made a subdivision, land development or any other development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction or alteration of buildings or other structures; the placement of mobile homes, streets or other paving, utilities, filling, grading, regrading, excavation, mining, dredging or drilling operations; and the subdivision of land; provided, however, that the following shall not be considered as development: routine maintenance; incidental grading related to gardening, cultivation and the like; and minor structural alterations to a building.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of a tree trunk measured at a point 4 ½ feet from the ground surface at the base on the trunk. This dimension is used to measure the size of existing plantings.

[Amended 12-17-2019 by Ord. No. 20-2019]

DIRECTOR OF BUILDING HOUSING AND CODE ENFORCEMENT

A Borough of West Chester official or designated representative whose duties include the administration of this chapter.[3]

DISEASED CONDITION

A pathological condition in a tree causing decline from normal growth patterns.

[Added 12-17-2019 by Ord. No. 20-2019]

DIVERSION CHANNEL

A channel constructed on, across or at the bottom of a slope.

DOWNTOWN

The Town Center Zoning District of the Borough of West Chester.

DRAINAGE EASEMENT

A right-of-way granted to use private land to facilitate the flow of water as deemed necessary by the Borough Engineer within which the owner shall erect no permanent structures but may use the land in any other way not inconsistent with the grantee's rights.

DRAINAGEWAY

Any watercourse or trench, ditch, swale, pipe flow or other similar depression or structure in which water flows in a definite direction, either continuously or intermittently, and has a definite channel, bed and banks and includes any area adjacent thereto subject to inundation by reason of overflow.

DRIPLINE

The area defined by the outmost circumference of the tree canopy where water drips from the tree and onto the ground.

[Added 12-17-2019 by Ord. No. 20-2019]

DRIVEWAY

A private accessway for vehicles which connects a street to an alley or another street, or to a parking space, garage, dwelling or other building.

DRIVEWAY, SHARED

A private accessway for vehicles which connects a street with two or more parking spaces, garages, dwellings or other structures on separate lots.

DWELLING UNIT

One or more rooms in a building, designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities, with no enclosed space (other than vestibules, entrances or other hallways or porches) in common with any other dwelling unit. No dwelling unit shall have more than 50% of its exterior below the level of the exterior grade.

DWELLING UNIT TYPES

Refer to Chapter 112 of the Borough Code, titled "Zoning."

EARTHMOVING ACTIVITY

Land disturbance activity resulting in the movement of earth or stripping of vegetative cover from the earth.

EASEMENT

A right, privilege or other interest granted or reserved for the use of land for a particular purpose or to prevent the use of land for a particular purpose.

EASEMENT, CONSERVATION

A voluntarily derived set of use restrictions placed upon the identified land area through which no positive or appurtenant rights are conveyed to the grantee.

EFFECTIVE DATE

The effective date of this chapter, except that as to amendments, the effective date shall be the date when the particular amendment became or becomes effective.

ELECTRIC VEHICLE CHARGING LEVELS

[Added 2-21-2024 by Ord. No. 01-2024]

(1) LEVEL 1 A method that provides charging for an EV battery using a 120V single-phase electric service with a 15A or 20A circuit breaker. This method is considered slow-speed charging and does not require any special EV charging equipment.

(2) LEVEL 2 A method that provides charging for an EV battery using a 240V/208V single-phase or three-phase electric service with a 40A to 100A circuit breaker. This method is considered medium-speed charging and requires the installation of specialized EV charging equipment at the EVCS.

(3) LEVEL 3 A method also known as direct current fast charging (DCFC) that provides charging for an EV battery using a 480V three-phase electric service. This method is considered high speed and requires the installation of highly specialized, high-powered EV charging equipment.

ELECTRIC VEHICLE CHARGING STATION (EVCS)

An electric vehicle battery charging station serving an electric vehicle parking space.

[Added 2-21-2024 by Ord. No. 01-2024]

ELECTRIC VEHICLE (EV)

A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes.

[Added 2-21-2024 by Ord. No. 01-2024]

ELECTRIC VEHICLE PARKING SPACE (EVPS)

Any designated parking space that is provided to allow EV access and use of an EVCS.

[Added 2-21-2024 by Ord. No. 01-2024]

ENGINEER

A licensed professional engineer licensed in Pennsylvania.

ENVIRONMENTAL IMPACT ASSESSMENT REPORT

See "impact assessment report."

EXCAVATION

Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation from water or land or beneath the surfaces thereof, whether exposed or submerged.

FENCE

A freestanding and uninhabited structure consisting of materials such as wood, metal, plastic, wire, wire mesh, masonry or vegetation or in combination with other materials, 2 1/2 feet high or higher, erected to secure or divide one property from another or part of a property from a remaining part, to assure privacy, to protect the property so defined or to enclose all or part of the property. A freestanding masonry wall shall be considered to be a "fence."

FILL

Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of any portion of the land.

FLOOD, 100-YEAR

The highest level of flooding that, on the average, is likely to occur once every 100 years, i.e., that has a 1% chance of occurring each year, as delineated by maps and related materials developed by the Federal Emergency Management Agency or the Federal Insurance Administration for the National Flood Insurance Program.

FLOODPLAIN AREA

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 unusual and rapid accumulation or surface waters from any source.

FLOODWAY

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.

FLOOR AREA

The sum of the gross livable areas of the several floors of a building or buildings, measured from the face of the exterior walls or from center lines of walls separating two buildings. In particular, "floor area" includes but is not limited to the following:

(1) Basement space, if it meets the requirements of a building story.

(2) Elevator shafts, stairwells and attic space, whether or not a floor has been laid, providing structural headroom of eight feet or more.

(3) Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.

(4) Any other floor spaces used for dwelling purposes, no matter where located within the building.

(5) Accessory buildings, excluding space used for accessory off-street parking or used for loading berths.

(6) Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.

FULL CUTOFF

A term used by the lighting industry to describe 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 light intensity is emitted at an angle 10° below that horizontal plane, at all lateral angles around the fixture.

GRADING

The changing of the surface of the ground by cutting, filling or excavation, including land in its cut or filled condition.

GREEN

A type of green space that is typically 2,000 square feet or more in size, and typically 1% to 3% in slope.

GREEN INFRASTRUCTURE

An approach to water management that protects, restores, or mimics the natural water cycle, often comprised of features such as green roofs, raingardens, bioretention, bioswales, and tree trenches.

GREEN ROOF

A living roof of a building that is partially or completely covered with vegetation and growing medium, planted over a waterproofing membrane.

GREEN SPACE

That portion of a tract or lot which is maintained or landscaped with shrubs, trees, ground cover, soil, mulch, grass, vegetable gardens and/or flower beds and is not occupied by any buildings, pavement or other impervious surfaces, except in the Town Center District, as provided for in Chapter 112 of the Borough Code, titled "Zoning."

GREEN WALL

A living wall that is a self-sufficient vertical garden either attached to a wall of a building or a trellis-like structure.

GROSS ACREAGE

The acreage of a lot within the title lines.

GROSS DENSITY

A measure of the number of dwelling units per acre calculated by dividing the total number of dwelling units on a site by the site area, minus all portions of the site within the rights-of-way or easements of streets.

GROUNDWATER RECHARGE

Replenishment of geologic structures and rock or soil interstices which have the capacity to store water or permit the transfer of water to a geologic storage area.

GUARANTY, COMPLETION

The financial security that may be accepted by the Borough as a guaranty that improvements required as part of an application for subdivision and/or land development are completed to the satisfaction of the Borough. Such financial security shall be of the type permitted by Section 509 of the PA MPC.[4]

GUARANTY, MAINTENANCE

The financial security that may be accepted by the Borough as a guaranty that improvements required as part of an application for subdivision and/or land development will be in first-class condition, state of repair and working order for a specific period of time. Such financial security shall be similar to that accepted for a completion guaranty, and shall be guided by Section 509.(K.) of the PA MPC.[5]

GUTTER

That portion within a street right-of-way, outside the cartway, designed for surface drainage, whether paved with upright curb or concrete with a rolled curb.

HALF OR PARTIAL STREET

A street, generally parallel and adjacent to a property line, having less right-of-way width than normally required for a satisfactory improvement and use of the street.[6]

HAZARDOUS TREE

A street tree or part of a street tree that may fail or fall due to a diseased condition, mortality, a structural defect or other condition that, as a result, may cause property damage or personal injury.

[Added 12-17-2019 by Ord. No. 20-2019]

HEDGE

A closely planted row of wood plants, typically shrubs, forming a vegetated screen or buffer.

HEIGHT OF BUILDING

The vertical distance measured from the average level of finished grade along all the exterior walls of a building to:

(1) The highest point of the roof, in case of a flat roof.

(2) The mean height between eaves and ridge, in the case of a pitched roof.

(3) The highest point of any structure which rises wholly or partly above the roofline and whose area equals or exceeds 20% of the ground floor area of the building which supports it.

HERITAGE TREE

A tree with a DBH of 24 inches or greater located within the Borough on private or public land except for trees that are listed on the list titled "List of Trees that are Excluded From Heritage Tree Designation," which shall be attached to this chapter as an appendix.[7]

[Amended 12-17-2019 by Ord. No. 20-2019]

HOMEOWNERS' ASSOCIATION

A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations for the purpose of administering the needs of residents through the maintenance of community-owned property. This term is synonymous with property owners' association.

IMPACT

The power of an event or condition to produce changes in other conditions. In the context of impact when exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.

IMPACT ASSESSMENT REPORT

An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and Chapter 112 of the Borough Code, titled "Zoning."

IMPERVIOUS COVERAGE

The amount of the lot area covered by impervious surfaces which have materials that do not normally absorb rainfall, such as buildings, roofs, paved areas such as streets and parking lots, paved walks, and similar surfaces.

IMPOUNDMENT

A body of water, such as a pond, detention or retention basin, confined by a headwall, dike, floodgate or other barrier, in the nature of a dam.

IMPROVEMENTS

Physical additions and changes to land, such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, street trees and other plantings and other structures, that may be necessary to produce usable and desirable land development.

IMPROVEMENTS, PUBLIC

Improvements, including but not limited to grading, paving, roads, streets, alleys, curbing, fire hydrants, water mains, sanitary sewers, storm sewers and other surface drainage facilities, retaining walls, street signs, monuments or the like, intended for dedication to the Borough.

INDUSTRIAL PARK

A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses with special attention to circulation, parking, utility needs, aesthetics and compatibility.

INDUSTRIAL WASTES

Any solid, liquid or gaseous substance discharged, allowed to flow or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.

INFILTRATION STRUCTURE

A structure designed to direct the flow of rain into storage in geologic structures where soils are proven to accommodate the proposed infiltration.

INVERT

The lowest visible surface of a drainage conduit or channel.

LAKES AND PONDS

Natural and/or artificial bodies of water which retain water year-round. Artificial "ponds" may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the spillway crest elevation rather than the permanent pool if there is any difference. "Lakes" are bodies of water two or more acres. "Ponds" are any water bodies less than two acres.

LAND DEVELOPMENT

(1) Any of the following activities:

(a) 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.

(b) A subdivision of land.

(c) Development in accordance with Section 503 (1.1) of the Pennsylvania Municipalities Planning Code.[8]

(2) Provided, however, that the addition of an accessory building, including farm buildings, on any lot or lots subordinate to an existing principal building, where such accessory building is 500 gross square feet or less in area and which does not require any alteration to vehicular ingress or egress, shall not be considered a land development.

LAND DEVELOPMENT PLAN

A sketch, preliminary or final plan submitted in compliance with the requirements of this chapter, showing provision for development of a tract of land. See also "subdivision plan."

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a lessee, if he is authorized under the lease to exercise the rights of the landowner; or other person having a proprietary interest in the land shall be deemed to be a "landowner" for the purposes of this chapter.

LANDSCAPE ARCHITECT

A design professional duly registered by the Commonwealth of Pennsylvania to practice landscape architecture.

LANDSCAPED AREA

That portion of a tract or lot in which plantings have been installed in accordance with the provisions for landscaping in this chapter and Chapter 112 of the Borough Code, titled "Zoning." The "landscaped area" includes the buffer planting strip and 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.

LANDSCAPING

The planting of trees, shrubbery, ground cover, turfgrass, and the like, including the maintenance and replacement thereof, for the control of soil erosion, retention of precipitation or surface water runoff, promotion of human comfort and welfare, screening of glare, baffling of noise, creation of shade, articulation of space, screening of parking and loading areas, or for other functional or environmental reasons.

LANDSCAPING PLAN

A plan for the installation and maintenance of plantings, prepared according to the provisions of this chapter and Chapter 112 of the Borough Code, titled "Zoning."[9]

LARGE TREE

A tree with a DBH of 20 inches or greater.

[Added 12-17-2019 by Ord. No. 20-2019]

LOAD-BEARING FILL

Any facility, earthwork or fill placed in a controlled manner and compacted to support structural foundations and the buildings and other structures thereon, vehicular traffic or improvements in accordance with the highest standards of professional engineering.

LONG-TERM EFFECTS

Results which are manifest for or extend over a long period of time.

LOT

A contiguous area of land, undivided by any street or private road or dedicated future street right-of-way. Such parcel shall be held in single and separate ownership and separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County.

LOT AREA

The area of land contained within the property lines of a lot, including the area of any easement, but excluding any area within an existing or designated future street or a transportation right-of-way.

LOT DEPTH

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT LINE

A property boundary line shown on a recorded plan or described in a recorded deed. In the case of any lot abutting a street, the "lot line" for such portion of the lot as abuts such street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street right-of-way.

LOT WIDTH

The distance measured between the side lot lines at the required building setback line. When there is only one side lot line, as in the case of a corner lot, the width shall be measured between such lot line and the opposite lot line.

LOT, CORNER

A lot abutting upon two or more intersecting streets or upon two parts of the same street, at the point of an abrupt change in direction, forming an interior angle at the corner point of less than 135°.

LOT, FLAG OR INTERIOR

Any lot which has limited frontage and connection to a street by means of an access strip of the required minimum lot width at the street line.

LOT LINE, FRONT

That boundary line of the lot parallel to the street line, provided that any portion of the lot which crosses the street line will have the street line as its "front lot line." In the case of a corner lot, both street lines shall be deemed the "front lot line."

LOT LINE, REAR

A lot line opposite and most distant from the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the "rear lot line."

LOT LINE, SIDE

Any lot line which is not a street line or a rear lot line.

LOT, REVERSE FRONTAGE

A lot extending between and having frontage on two generally parallel streets.

LOW IMPACT DESIGN (LID)

A design approach to manage stormwater runoff as part of the protection of water quality and enhancement of green infrastructure.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. See also "mobile home park."[10]

MEDIUM TREE

A tree with a DBH of 10 inches or more but less than 20 inches.

[Added 12-17-2019 by Ord. No. 20-2019]

MIXED USE

The attribute of a lot or building that involves the combination of uses, typically in the downtown with ground floor nonresidential use.

MIXED-USE BUILDING

The attribute of a building that involves the combination of uses, either vertically or horizontally.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

MONUMENT (MARKER)

A structure which marks and identifies lot lines and street lines or corners of lots and streets in accordance with the design standards of this chapter.

NATURAL FEATURES

Features that are described in § 97-35 of this chapter 97.

OFFICIAL MAP

The map adopted by Borough Council in accordance with Article IV of the Pennsylvania Municipalities Planning Code,[11] dated May 31, 2017, as may be amended, which depict such features as public lands for streets, parks, sidewalks, trails, and flood controls, as set forth in Chapter 17 of the Code of Ordinances.

OFFICIAL SEWAGE FACILITIES PLAN

The plan adopted by the Borough and approved by the Pennsylvania Department of Environmental Resources which sets forth recommendations for the provision of adequate sewage systems in the Borough in accordance with the Pennsylvania Sewage Facilities Act, Act 537.[12]

OPEN SPACE

Natural or landscape areas restricted in perpetuity to natural resource protection, conservation or recreation or used for noise and/or visual buffers or for other purposes as described in the open space provisions of Chapter 112 of the Borough Code, titled "Zoning."

PARKING ACCESS AISLE

An accessible space located adjacent to a designated space, that is wide enough to permit a person using a wheelchair to enter or exit a vehicle.

PARKING AREA

Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

PARKING LOT

An off-street, ground-level open area that provides temporary storage for motor vehicles.

PARKING SPACE

A reasonably level space with a paved surface available for parking of one motor vehicle, exclusive of passageways, driveways, or other means of circulation or access. A "parking space" shall include either covered garage spaces or uncovered parking lot space which is directly accessible from a street or aisle in a parking lot.

PARKING, OFF-STREET

A parking area or parking lot located outside of the street right-of-way.

PARKING, ON-STREET

Parking for motor vehicles that is typically parallel to the curbline located within the street right-of-way.

PARKING, SHARED

The joint utilization of a parking area for more than one use.

PAVED SURFACE

An impervious surface which manifests itself with materials such as concrete, asphalt, flagstone, brick, stone or like composition.

PEAK DISCHARGE

The maximum rate of flow of water at a given point and time resulting from a predetermined storm.

PEDESTRIAN GATHERING AREA

An outdoor Public Space within which pedestrians can sit, relax, dine, and/or engage in leisure-time activities, in the form of such spaces as a plaza, square, courtyard, park, green, playground or tot-lot.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE (MPC)

Pennsylvania Act 247 of 1968 (P.L. 805), as amended, also cited as 53 P.S. § 10101 et seq.

PERGOLA

A structure in a public space, pedestrian gathering area, or garden, consisting of a framework held aloft by posts or columns, and over which an awning may be placed, or over which vines or plants may be trained.

PERMEABLE

Porous or pervious to water or to other liquids.

PERMEABLE, PERVIOUS, OR POROUS PAVING

A method of paving vehicular and pedestrian paths with a highly porous or pervious material in order to allow for infiltration of stormwater. The pervious material allows stormwater to percolate through the surface area, and drain through a stone base layer for on-site infiltration and filtering.

PERSON

Any individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors or any of them, of partnerships, associations, corporations or other form of entity.

PIER

A vertical landscape or architectural element, such as a pillar or column, either used as a freestanding structure to enunciate an entrance, intersection or gateway, or used in combination with a fence and plantings.

PLAN, AS-BUILT

A plan prepared by a surveyor or engineer showing locations, dimensions and elevations of all improvements as actually constructed.

PLAN, CONSTRUCTION DETAIL

A plan prepared by a surveyor or engineer showing construction details, such as but not limited to typical cross sections, tree protection, manholes, drain types, etc., which would allow a contractor to build the same.

PLAN, FINAL

A complete and exact land development or subdivision plan prepared by a registered engineer or registered land surveyor for official recording to define property rights and proposed streets and other improvements.

PLAN, IMPROVEMENT CONSTRUCTION

A plan view and profile plan prepared by a civil engineer showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by Article IV which shall include horizontal plans, profiles and cross sections.

PLAN, OFFICIAL SEWAGE FACILITIES

See "official sewage facilities plan."

PLAN, PRELIMINARY

A tentative land development or subdivision plan prepared by an engineer or surveyor, in lesser detail than a final plan, showing approximate proposed streets, drainage, sewerage proposals and lot layout as a basis for consideration prior to preparation of a final plan.

PLAN, PROFILE

A plan prepared by an engineer or surveyor showing the vertical section of the existing grade and proposed grade along the center line of any proposed street and appurtenances to be constructed or installed, which must include a typical cross section of the street construction.

PLAN, SKETCH

An informal plan, not necessarily to exact scale, indicating topographic and other salient existing features of a tract and its surroundings and general layout of the proposed subdivision or land development.

PLANNING COMMISSION

The Planning Commission of the Borough of West Chester.

PLAZA

A type of pedestrian gathering area that is typically paved, and is outfitted with benches, shade trees, lighting, and other pedestrian-related features and amenities.

POROUS PAVING

See "permeable paving."

PROJECT

A subdivision, a land development or any development involving the construction or alteration of buildings or other structures or the grading of land to accommodate a building, structure or use.

PUBLIC ART

Art in any media that is planned, designed, installed, and maintained with the intention of being on display in the public domain, typically outside and accessible to all, in accordance with the requirements of the Public Art Commission.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. 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 be not more than 30 days or less than seven days from the date to the hearing or meeting.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.

PUBLIC SEWAGE DISPOSAL SYSTEM

A system for the collection, conveyance, treatment (at a sewage treatment plant) and disposal of wastes from customers, in compliance with prevailing federal, state and municipal regulations, operated by the Borough of West Chester, a public utility or municipal authority.

PUBLIC SPACE

An outdoor pedestrian gathering area, or a streetscape.

PUBLIC STREET

Any land dedicated to public use or passage, including but not limited to streets, alleys, or other vehicular rights-of-way, whether constructed, dedicated or proposed.

PUBLIC TREE

A tree located in or along any public park, trail, greenway or open space in the Borough, owned, leased or managed by the Borough or another governmental entity.

[Amended 12-17-2019 by Ord. No. 20-2019]

PUBLIC WATER SUPPLY SYSTEM

A system for water distribution and water supply which is owned, administered and operated by a public utility or municipal authority.

PUBLIC WAY

A public street, alley, or other right-of-way that enables visibility to a historic building and/or a historic structure.

RAIN GARDEN

A planted depression that enables stormwater runoff to be absorbed by bioretention methods.[13]

RECREATION FEE-IN-LIEU

The funds that are offered to the Borough, in lieu of the provision of recreational land for a land development, in accordance with the requirements of Article IV, and in accordance with the fee schedule adopted by Borough Council.

RECREATION, ACTIVE

Recreational pursuits that require physical alteration to the area in which they are performed. Such areas are intensively used and include but are not limited to playgrounds, tennis courts, basketball courts, swimming pools, and athletic fields.

RECREATION, PASSIVE

Recreational pursuits which can be carried out with little alteration or disruption to the area in which they are performed, such as hiking, biking and picnicking.

REDEVELOPMENT

The re-use, alteration, enlargement or extension of a building by 1/3 (33 1/3%) or more of the gross floor area of the building.

REGISTERED DESIGN PROFESSIONAL

An individual who is registered or licensed to practice their respective design profession (such as an architect, engineer, landscape architect, surveyor, or certified planner) in accordance with the statutory requirements of the professional registration laws of the Commonwealth of Pennsylvania.

RESUBDIVISION

The further division of lots or the relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded or the alteration of any streets or the establishment of any new streets within any such subdivision. "Resubdivision" does not include conveyances made so as to combine entire existing lots by deed or other instrument.

RETENTION BASIN

A reservoir, formed from soil or other material, which is designed to retain permanently a certain amount of stormwater from a catchment area and which also may be designed to detain temporarily additional stormwater runoff from the catchment area. "Retention basins" also may receive fresh water from year-round streams. Retention basins always contain water and thus may be considered man-made lakes or ponds.

REVERSE SUBDIVISION

The aggregation or removal of lot lines, or an annexation of abutting land into an existing lot in order to expand the existing lot, both typically as a minor subdivision.

ROAD

See "street."

RUNNEL

A narrow concrete or stone-lined channel in the ground, used to convey/carry small to moderate stormwater runoff flow along the surface to other low-impact development (LID) features or sewer systems. A runnel is typically designed as an integrated element within streets or plazas, and built in coordination with other streetscape and LID features such as rain gardens, bioretention, or permeable paving.

SANITARY SEWER

A sewer that conveys sewage or industrial wastes or a combination of both and into which storm-, surface and groundwater or unpolluted industrial wastes are not intentionally admitted.

SANITARY SEWER PLAN

A plan or map showing all present and proposed sanitary sewers and facilities for the proposed subdivision or land development for the collection and conveyance of sanitary sewage and industrial wastes.

SANITARY SEWER SYSTEM

All facilities, as of any particular time, for collecting, pumping, treating and disposing of sanitary sewage and industrial waste situated in the sewered area.

SCREEN

Plant materials, fencing, walls and/or earthen berms to aid in the concealment of a building, structure, street or other feature.

SECONDARY STREET

See "street, secondary."

SEDIMENT

Deposited silt or other matter that is being or has been moved from its site of origin by water or other means of erosion.

SEDIMENT BASIN

A structure designed and built to retain sediment during construction.

SERVICE LANE

A type of vehicular thoroughfare servicing nonresidential development, typically in the form of a driveway.

SERVICE LATERAL

That part of the sewer system extending from the collection sewer to a point one foot inside the boundary of the property to be served.

SETBACK

See "building setback line."

SEWAGE

The total of organic waste and wastewater generated by residential, industrial, commercial, institutional or other establishments.

SEWAGE TREATMENT PLANT

The plant and facilities operated for such purpose to which the sanitary sewer system is connected.

SEWERAGE

The system of sewers and appurtenances for the collection, transportation, pumping, treating and disposing of sanitary sewage and industrial wastes.

SHADE TREE

A woody plant, usually deciduous, which normally grows with one main trunk to a height in excess of 20 feet and has a canopy which screens and filters the sun in the summer and winter, respectively.

SHARED PARKING

Parking that is common to two or more lots and connected by shared driveways or accessways.

SHARROW

A shared lane marking on a street, located in a vehicular travel lane to indicate where cyclists should cycle.

SIDEWALK

A paved or surfaced leveled area, used as a pedestrian walkway, which parallels and is separate from the cartway of the street.

SIGHT DISTANCE

A line of unobstructed vision from a point 3 1/2 feet above the center line of a street to the nearest point on the top of an object 24 inches high on the same center line.

SIGN

Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones built into or attached to a wall of a building are excluded.

SILT

Finely divided particles of soil or rock, often carried in cloudy suspension in water and eventually deposited as sediment.

SITE

A tract or parcel of land or combination of contiguous lots or parcels of land.

SMALL TREE

A tree with a DBH of less than 10 inches.

[Added 12-17-2019 by Ord. No. 20-2019]

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan and related narrative report required in accordance with this chapter.

SOIL SURVEY

The most current report entitled "Soil Survey - Chester and Delaware Counties, Pennsylvania," originally published May 1963 by the United States Department of Agriculture, Soil Conservation Service.

START OF CONSTRUCTION; START OF SUBSTANTIAL IMPROVEMENT

The date of issuance of a building permit, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement or 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 state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; 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.

STEEP SLOPE

Those areas of land where the natural grade is 15% and 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 purpose of application of Borough subdivision and land development regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be based on contour intervals determined by detailed topographic survey using aerial photogrammetry or actual field survey and shall be signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania. Slopes created during land disturbance or land development activity, when authorized by the Borough pursuant to this chapter, are not considered steep slopes for the purposes of regulating steeply sloped areas.

STORM SEWER

A sewer that carries storm-, surface and groundwater drainage but excludes sewage and industrial wastes.

STORMWATER

That water which accumulates from precipitation and is manifest in surface runoff.

STORMWATER DETENTION

Any storm drainage technique that retards or detains runoff in rate, volume or otherwise, such as a detention or retention basin, parking lot storage, porous pavement, dry wells or any combination thereof.

STORMWATER MANAGEMENT DEVELOPMENT SITE PLAN

The plan prepared by the applicant or his representative indicating how stormwater runoff will be managed at a particular development site which is prepared in accordance with Chapter 94 of the Borough Code.

STREET

A right-of-way intended for the general public use to provide means of circulation for vehicles and pedestrians, furnishing access to abutting lots. The word "street" includes the words "road," "highway," "avenue," "boulevard," "lane" and "alley."

(1) ALLEY Land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more lots. "Alleys" in the Borough are typically located to the rear of a building, occasionally on the side of a building, and rarely in the front of a building.

(2) ARTERIAL A street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.

(3) COLLECTOR A street designed and located to:

(a) Drain traffic from local streets;

(b) Provide access for through traffic between residential neighborhoods and districts within the Borough and to arterials; and/or

(c) Provide access to nonresidential properties; i.e., commercial, industrial, institutional, etc.

(4) INTERIOR RESIDENTIAL STREET A street serving a residential development or neighborhood intended to provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.

(5) CLOSE An accessway for counterclockwise vehicular travel within which a green is centered, and around which buildings are located on three sides, and on-street parking is located either parallel to the curb line or in an angled parking arrangement.

(6) CUL-DE-SAC STREET A street type that has a dead end vehicular turnaround at one end.

(7) PRIVATE STREET A street, serving only abutting lots, that is not offered or required to be offered for dedication.

STREET FURNITURE

Structures within the streetscape, typically for pedestrian enjoyment, such as benches, bicycle racks, and waste receptacles.

STREET LINE

The right-of-way line of a street where it crosses a lot; the dividing line between a lot and the street.

STREET RIGHT-OF-WAY

The space within which a street is located, and the space that also provides an opportunity for the installation of improvements such as sewers, other utilities, street trees, street lights, and sidewalks, and bicycle lanes.

STREET TREE

A tree located adjacent to, along or upon the side of any street and within the public right-of-way.

[Amended 12-17-2019 by Ord. No. 20-2019]

STREET WALL

The wall or walls of a building at the edge of the street right-of-way adjoining a sidewalk, or approved vertical architectural or landscape features such as piers, fences, pergolas, arbors, colonnades, or other similar vertical features at least three feet, six inches in height in lieu of a building wall.

STREET, PRIMARY

A street which serves as the principal means of vehicular travel to provide access to the front yard of abutting properties.

STREET, SECONDARY

A street which serves as a subordinate means of vehicular travel to provide access to the side yard or rear yard of abutting properties, such as an alley.

STREETSCAPE

The space formed between buildings adjoining a street that is embellished with such features as sidewalks, street trees, street lights, curbs, on-street parking spaces, and cartways. The streetscape provides the "outdoor room" character of the street in that it is framed by buildings on both sides of the street, emblematic of the traditional neighborhood character of the Borough.

STRUCTURE

Any man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land.

SUBDIVISION

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, conveyance or other transfer of ownership of building or lot development or partition by the court for distribution to heirs or devisees.

SUBDIVISION PLAN

A sketch, preliminary or final plan, submitted in compliance with this chapter, showing the provision for the subdivision of a tract of land. See also "land development plan."

SURFACE RUNOFF

That part of the precipitation that passes over the surface of the land to the nearest stream without first passing beneath the surface.

SURVEYOR

A design professional duly registered by the Commonwealth of Pennsylvania to practice surveying.

SWALE

An elongated depression in the ground which collects and channels surface water runoff.

TRACT

A lot; one or more lots assembled for the purpose of development.

TRADITIONAL NEIGHBORHOOD

The characteristic of the Borough formed by an interconnected network of blocks, streets, alleys, and sidewalks, providing a setting for a compact, diverse, arrangement of buildings and uses, with opportunities for walkability, or those neighborhoods created in accordance with the traditional neighborhood development provisions of the NC-1 District in Chapter 112 of the Borough Code, titled "Zoning."

TREE

A perennial, deciduous, woody plant having one or more main trunks and usually a distinct crown or canopy.

[Added 12-17-2019 by Ord. No. 20-2019]

TREE LAWN

A strip of ground between the curb and the sidewalk, within which street trees are planted, and typically within which grass and other ground covers are planted.

TREE MASS

A natural grouping of trees.

TREE PROTECTION ZONE

An area where construction activities are prohibited or restricted to prevent injury to preserved trees, especially during pre-construction and construction, and includes the critical root zone.

[Added 12-17-2019 by Ord. No. 20-2019]

TREE SURROUND

The landscaped area around a street tree that includes edge features, as specified in the Design Standards of Appendix A.[14]

TRUNK SEWER

A main sewer located under highways, roads, streets of rights-of-way, with branch collection sewers, that collects and conveys sanitary sewage or industrial wastes or a combination of both and into which storm-, surface and groundwater or unpolluted industrial waters or liquids are not intentionally admitted.

UNIT PAVERS

A paving stone, brick, tile, flagstone, or brick like piece of concrete used for exterior flooring.[15]

WALL

A continuous vertical stone, brick, or block structure that encloses or divides an area of land.

WATERCOURSE

A permanent stream, intermittent stream, brook, creek or channel or ditch for water, whether natural or man-made.

WETLANDS

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, lakes, and similar areas. Wetlands shall include natural features composed of the resources listed in § 97-34D, including hydric soils, hydrophytic vegetation, and hydrologic conditions; and any area so delineated by the National Wetlands Inventory of the United States. Fish and Wildlife Service and all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection (PADEP) or the United States Army Corps of Engineers (ACE). In the event there is a conflict between the definitions of these agencies, the more restrictive definition that defines the wetlands most expansively shall apply.

WOODLAND

A tree mass that is indigenous to the Borough, covering an area of 3,000 square feet or more in area.

YARD

An open area on a lot extending along a lot line and inward from such line. The minimum dimension of a required "yard" shall be as provided for each district and shall measure as the shortest distance between the lot line and a line parallel to such line.

YARD, FRONT

A yard abutting a street line extending the full width of the lot along the front lot line and extending in depth from the front lot line to the building setback line. In the case of a corner lot, the yards extending along all streets are "front yards" and the remaining yards shall include a rear yard opposite the street on which the principal building is generally faced and a side yard opposite the other street.

YARD, REAR

A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the building setback line.

YARD, SIDE

A yard extending the full depth of the lot along the side lot line and extending in width from such side lot to the building setback line.

YARD, SIDE (INTERIOR)

A yard extending the full depth of the lot along the side lot line, abutting an adjacent property/lot line, and extending in width from such side lot to the building setback lines.

ZERO LOT LINE

The location of a building on a lot in such a manner that one of the sides of the building is located directly on the lot line.

[1] Editor's Note: The former definition of "comprehensive shade tree program," which immediately followed this definition, was repealed 12-17-2019 by Ord. No. 20-2019.

[2] Editor's Note: Appendix A is included as an attachment to this chapter.

[3] Editor's Note: The former definition of "diseased tree condition," which immediately followed this definition, was repealed 12-17-2019 by Ord. No. 20-2019.

[4] Editor's Note: See 53 P.S. § 10509.

[5] Editor's Note: See 53 P.S. § 10509(k).

[6] Editor's Note: The former definition of "hazard tree," which immediately followed this definition, was repealed 12-17-2019 by Ord. No. 20-2019.

[7] Editor's Note: See Appendix A of this chapter.

[8] Editor's Note: See 53 P.S. § 10503(1.1).

[9] Editor's Note: The former definition of "large street tree," which immediately followed this definition, was repealed 12-17-2019 by Ord. No. 20-2019.

[10] Editor's Note: The former definition of "medium street tree," which immediately followed this definition, was repealed 12-17-2019 by Ord. No. 20-2019.

[11] Editor's Note: See 53 P.S. §§ 10401 through 10408.

[12] Editor's Note: See 35 P.S. § 750.1 et seq.

[13] Editor's Note: The former definitions of "recommended list of shade trees" and "recommended list of street trees," which immediately followed this definition, were repealed 12-17-2019 by Ord. No. 20-2019.

[14] Editor's Note: Appendix A is included as an attachment to this chapter.

[15] Editor's Note: The former definition of "urban forester," which immediately followed this definition, was repealed 12-17-2019 by Ord. No. 20-2019.

B. Any term in this chapter which is not defined hereinabove shall have the meaning ascribed to such term in Chapter 112 of the Borough Code, titled "Zoning."

C. Any term not found in Chapter 112 of the Borough Code, titled "Zoning," shall have the meaning ascribed to such term in the most recent edition of the Merriam-Webster online dictionary.