Township of Pocopson, PA General Provisions

Protecting for the residents and landowners of Pocopson Township their rights to clean air, pure water, and the preservation of the natural, scenic, historic and aesthetic values of the environment, as recognized.

These general purposes are embodied more specifically in the community development objectives set forth in § 250-3 below, and in the respective statements of intent for the various zoning districts within this chapter.

§ 250-3 Community development objectives.

The objectives of zoning, as embodied in this chapter, are derived from and conform to the comprehensive planning processes and activities of Pocopson Township and its policies for resource protection, land use, growth management, housing, circulation, and the provision of community facilities and services.

The particular objectives for community development which Pocopson Township seeks to achieve through this chapter are those contained in the following findings of the Board of Supervisors, consistent with the requirements for such as prescribed in Section 606 of the Pennsylvania Municipalities Code,[1] Act 247, as amended:

(1)

To guide the future use of land in the Township that represents the most practical, beneficial, and convenient relationships shall exist among the residential, commercial, industrial, agricultural, and open space areas within the Township.

(2)

To assure the suitability and appropriate intensity of the various land uses as they relate to topography, soil, vegetation, groundwater, and other natural conditions; existing man-made conditions; historic significance; and visual aesthetic qualities.

(3)

To achieve the gradual conformity of land use to the comprehensive planning policies of the Township, and to minimize conflicts among the uses of land and buildings.

(4)

To establish acceptable levels of protection for values and essential community resources as a prerequisite to any land use activity, such resources to include floodplains, steep slopes, woodlands, wetlands, groundwater supplies, historic sites and structures, agricultural lands and scenic areas (including in particular the Brandywine River and Pocopson Creek scenic corridors).

(5)

To assure that:

(a)

No more water is taken from underground and surface water supplies than is returned to the ground;

(b)

The Township's groundwater and surface water supplies are unpolluted;

(c)

The Township does not pass polluted water on to neighboring municipalities; and

(d)

The quality of water is maintained in such a way as to support cold water fisheries and other high-quality fishing habitat.

(6)

To retain significant amounts of open space for purposes of natural resource protection, retention of community character, and recreational opportunity, such as areas to be as proximate to people and buildings, both residential and nonresidential, as possible.

(7)

To afford special protection to those linear areas within Pocopson that comprise usual visual resources and the unifying fabric of the Township, prime among them being the scenic corridors of the Brandywine River and Pocopson Creek (including their respective tributaries), State Route 842, and State Route 52.

(8)

To preserve active farmland and agriculturally suited soils.

(9)

To sustain the movement of vehicular traffic, both local and through, and assure safe vehicular access to properties by, e.g., limiting access to existing roads, requiring improvements to sustain traffic flows, and requiring sufficient off-street parking.

(10)

To guarantee opportunities for all housing types, styles, and forms of ownership, and to assure that housing in all cost ranges can be made available.

(11)

To relate directly the density of housing to the safe yield of water from the property designated to serve the housing.

(12)

To produce consistency and compatibility in zoning standards among shared municipal boundaries and in the protection of resources and corridors that extend beyond the Township.

(13)

To offer flexibility in land use types and site designs, including clustering, and planned residential development, that can help achieve the Township's housing, resource, protection, and open space objectives.

(14)

To offer means to protect identified historic resources, both as individual sites and in clusters, through alternative design and use provisions and restrictions against unwarranted demolition or alteration.

(15)

To provide sufficient for nonresidential development that addresses the retail and service commercial needs of Township residents, offers economic development appropriate to the Township and region, and accepts necessary public and institutional uses.

(16)

To establish a regulatory framework that operates integrally with the Township's subdivision/land development regulations and other associated ordinances and standards.

[1]

Editor's Note: See 53 P.S. § 10606.

§ 250-4 Interpretation and scope.

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township, and shall be interpreted, applied, and administered in such a manner as to facilitate attainment of the objectives presented in § 250-3. The use and development of all land, and the construction of every building or portion thereof, will be subject to the regulations contained in this chapter.

§ 250-5 Conflict with other provisions.

It is not intended by this chapter to interfere with, or abrogate or annul, any rules, regulations or permits previously issued under any other pertinent Township ordinance, provided that, where this chapter imposes a greater restriction upon the use of buildings or upon the height of a building, or requires larger open spaces than are imposed or required by such rules, regulations or permits, the provisions of this chapter shall control.

§ 250-6 Definitions and word usage.

Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated:

ABANDONED SIGN

Any sign which was erected for any occupant or business unrelated to the present occupant or business, any sign erected on property which becomes vacant and unoccupied for a period of six months or more or any sign which advertises or promotes a time, event or purpose which has already occurred.

[Added 11-19-2012 by Ord. No. 4-2012]

ACCESSORY BUILDING

A building subordinate to the main building on a lot and used, or intended, arranged or designed to be used, for purposes customarily incidental to those of the main building and the activity carried on in the premises by the inhabitant thereof.

ACCESSORY DWELLING UNIT

A self-contained dwelling unit that results from the conversion of an existing single-family detached dwelling into two units or the creation of a dwelling unit within a detached accessory structure, and which is complete with food preparation and bathroom facilities, has direct access to the outdoors or to a hall from which there is direct access to the outdoors, and is accessory to the principal dwelling unit that exists on the property.

[1]

AGRICULTURAL SOILS

Soils designated within land capability classes I, II, and III in the Soil Survey of Chester and Delaware Counties, U.S. Department of Agriculture, Soil Conservation Service, 1963.

AGRICULTURAL TRACTS

Any separately deeded tract within the RA Zoning District which at the time of adoption of this definition collectively contains 20 or more gross acres of land(s) comprising prime agricultural soils as listed in § 250-13G of this chapter, regardless of contiguity or fragmentation of such land(s). All tracts not meeting this definition shall be defined as "nonagricultural tracts."

[Added 11-19-2003 by Ord. No. 3-2003]

AGRICULTURE (GENERAL)

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, silviculture, forestry and animal husbandry.

[Added 1-24-2022 by Ord. No. 1-2022]

AGRICULTURE (INTENSIVE)

Specialized agricultural activities, including but not limited to mushroom production, swine, dairy, beef and poultry production and concentrated animal operations as defined by the Pennsylvania Nutrient Management and Odor Management Act.[2]

[Added 1-24-2022 by Ord. No. 1-2022]

ALTERATION

As defined in Pocopson Township Building Code Ordinance.

ALTERNATIVE AND EMERGING ENERGY FACILITY

A private facility capable of converting solar, water, wind, wood, fire, biogas and/or other natural sources into a viable energy source for a permitted use in accordance with the provisions and design criteria specified under § 250-96.1 of this chapter.

[Added 7-13-2015 by Ord. No. 4-2015]

ALTERNATIVE ENERGY

A source of energy generated from solar, water, wind, geothermal or similar sources, which is capable of providing energy for a permitted use.

[Added 7-13-2015 by Ord. No. 4-2015]

ALTERNATIVE ENERGY FACILITY

A private facility capable of converting solar, water, wood, fire, wind and/or biogas into a viable energy source. Such facilities may include solar panels, wind turbines, geothermal systems and/or other similar alternative energy facilities.

[Added 7-13-2015 by Ord. No. 4-2015]

ANAEROBIC DIGESTION

The process by which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas which is then burned on-site to produce heat, electricity and water, and has the ancillary benefit of managing livestock manure.

[Added 7-13-2015 by Ord. No. 4-2015]

ANTENNA

Any 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.

[Added 7-13-2015 by Ord. No. 3-2015]

APARTMENT

See "dwelling, multifamily."

APPLICANT

A legal or equitable landowner or developer or his authorized agent, including his heirs, successors and assigns, or hereinafter defined, who has filed an application for subdivision or land development or for an alternative and/or emerging energy facility.

[Amended 11-28-2005 by Ord. No. 3-2005; 11-24-2014 by Ord. No. 2-2014]

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings or structures.

[Added 7-13-2015 by Ord. No. 4-2015]

AREA PROPOSED FOR TIMBER HARVESTING

Any area of a property proposed for a timber harvesting operation subject to earth disturbance activities including the construction of skid trails and roads, logging roads, log landing areas and other similar logging or silvicultural practices.

[Added 10-16-2017 by Ord. No. 3-2017]

ATTACHED ALTERNATIVE ENERGY FACILITY

A facility that is physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building in accordance with all pertinent zoning, utility and building code requirements.

[Added 7-13-2015 by Ord. No. 4-2015]

AUTOMOBILE SERVICE STATION

Any building or land area devoted to the repair, servicing, restoration, reconstruction and maintenance of vehicles, including the retail sale of gasoline, motor oil, car washes, batteries and other similar vehicular accessories.

[Added 1-24-2022 by Ord. No. 1-2022]

BEAM ANGLE

The included angle between points on opposite sides of a light beam axis at which the luminous intensity falls to 10% of the maximum value. This angle can be determined from a candlepower curve or may be approximated by use of a photometer.

BEAM PROJECTOR

A luminaire with its light course at or near the focus of a reflector which produces near parallel rays of light in a beam of small divergence, including but not limited to flood and spot lights.

BED-AND-BREAKFAST FACILITY

A single-family dwelling, or a building accessory thereto, containing guest rooms available for short-term overnight rental and providing breakfast service to overnight guests.

BENTONITE

A highly plastic, colloidal clay composed largely of the mineral montmorillonite. Used in grout to seal geothermal or other wells or boreholes after they have been drilled, bored, or otherwise excavated.

[Added 7-13-2015 by Ord. No. 4-2015]

BEST MANAGEMENT PRACTICES

Activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within the Commonwealth before, during, and after earth disturbance activities.

[Added 10-16-2017 by Ord. No. 3-2017]

BILLBOARD

An off-premises sign which directs passersby to a development, business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere.

[Added 12-21-2009 by Ord. No. 3-2009]

BIOGAS

A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of the anaerobic digestion processes.

[Added 7-13-2015 by Ord. No. 4-2015]

BOREHOLES

A penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration and is used in closed vertical loop geothermal systems.

[Added 7-13-2015 by Ord. No. 4-2015]

BOUNDARY FENCE

A fence, including a wall, which is used to designate, establish, or set off the border line of a lot.

[Added 12-3-2012 by Ord. No. 8-2012]

BUFFER AREA

A strip of land, which may include a mound or berm, around the perimeter of a tract, in which no buildings may be placed and in which planting may be required to reduce or eliminate, as appropriate, the deleterious impacts of one property on another.

BUFFER STRIP

Forestland, usually along a road or waterway, managed to lessen visual or environmental impacts of timber harvesting.

[Added 10-16-2017 by Ord. No. 3-2017]

BUILDING

A structure (as defined by this chapter), permanently affixed to the ground and consisting of enclosing walls and a roof, which is used, or designed to be used, to shelter human or animal activity and/or for the enclosure or storage of goods and materials. All buildings are limited to a maximum height of 35 feet as defined by the Township's Building Code, as it may be changed from time to time.

[Amended 10-13-1999 by Ord. No. 2-1999]

BUILDING AREA/BUILDING COVERAGE

The total area of land covered by a building, measured on the horizontal plane.

[Amended 5-9-2011 by Ord. No. 1-2011]

BUILDING PERMIT

A statement, signed by a Building Inspector, setting forth that a proposed building or structure and its intended use comply with this chapter, and authorizing its construction.[3]

CANDELA

The SI unit of luminous intensity of a light source, roughly equivalent to the older unit, the international candle.

CAVITY TREE

A tree with cavities in which birds, mammals, or insects such as bees may nest (also called a "den tree").

[Added 10-16-2017 by Ord. No. 3-2017]

CERTIFICATE OF OCCUPANCY

A statement, signed by the Township Building Inspector or other official designated by the Board, setting forth that a proposed building or structure and its intended use comply with the Township Building Code and with this chapter or that a building, structure, or parcel of land may lawfully be employed for specific uses, or both.

[Amended 3-4-2002 by Ord. No. 1-2002; 5-9-2011 by Ord. No. 1-2011]

CHILD DAY CARE

A premises in which care is provided to children unrelated to the operator.

[Added 1-24-2022 by Ord. No. 1-2022]

CLEAR-CUT METHOD

A sustainable forest regeneration method of timber harvesting that removes all the trees in a multi-acre area in a single cut to mimic the creation of openings in the forest by natural disturbance.

[Added 10-16-2017 by Ord. No. 3-2017]

CLEARCUTTING

The removal of all trees greater than 12 inches dbh on a site, or any portion thereof greater than 0.5 acre in contiguous area, during a single timber harvesting operation or within a three-year period.

[Added 5-14-2007 by Ord. No. 3-2007]

CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM

A type of geothermal heating and/or cooling system that consists of the following basic elements: underground loops of piping; approved, nontoxic heat transfer fluid; a heat pump; and an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The heat transfer fluid is potable or beneficial reuse water and may have approved nontoxic antifreeze, such as propylene glycol, added. The fluid is circulated through the piping from the opening into the heat exchanger and back.

[Added 7-13-2015 by Ord. No. 4-2015]

CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM

A type of geothermal heating and/or cooling system that utilizes a pressurized heat exchanger consisting of pipe, a circulating pump, and a water-source heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable or beneficial reuse water and may have approved nontoxic antifreeze, such as propylene glycol, added.

[Added 7-13-2015 by Ord. No. 4-2015]

CLUSTER DEVELOPMENT

The development of a tract for residential uses in which permissible lot sizes, densities, area and bulk standards, and dwelling types may vary from the base zoning requirements, and within which identified natural features shall be protected and areas of common and/or restricted open space shall be established.

CO-LOCATION

The mounting of one or more WCFs, including antennae, on an existing tower-based WCF, or other previously approved and constructed wireless support structure including monopoles, towers, electrical transmission towers and water towers.

[Added 7-13-2015 by Ord. No. 3-2015]

COMMERCIAL RECREATIONAL USE

A use or activity operated as a business that is open to the public or to members of a private club for the purpose of recreation and entertainment, including but not limited to bowling alley, health or fitness club, swimming pool, golf course, miniature golf course, family entertainment complex, recreation club, community center, theater, amusement arcade, go-kart and motorcross track, camp ground and other similar commercial recreational uses as approved by the Zoning Officer.

[Added 1-24-2022 by Ord. No. 1-2022]

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination thereof, within a development which is designed and intended for the benefit, use or enjoyment of all residents of the development, not including streets, off-street parking area, yard areas, and areas set aside for public facilities which can only be used for that specific purpose.[4]

COMPREHENSIVE TRAIL SYSTEM

A system of interlinking trails throughout Pocopson Township, designated for transportation (see "trail" definition) and recreation purposes. The Pocopson Township Trail System Map delineates existing and proposed trails and is available from the Township.

CONDITIONAL USE

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 only when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.

CONSERVATION SUBDIVISION

A subdivision resulting in tracts generally not smaller than 10 acres and permanently restricted from further subdivision in the form of a conservation easement. "Conservation subdivision" is specifically provided as a development option in the AP Agricultural Preservation District, subject to the specific regulation therein, with the intention of facilitating efforts to preserve prime agricultural soils and other natural resources.

[Added 11-19-2003 by Ord. No. 3-2003]

CONVENTIONAL LOTS

Lots provided where permitted for either single-family detached and/or two-family dwellings and having a minimum size of 12,000 square feet per lot. Conventional lots will generally be, but are not required to be, configured in a traditional suburban settlement pattern.[5]

[Added 11-19-2003 by Ord. No. 3-2003]

DAY CARE, ADULT

A facility which provides supervised care and assistance, including a variety of health, social and support services to senior citizens, and to functionally and/or cognitively impaired adults, on a daily basis. No living accommodations are contained in an adult day-care facility.

[Added 1-24-2022 by Ord. No. 1-2022]

DEN TREE

See "cavity tree."

[Added 10-16-2017 by Ord. No. 3-2017]

DEER AND PLANT PROTECTION FENCE

Any fence constructed for the purpose of controlling the movement of deer or the protection of plants.

[Added 12-3-2012 by Ord. No. 8-2012]

DENSITY, GROSS

The total number of dwelling units per acre. This figure is calculated by dividing the total number of dwelling units proposed by the total number of acres within a tract of land.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of a tree trunk, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.

[Added 5-14-2007 by Ord. No. 3-2007]

DIAMETER LIMIT CUTTING

The harvest of all saleable trees above a certain diameter.

[Added 10-16-2017 by Ord. No. 3-2017]

DIFFUSING TRANSLUCENCIES

A nontransparent shield that allows light to pass through in scattered angles, including but not limited to such diffusing translucencies as translucent rather than transparent glass and frosted rather than clear lightbulbs.

DISTRIBUTED ANTENNA SYSTEM (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 7-13-2015 by Ord. No. 3-2015]

DRIPLINE

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

[Added 10-16-2017 by Ord. No. 3-2017]

DRIVEWAY

A private means of access from a public or private street to a single lot.

[Amended 5-9-2011 by Ord. No. 1-2011]

DRIVEWAY, COMMON/SHARED

A private means of access from a public or private street to more than one parcel.

[Added 5-9-2011 by Ord. No. 1-2011]

DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping facilities, for occupancy by only one family (including any domestic servants living or employed on the premises) with no enclosed space (other than vestibules, entrances or other hallways or porches) in common with any other dwelling unit. Dwelling units may be contained in the following structures:

(1)

SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside accesses, and open space on all sides.

(2)

TWO-FAMILYA building containing two dwelling units (detached, semidetached), including but not limited to:

(a)

TWINA building containing two dwelling units each from ground to roof separated by a vertical party wall, and each having independent outside access and open space on three sides.

(b)

DUPLEXA building containing two dwelling units, one above the other, separated by a horizontal party wall, each of which has independent outside access and open space on all sides.

(3)

MULTIFAMILYA building containing three or more dwelling units, including four-family dwelling (fourplex, quadraplex), townhouse (single-family attached), and apartment buildings.

(a)

FOUR-FAMILY DWELLING (FOURPLEX, QUADRAPLEX)A building containing four dwelling units, each of which has only one dwelling unit from the ground to roof, independent outside access, not more than two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.

(b)

TOWNHOUSE (SINGLE-FAMILY ATTACHED)A building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjacent units, and open space to the front and rear (internal units) or front, rear and one side (end units).

(4)

Other generally accepted structural types.

EARTH DISTURBANCE ACTIVITY

A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing and tilling, operation of animal heavy-use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.

[Added 10-16-2017 by Ord. No. 3-2017]

EARTHEN BERMS

Mounds or ridges of excavated soil designed and constructed to provide buffer against noise, glare, or unsightly views or to frame certain features in landscape design. The slopes of the berms must be three to one horizontal to vertical to permit mowing and minimize slope erosion. The soil of such structures is graded.

ECOSYSTEM

A natural unit comprising living organisms and their interactions with their environment, including the circulation, transformation, and accumulation of energy and matter.

[Added 10-16-2017 by Ord. No. 3-2017]

EDUCATIONAL USE

Land or buildings specifically designed, arranged and intended for the primary purpose of education, including preschool, elementary and secondary schools either public or private; colleges, universities, and vocational schools; and including schools related to religious uses A child day care is not considered an educational use.

[Added 1-24-2022 by Ord. No. 1-2022]

EMERGENCY

A condition that:

[Added 7-13-2015 by Ord. No. 3-2015]

(1)

Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

(2)

Has caused or is likely to cause facilities in a right-of-way to be unusable and result in loss of the services provided.

EMERGING ENERGY

A source of energy generated from a renewable or green technology source, other than solar, water, wind, biogas or geothermal sources, which is capable of providing energy for a permitted use.

[Added 7-13-2015 by Ord. No. 4-2015]

EMERGING ENERGY FACILITY

A private facility capable of converting renewable or green technology energy sources into a viable energy source for a permitted use.

[Added 7-13-2015 by Ord. No. 4-2015]

EROSION AND SEDIMENTATION CONTROL (E&S) PERMIT

An E&S permit required by the Pennsylvania Department of Environmental Protection (PADEP) for earth disturbance activities, including a timber harvesting operation that involves 25 acres or more of earth disturbance activity. PADEP may delegate responsibility for issuance of an erosion and sediment control permit to the Chester County Conservation District.

[Added 10-16-2017 by Ord. No. 3-2017]

EROSION AND SEDIMENTATION CONTROL (E&S) PLAN

A site-specific plan consisting of both drawings and a narrative that identifies best management practices (BMPs) to minimize accelerated erosion and sedimentation before, during and after earth disturbance activities. Such plan is required by the Pennsylvania Department of Environmental Protection (PADEP) for timber harvesting operations which propose to disturb more than 5,000 square feet. PADEP may delegate responsibility for review and approval of an erosion and sediment control plan to the Chester County Conservation District.

[Added 10-16-2017 by Ord. No. 3-2017]

EV, or "exceptional value," referring to special protection waters designation issued by the Pennsylvania Department of Environmental Protection for a watercourse or portion thereof.

[Added 10-16-2017 by Ord. No. 3-2017]

EXCEPTIONAL NATURAL AREA

Any area identified as exceptional natural area on the Pocopson Township Exceptional Natural Areas Inventory.

[Added 5-14-2007 by Ord. No. 3-2007]

EXCEPTIONAL NATURAL AREAS INVENTORY

The Exceptional Natural Areas Inventory indicates the locations and extent of all areas deemed by the Township to comprise exceptional natural areas. The exceptional natural areas inventory is incorporated by reference into this chapter and made a part hereof.

[Added 5-14-2007 by Ord. No. 3-2007]

FAMILY

Any number of individuals living together as a single nonprofit housekeeping unit and doing their cooking on the premises, which said individuals are related by blood, marriage or adoption, including any number of foster children under the care of foster parents; or no more than five unrelated individuals living together as a single nonprofit housekeeping unit and doing their cooking in one kitchen on the premises.

FCC

The Federal Communications Commission.

[Added 7-13-2015 by Ord. No. 3-2015]

FEEDSTOCK

The input to a manure digester, which typically consists of livestock and/or poultry manure (primary catalyst), and possibly other organic materials such as food wastes (secondary catalyst).

[Added 7-13-2015 by Ord. No. 4-2015]

FELLING

The act of cutting a standing tree so that it falls to the ground.

[Added 10-16-2017 by Ord. No. 3-2017]

FENCE

A barrier, railing, or other large or small upright obstacle or structure typically of wood, wire or similar material enclosing an area of ground to mark a boundary, control access, or prevent escape.

[Added 12-3-2012 by Ord. No. 8-2012]

FENCE HEIGHT

The distance measured from the existing grade to the top of the fence.[6]

[Added 12-3-2012 by Ord. No. 8-2012]

FLOOR AREA, GROSS

The total floor area of a dwelling unit and accessory buildings enclosed by outside walls, fire walls, or party walls.

FLOOR AREA, NET

The total area of a dwelling unit actually used for habitation, excluding cellars, storage, attics, porches, garages, etc.

FOOTCANDLE

A unit of illuminance on a surface of one square foot, all points of which are at a distance of one foot (radius) from a directionally uniform point source of one candela.

FOREST

Any area defined as "woodland" herein.[7]

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

FOREST BEST MANAGEMENT PRACTICES

Universally accepted activities that have positive effects or minimize negative effects on the forest ecosystem. (See Best Management Practices for Pennsylvania Forests, Penn State College of Agriculture.)

[Added 10-16-2017 by Ord. No. 3-2017]

FOREST CANOPY

The aerial cover formed within any woodland area by the crowns of trees.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

FOREST CANOPY TREES

The individual trees which collectively form the forest canopy.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

FOREST INTERIOR HABITAT

That portion of a forest or woodland which lies beyond most of the influences which degrade a forest from the outside: influences such as light, wind, noise, and nonnative species. The forest interior habitat provides the best habitat for certain rare and sensitive species and can be referred to as the "deep woods" or the "heart of the forest." "Forest interior habitat" is defined as any area within a thirty-five-acre or larger woodland which is also located more than 300 feet from the outermost drip line of all trees along the edge of the subject woodland area.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

FOREST RENEWAL

The growth of a new forest, which includes not only the trees, but also the other beneficial woody and herbaceous vegetation that contributes to the overall integrity, diversity, and health of the entire forest community and its interdependent ecological functions.

[Added 10-16-2017 by Ord. No. 3-2017]

FOREST STEWARDSHIP ACTIVITIES PLAN

A plan submitted in conformance with the provisions set forth in § 250-87L(3)(b)[4], stating a landowner's goals for his or her woodland, documents the forest's present condition, lists recommendations, and describes the desired forest condition, or how the forest should look in the future. It should also consider the types and sizes of trees, wildlife habitat, transportation layout, recreational opportunities, and financial returns. (For more information, see Forest Stewardship, Planning Your Forest's Future, Penn State Cooperative Extension, College of Agricultural Sciences, 2013.)

[Added 10-16-2017 by Ord. No. 3-2017]

FORESTED RIPARIAN BUFFER

A riparian corridor that consists predominantly of native trees, shrubs and/or herbaceous plants that provide a minimum of 60% uniform canopy coverage.

[Added 10-16-2017 by Ord. No. 3-2017]

FORESTRY

The management of forests or woodlands when practiced in accordance with accepted silvicultural practices, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development, and which maintains the health and sustainability of forested land. Forestry shall include timber harvesting operation. A woodland disturbance resulting in the conversion of land for the growing of crops or raising of livestock shall not be considered forestry but meets the definition of "timber harvesting operation."

[Added 10-16-2017 by Ord. No. 3-2017]

FREESTANDING ALTERNATIVE ENERGY FACILITY

A facility that is not physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building. All such facilities shall be considered a separate or accessory structure that has the ability to convert and convey energy to the principal use in accordance with all pertinent zoning, utility and building code requirements.

[Added 7-13-2015 by Ord. No. 4-2015]

GEOTHERMAL ENERGY SYSTEM

An energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

[Added 7-13-2015 by Ord. No. 4-2015]

GFA

"Gross floor area" as defined herein. GFA is used as a permitted density calculation and allocated to individual lots and dwelling units in accordance with certain development options provided in the RA Zoning District. GFA also is used as a measure of bonus density which may be provided and may be severable for transfer from one property to another in accordance with applicable provisions for transferable development rights.[8]

[Added 11-19-2003 by Ord. No. 3-2003]

GOVERNMENTAL USE

The use of the United States, Commonwealth of Pennsylvania, County of Chester or any department or agency of the same for administrative building, equipment or material storage, public park or passive recreation area, owned or operated by the United States, Commonwealth of Pennsylvania, County of Chester or any department or agency of the same.

[Added 1-24-2022 by Ord. No. 1-2022; amended 3-28-2022 by Ord. No. 2-2022]

GROSS FLOOR AREA

The total area of the several floors within the improvement, measured to the perimeter of the outside walls of the actual floor area on each floor without deduction for hallways, stairs, closets, thickness of walls, columns, or other features, but excluding the entirety of any basement, any attic(s) not usable for human habitation, and any area designed and used exclusively as a vehicle garage.[9]

[Added 11-19-2003 by Ord. No. 3-2003]

GROSS TRACT ACREAGE

The total number of acres within a tract as defined by and actual site survey, excluding any existing or proposed streets, rights-of-way, and utility easements, for purposes of calculating maximum gross density within any planned residential development or cluster development.

GROUP SELECTION METHOD

A sustainable forest regeneration method of timber harvesting that removes trees in a number of 0.1- to 1-acre areas to create openings in the forest canopy. The larger the opening, the more likely that regeneration of sun-loving (shade intolerant) species will develop and persist in the openings.

[Added 10-16-2017 by Ord. No. 3-2017]

GROUT

Neat cement, cement plus bentonite, bentonite, bentonite plus silica sand, or other low-permeability sealing material. Grout is to be mixed and applied according to manufacturer's specifications (e.g., water content and viscosity) for use in grouting (i.e., sealing) wells and/or geothermal boreholes.

[Added 7-13-2015 by Ord. No. 4-2015]

GUYED TOWER

A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.

[Added 7-13-2015 by Ord. No. 3-2015]

HAUL ROAD

A road designed for use by trucks to transport harvested timber from the log landing to its destination.

[Added 10-16-2017 by Ord. No. 3-2017]

HEDGEROW

A hedgerow is a linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields and may occur naturally or be specially planted (e.g., as a windbreak). Hedgerows are considered woodlands and regulated as such.

[Added 5-14-2007 by Ord. No. 3-2007]

HERBACEOUS

Pertaining to nonwoody vegetation, such as grasses and wildflowers.

[Added 10-16-2017 by Ord. No. 3-2017]

HERITAGE TREE

(1)

Any tree greater than 30 inches dbh shall be considered a heritage tree regardless of species, except that any tree of the species specified below shall be considered a heritage tree where greater than 24 inches dbh.

[Added 5-14-2007 by Ord. No. 3-2007]

Tree Botanical Name	Common Name of Tree
Aesculus hippocastanum	Common horsechestnut
Betula pendula	White birch
Carya cordiformis	Bitternut hickory
Carya glabra	Pignut hickory
Carya ovata	Shagbark hickory
Carya tomentosa	Mockernut hickory
Juglans cinerea	Butternut walnut
Liquidambar styraciflua	Sweetgum
Quercus montana	Chestnut oak
Quercus prinoides	Chinquapin oak

(2)

In the context of a subdivision or land development review or in consideration of any application for approval of special exception variance or conditional use and upon the recommendation of a qualified forester or equivalent professional, the Township may designate as additional heritage trees any tree or other plant selected as uniquely representative of a class or group in terms of size, shape, form, age, historical importance, scenic qualities, visual prominence or other characteristics. Trees or other plants determined to be dead or diseased or in any manner constituting a safety hazard shall not be considered heritage trees.

HIGH GRADING

The harvesting of only those trees that will give the highest immediate economic return. Because slower-growing and poor-quality trees are retained, high-grading diminishes the diversity and economic value of the future woodland or forest. See "diameter-limit cutting" or "selective cutting."

[Added 10-16-2017 by Ord. No. 3-2017]

HIGHER-VALUE SPECIES

Any tree(s) of the following species where greater than or equal to 12 inches diameter at breast height (dbh):

[Added 5-14-2007 by Ord. No. 3-2007]

Tree Botanical Name	Common Name of Tree
Acer saccharium	Sugar maple
Carya cordiformis	Bitternut hickory
Carya glabra	Pignut hickory
Carya ovata	Shagbark hickory
Carya tomentosa	Mockernut hickory
Fraxinus americana	White ash
Juglans nigra	Eastern black walnut
Quercus alba	White oak
Quercus bicolor	Swamp white oak
Quercus coccinea	Scarlet oak
Quercus montana	Chestnut oak
Quercus palustris	Pin oak
Quercus rubra	Northern red oak
Quercus velutina	Black oak

HISTORIC SITES

Buildings or structures identified on the Pocopson Township Historic Site map and artifact area -- Indian habitation sites or burial grounds and remnants of pre-1850 American habitation.

HOME OCCUPATION, MAJOR

A customary accessory use to a residential dwelling unit which is clearly incidental to the principal residential use of the dwelling unit, and which is carried on only within the dwelling unit or in an approved accessory structure on the same lot on which the dwelling is located, and which complies with the standards for major home occupations specified in § 250-89 of this chapter. Examples of major home occupations include: dressmaking, millinery, upholstery, furniture refurbishing (excluding paint stripping operations), or similar handicrafts; professional studios or offices of an architect, doctor, dentist, engineer, lawyer, musician, magistrate, photographer, or practitioner of similar character, small pet grooming, bed-and-breakfast facilities (subject to the standards provided in § 250-89D), or other home occupation of similar character and impact.

[Amended 7-27-2020 by Ord. No. 1-2020]

HOME OCCUPATION, MINOR

A customary accessory use to a residential dwelling unit which is clearly incidental to the principal residential use of the dwelling unit, and which is carried on only within the dwelling unit or in an approved accessory structure on the same lot on which the dwelling is located, and which complies with the standards for minor home occupations specified in § 250-89 of this chapter. Examples of minor home occupations include artists, tutors, babysitters, house cleaners, telephone solicitors, typing services, outside salesmen and consultants, and other occupations customarily performed in the home and not normally detrimental to the neighborhood.

[Amended 7-27-2020 by Ord. No. 1-2020]

HOME-RELATED BUSINESS

A customary accessory use to a residential dwelling unit which is clearly incidental to the principal residential use of the dwelling unit and is not performed within a dwelling unit or in an approved accessory structure, such as is the case with a minor or major home occupation, but may be administered or managed from the dwelling unit and/or approved accessory structure and which complies with the standards in § 250-89.1 of this chapter.

[Added 7-27-2020 by Ord. No. 1-2020]

HOTEL/MOTEL

One or more buildings used, or intended, arranged, or designed to be used, for the accommodation of tourists or transient guests, or a premises used, or intended, arranged or designed to be used, for the accommodation of tourists or transient guests, for compensation.

[Added 1-24-2022 by Ord. No. 1-2022]

HQ, or "high quality," referring to special protection waters designation issued by the Pennsylvania Department of Environmental Protection, for a watercourse or portion thereof.

[Added 10-16-2017 by Ord. No. 3-2017]

ILLUMINANCE

The density of the luminous flux (a result of the luminous intensity of a light source) incident on a surface; the quotient of the luminous flux by the surface area. Illuminance is measured with photometers in footcandles or lux (SI units). Illuminance photometers are available at lighting stores.

IMPACTED RIPARIAN BUFFER

A riparian corridor that does not consist predominantly of native trees, shrubs and/or herbaceous plants.

[Added 10-16-2017 by Ord. No. 3-2017]

IMPERVIOUS SURFACE

Material which is impenetrable and unable to absorb water, including but not limited to buildings, structures, and paved areas (driveways, parking lots, etc.).

IMPERVIOUS SURFACE RATIO

A measure of the intensity of use of a piece of land, calculated by dividing the total area of all impervious surfaces by the gross tract acreage or total lot area.[10]

INVASIVE VEGETATION

Any non-native plant species which aggressively displaces native plants. Also called "exotics" and "aliens," these species tend to reproduce prolifically and out-compete native plants for light, space, and nutrients, reducing plant diversity and wildlife habitat. Invasive vegetation includes, but is not limited to, the plant species listed in Appendix A, List of Alien, Invasive Trees, Shrubs, and Vines, of this chapter.[11]

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

JUNKYARD

A lot, land or structure, or parts thereof, used for the collection, storage, dismantling, salvage, sale, exchange and/or recycling of used and discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric and similar material from vehicles, equipment or machinery.

[Added 1-24-2022 by Ord. No. 1-2022]

LAMPS

A generic term for man-made sources of light.

LAND DEVELOPMENT

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

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

(b)

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; or

(c)

A subdivision of land.

(2)

Those activities described in this Section 503(1.1) of the Municipalities Planning Code [12] shall not be considered land developments for purposes of this chapter.

LAND DISTURBANCE

Any activity which exposes soils, alters topography, and/or alters vegetation. The following activities shall not be regulated as land disturbance but shall nevertheless be undertaken in a manner such that disturbed areas shall be stabilized with suitable vegetation and shall not be left bare:

[Added 5-14-2007 by Ord. No. 3-2007; amended 12-10-2007 by Ord. No. 10-2007]

(1)

Customary agricultural practices such as tilling, plowing, mowing, and harvesting.

(2)

Removal of hazardous or invasive vegetation.

(3)

Removal of woodland, hedgerow or oldfield vegetation for the purposes of undertaking active agricultural practices in accordance with § 250-87M(4).

(4)

Gardening on and landscaping of residential or nonresidential land, including ground preparation, planting, maintaining, or harvesting of any species for food and/or flowers.

LANDOWNER

Any person(s) or entity owning property within the Township.

[Added 7-13-2015 by Ord. No. 4-2015]

LATTICE TOWER

A wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment.

[Added 7-13-2015 by Ord. No. 3-2015]

LITTER

The uppermost layer of the forest floor consisting chiefly of decaying organic matter.

[Added 10-16-2017 by Ord. No. 3-2017]

LOG LANDING

The area at the end of a skid road where harvested timber is stored or prepared for transport from the woodlot.

[Added 10-16-2017 by Ord. No. 3-2017]

LOP

Cutting tops and slashing into smaller pieces to allow the material to settle close to the ground.

[Added 10-16-2017 by Ord. No. 3-2017]

LOT

A parcel of land, undivided by any street or private road or dedicated future street right-of-way. Such parcel shall be separately described by meters 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.

[Amended 5-9-2011 by Ord. No. 1-2011]

LOT AREA

The area contained within the property title lines of the individual parcels of land as shown on a subdivision plan, excluding:

[Amended 11-28-2005 by Ord. No. 3-2005]

(1)

Any area within the right-of-way of any street or other transportation facility; and

(2)

Any area used for gas, oil, natural gas, electric, or communications transmissions facilities, whether below or above ground, that do not serve the lot or lots traversed.

LOT, INTERIOR (FLAG)

A lot which does not adjoin a street but is connected by thereto by an access strip of required minimum width. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district, and shall be measured on the portion of the lot exclusive of the access strip.

LOT LINE, FRONT

The lot line abutting a street and coinciding with the street line; in the case of a corner lot, each street on which the corner lot abuts shall be considered a front lot line.

[Added 12-10-2007 by Ord. No. 9-2007]

LOT LINE, REAR

A lot line opposite and most distant from the front lot line. The rear lot line for corner lots is that to the rear of the predominate front face of the principal structure. For pieshaped lots, or where side lot lines meet in a point and/or the rear lot line is less than 10 feet in length, the rear lot line, for setback or other purposes, shall be deemed to be a line 10 feet in length drawn between the two side lot lines that will enclose the maximum yard area within those lines.

[Added 12-10-2007 by Ord. No. 9-2007]

LOT LINE, SIDE

Any lot line not a front or rear lot line.

[Added 12-10-2007 by Ord. No. 9-2007]

LOT, REVERSE FRONTAGE

A lot extending between and having frontage on an arterial or collector street and a residential street interior to a development, with vehicular access solely from the latter.

LUMENS

The SI unit of luminous flux (a result of the luminous intensity of a light source). Most commercially available lamps are rated in lumens.

LUMINAIRES

Complete lighting units consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

MAINTENANCE

The action taken to restore, repair or preserve the functional design or structural integrity of any facility, system or structure.

[Added 12-3-2012 by Ord. No. 8-2012]

MANUFACTURED HOME

See definition of "mobile home" in Article I of this chapter. For purposes of this article, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed, parked or stored on a site for greater than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

Contiguous parcels of land or a parcel of land divided into two or more lots, for rent or sale as lots for manufactured homes.

MANUFACTURING

The assembling, creating, fabricating, processing, recycling, packaging, converting, distributing and/or repairing of raw materials, with the use of labor and machinery, of products that will be made available for sale.

[Added 1-24-2022 by Ord. No. 1-2022]

MANURE DIGESTER

A facility designed to use anaerobic digestion processes to convert livestock and poultry manure (primary catalyst) into biogas, which is generally burned on-site to produce electricity, heat, and water, as well as to manage livestock and poultry manure. Manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of manure digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

[Added 7-13-2015 by Ord. No. 4-2015]

MINIMIZE

To reduce to the smallest amount possible. "Minimize" shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the action required to be minimized. With respect to activities, the conduct of which is adverse to the preservation of the natural features of land, the requirement that placement of dwellings and other structures and the location of roads, sedimentation and erosion control devices, and earth-moving activities shall be planned and designed to permit the adverse effect of the activity in question to be reduced to the smallest amount under the circumstances consistent with the otherwise permitted development.

MIXED OCCUPANCY

Occupancy of a building or land for more than one use.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, including any addition to the accessory structure, such as porches, sheds, decks, or additional rooms. All mobile homes shall meet construction standards set by the U.S. Department of Housing and Urban Development.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MONOPOLE

A freestanding structure which consists of a single vertical pole, fixed into the ground and/or attached to a foundation built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. Antenna(s) may be externally mounted (visible antenna) or internally mounted (no visible antennas).[13]

[Added 7-13-2015 by Ord. No. 3-2015]

MOTEL

MUNICIPALITIES PLANNING CODE

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and reenacted by Act 170 of 1988, 53 P.S. § 10101 et seq., and any subsequent amendments thereto.

MUNICIPALITY

A Township, borough or city or as more specifically defined herein.

[Added 7-13-2015 by Ord. No. 3-2015]

MUNICIPAL USE

The use of Pocopson Township, any agency of the Township, or any authority created by the Township for administrative building, equipment or material storage, public park or recreation area, public sewage treatment and/or water supply collection, treatment, storage, and/or distribution facilities, stormwater management facilities or any similar use owned or operated by Pocopson Township, its agencies or authorities. The definition of "municipal use" expressly excludes any use by any governmental agency or authority other than those of Pocopson Township.

[Added 11-19-2003 by Ord. No. 3-2003]

NATURALLY OCCURRING SPECIES

Species of plants that are either native to the mid-Atlantic region (Pennsylvania, Delaware, Maryland, New Jersey), or that have become naturalized (freely reproducing) in the area (common field daisy, wild carrot). Generally excluded are exotic species introduced to the area which are considered undesirable or invasive, e.g., such trees as ailanthus, silver maple, and catalpa and plants such as oriental bittersweet, Japanese honeysuckle, and multiflora rose.

NET ACRE

Any single acre (or in the plural, a component of larger net acreage) meeting the definition of "net tract area."

[Added 11-19-2003 by Ord. No. 3-2003]

NET DENSITY (in planned residential development)

That number of dwelling units per acre which is obtained after subtracting common open space areas from the total tract area.

NET TRACT ACRES or NET TRACT ACREAGE

The net tract area, measured in acres.

[Added 11-19-2003 by Ord. No. 3-2003]

NET TRACT AREA

The net area of any lot or tract for purposes of density calculation and determination of compliance with certain area and bulk criteria, measured in acres. The net tract area shall be determined by subtracting the following from the surveyed gross area of the tract:

[Added 11-19-2003 by Ord. No. 3-2003; amended 5-14-2007 by Ord. No. 3-2007; 8-14-2017 by Ord. No. 1-2017]

(1)

All lands within existing rights-of-way or easements for public or private streets.

(2)

All lands within existing or proposed rights-of-way or easements for pipelines, or electrical transmission lines for 125 KVA or greater.

(3)

Any lands within any other easements to the extent that such easements clearly limit development of the tract or restrict the use of land for density calculation purposes.

(4)

Ninety percent of any acreage comprising one or more of the following:

(a)

Any area within the floodplain (Article VI of this chapter).

(b)

Very steep slopes as defined herein, except that for any tract of 15 acres or less and involving three or fewer dwellings, USGS topography may be used where the Township Engineer agrees that, based on USGS topography, no slopes exceed 20%.

(c)

Wetlands as defined herein.

(5)

Fifty percent of any acreage comprising seasonal high-water table soils as defined herein.

(6)

For purposes of density calculation only, an additional 5% of the gross tract acreage shall be excluded in order to provide for future infrastructure needs.

NO-IMPACT HOME-BASED BUSINESS

[Added 11-19-2003 by Ord. No. 3-2003]

(1)

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:

(a)

The business activity shall be compatible with the residential use of the property and surrounding residential uses;

(b)

The business shall employ no employees other than family members residing in the dwelling;

(c)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature;

(d)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights;

(e)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood;

(f)

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;

(g)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area;

(h)

The business may not involve any illegal activity.

(2)

A business or commercial activity not satisfying the above requirements may be regulated as a major or minor home occupation where the standards of § 250-89 are met.

NONAGRICULTURAL TRACTS

Any separately deeded tract within the RA Zoning District which at the time of adoption of this definition contains less than 20 gross acres of land(s) comprising prime agricultural soils as listed in § 250-13G of this chapter, regardless of contiguity or fragmentation of such land(s).

[Added 11-19-2003 by Ord. No. 3-2003]

NONCONFORMING USE

A use whether of land or of a structure which does not conform with the provisions of the district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments.

NON-PARTICIPATING LANDOWNER

Any landowner except those on whose property all or a portion of an alternative and/or emerging energy facility is located pursuant to the provisions of this chapter.

[Added 7-13-2015 by Ord. No. 4-2015]

OCCUPIED BUILDING

An occupied building located on a parcel of land utilized as a permitted use in accordance with the provisions of the Township.

[Added 7-13-2015 by Ord. No. 4-2015]

OLDFIELD

An area undergoing natural succession characterized by the presence of herbs, shrubs, and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.[14]

[Added 5-14-2007 by Ord. No. 3-2007]

OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEM

A type of geothermal heating and/or cooling system that utilizes a water supply well, or other source, and a pump to deliver groundwater to a heat exchanger. The discharge water from the heat exchanger may be returned to the subsurface through a recharge well or infiltration bed, or may be discharged into a pond, lake, or stream.

[Added 7-13-2015 by Ord. No. 4-2015]

OVERSTORY

Trees in the upper level, or canopy, of the forest.

[Added 10-16-2017 by Ord. No. 3-2017]

OWNER

As used in this section, unless otherwise specified in the context, the term "owner" shall mean the individual(s), entity or entities having an ownership interest in the alternative and/or emerging energy facility, including their successors and assigns.

[Added 7-13-2015 by Ord. No. 4-2015]

PADEP

Pennsylvania Department of Environmental Protection.

[Added 10-16-2017 by Ord. No. 3-2017]

PADOT

Pennsylvania Department of Transportation.

[Added 10-16-2017 by Ord. No. 3-2017]

PERSON

Any natural person, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.

[Added 11-28-2005 by Ord. No. 3-2005]

PERSONAL SERVICE ESTABLISHMENT

A building or portion of a building in which the services of a person permitted to practice a specified profession are offered to the general public. Examples of such professions include but are not limited to accountants, architects, barbers, beauticians, lawyers, planners, therapists, optometrists, photographers, tailors, therapeutic massage, or other similar personal service establishments as approved by the Zoning Officer.

[Added 1-24-2022 by Ord. No. 1-2022]

PHOTOMETER

Light meter.

PLANNED NEIGHBORHOOD CENTER

Integrated retail, service, and/or office uses designed and constructed as a unit on a single tract with grouped off-street parking, to be developed and administered by a single entity in accordance with an approved overall plan.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land to be developed as a single entity for a number of dwelling types, or combination of residential and compatible convenience commercial uses. Development plans do not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space provisions of any one residential district within this chapter.

[Amended 11-28-2005 by Ord. No. 3-2005]

PLANTED AREAS

Areas where trees, shrubs, flowers, grasses or combinations thereof are planted as integral parts of a landscape design.

PLANTING STRIPS

Areas of land where trees, shrubs, flowers, grasses, and combinations thereof are planted.

PNDI

Pennsylvania Natural Diversity Inventory.

[Added 5-14-2007 by Ord. No. 3-2007]

POCOPSON TOWNSHIP BOTANICAL SURVEY

A selective survey or inventory of vegetation and/or wildlife habitat conducted on behalf of Pocopson Township. Where adopted by the Board of Supervisors, such survey shall be considered an addendum incorporated by reference into this chapter and made a part hereof.

[Added 5-14-2007 by Ord. No. 3-2007]

PRIVACY FENCE

A fence more than six feet in height with close-fitting vertical or horizontal material that block views into a yard or area.

[Added 12-3-2012 by Ord. No. 8-2012]

PROFESSIONAL FORESTER

A forester meeting one of the following requirements:

[Added 10-16-2017 by Ord. No. 3-2017]

(1)

Possessing at least two years of technical forestry experience and an associate's degree in forest technology, forestry, forest management, forest ecosystem management, urban forestry, forest science, agroforestry, or similar course of study.

(2)

Possessing a bachelor's or master's degree in forest technology, forestry, forest management, forest ecosystem management, urban forestry, forest science, agroforestry, or similar course of study.

(3)

Possessing a bachelor's or master's degree in wildlife biology, botany, or plant ecology.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township or by other means as permitted by Pennsylvania Law. Such notice shall state the time and place of any hearing or meeting and the particular nature of the matter to be considered at the hearing or meeting. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing or meeting.

[Amended 5-9-2011 by Ord. No. 1-2011]

PUBLIC UTILITY COMPANY

A company that provides energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code.

[Added 7-13-2015 by Ord. No. 4-2015]

RARE SPECIES SITES

Sites which have been identified on the Pennsylvania Natural Diversity Inventory (PNDI), the Chester County Natural Areas Inventory, or any Pocopson 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. Mapping as indicated in any Pocopson Township Botanical Survey or exceptional natural areas inventory shall take precedence where differing from any other map source.

[Added 5-14-2007 by Ord. No. 3-2007]

REASONABLE ATTORNEYS' FEES

All those attorneys' fees incurred by the Township in bringing an action to enforce this chapter and collect fines and penalties in connection therewith and shall be at that hourly rate annually approved by the Board for the Township Solicitor.

[Added 11-28-2005 by Ord. No. 3-2005]

RECREATION, ACTIVE

Recreational activities which normally require some or all of the following: a designated recreational area, structural or paved facilities, and athletic equipment. Such pursuits include, as examples: tennis, swimming, ball games, motorcross tracks and playground activities.

[Amended 1-24-2022 by Ord. No. 1-2022]

RECREATION, PASSIVE

Recreational activities which normally entail the enjoyment of the natural surroundings with minimal disturbance of the same. Such activities include, as examples, walking/hiking and horseback riding along established trails, bird watching, biking and picnicking.[15]

REFUSE

Man-made debris, including tires, oil cans, equipment parts, and other rubbish.

[Added 10-16-2017 by Ord. No. 3-2017]

REGENERATION METHOD

A cutting method designed to promote and enhance natural establishment of trees. Even-aged stands are perpetuated by seed tree, shelterwood and clear-cutting methods. Uneven-aged stands are perpetuated by selecting individual or small groups of trees for removal. Five requirements shall be considered prior to making a regeneration cut:

[Added 10-16-2017 by Ord. No. 3-2017]

(1)

Abundant advanced regeneration (seedlings and sprouts) should be present on the forest floor, or there should be ample seed in the forest floor litter that can germinate after the overstory is removed;

(2)

Seedlings and sprouts should be well distributed;

(3)

They should be desirable species;

(4)

Vegetation that will inhibit the growth and development of seedlings and sprouts should be controlled;

(5)

Seedlings and sprouts shall be protected from over-browsing by white-tailed deer.

RESIDUAL STAND

Trees remaining following any cutting operation.

[Added 10-16-2017 by Ord. No. 3-2017]

RESTAURANT

An eating establishment which provides for the sale and consumption of food and beverages and which contains inside seating facilities.

RESTAURANT, FAST-FOOD

An eating establishment where customers place their orders at an inside window, or service area, and where food is either served for consumption at the eating areas within the building or is taken out for consumption away from the premises.

RESTAURANT, FAST-FOOD WITH DRIVE-THROUGH SERVICE

An eating establishment which provides service to customers who remain seated in automobiles, and said service is provided either through an exterior window, or service area, or directly to parked automobiles.

RESTRICTED OPEN SPACE

A parcel of land or an area of water, or a combination of land and water, within a cluster development as prescribed by this chapter which, after being subject to appropriate restrictions against development, may be designated entirely or in part as common open space or which may be held in ownership and use separate and apart from the owners and/or residents of the development.

RETAIL USE

A commercial establishment devoted to the sale of products and services to patrons within an enclosed building. Retail uses may include establishments selling food, groceries, beverages, clothing, business or office supplies, entertainment items, furniture, home improvement supplies, household products, personal care supplies, building supplies, sporting goods, equipment, machines, computers, electronics, pet supplies, medical supplies, agricultural supplies, automobile supplies, firearms, and other similar retail uses as approved by the Zoning Officer. The retail sale of gasoline shall not be considered a retail use.

[Added 1-24-2022 by Ord. No. 1-2022]

RETAINING WALL

A wall composed of concrete, stone, brick, timber, or other approved building material constructed for the purpose of supporting a cut or filled embankment, that holds back earth or water from a building or other structure, or that stabilizes soil and/or rock from downslope movement or erosion and provides support for vertical or near-vertical grade changes and which is four or more feet in height as measured on the exposed vertical surface of the wall.

[Added 12-3-2012 by Ord. No. 8-2012]

RIGHT-OF-WAY OR ROW

The surface of and space above and below any real property in the Municipality in which the Municipality, county or commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Municipality, county 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 Municipality, county or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. The phrase "existing right-of-way" is the legal right-of-way as established by the commonwealth or other appropriate governing authority and which is currently in existence. The phrase "future right-of-way" is the right-of-way deemed necessary to provide adequate width for future street improvements.

[Added 7-13-2015 by Ord. No. 3-2015]

RIPARIAN

Belonging or related to the bank of a water body.

[Added 10-16-2017 by Ord. No. 3-2017]

RIPARIAN BUFFER

A vegetated area, including trees, shrubs, and herbaceous vegetation, adjacent to a water body.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

ROAD

A public or private highway, road, street or land intended for use by vehicular or pedestrian traffic to provide access to two or more lots. Roads are further classified to their function:

(1)

ARTERIALA road whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on collector and local streets, offering limited and access.

(2)

COLLECTORA road whose function is to provide for the movement of traffic to arterial roads from residential areas.

(3)

LOCAL RESIDENTIALA road whose function is to provide for local traffic movement and direct access to abutting properties, offering the greatest number of accesses.

ROAD OR STREET LINE

The edge of the legal right-of-way of a road or street.

SANITARY SEWAGE SYSTEM, COMMUNITY

A sanitary sewage collection system in which sewage is carried from individual units by a system of pipes to a central treatment or disposal facility, generally serving a single residential development. Disposal involves the use of land application of treated effluent by means of spray irrigation and/or use of subsurface disposal systems.

SEASONAL HIGH WATER TABLE SOILS

[Amended 5-14-2007 by Ord. No. 3-2007]

(1)

Any soil inventoried or described as hydric, as a soil with hydric inclusions, or as a soil with a seasonally high water table in the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Natural Resources Conservation Service (NRCS). Where such soils are regulated as wetland(s), the more restrictive regulation shall apply. In Pocopson Township, seasonal high water table soils shall include, but are not limited to:

(a)

Calvert Silt Loam (CaB2).

(b)

Chester Very Stony Silt Loam (CgC).

(c)

Chewacla Silt Loam (Ch).

(d)

Glenville Silt Loam (GnA, GnB, GnB2, GnC2).

(e)

Wehadkee Silt Loam (We).

(f)

Worsham Silt Loam (WoA, WoB, WoB2).

(2)

Where site conditions indicate that the location of seasonal high water table soils differ from locations indicated by the NRCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the NRCS information shall be presumed to be accurate. Where the applicant requests reclassification of seasonal high water table soils or adjustment of their location, such request shall be supported by documentation submitted by a certified soil scientist or other similarly qualified professional.

SEASONALLY WET

Refers to wetlands that have water at or near the surface only during periods of abundant rainfall or snow melt.

[Added 10-16-2017 by Ord. No. 3-2017]

SEED TREE METHOD

A sustainable forest regeneration method of timber harvesting that leaves a few of the best trees standing to become the parent trees of the new forest.

[Added 10-16-2017 by Ord. No. 3-2017]

SELECTION CUT

The removal of trees singly or in small groups for the purpose of regeneration. A well-designed selection cut removes trees of lesser quality and trees in all diameter classes along with merchantable and mature, high-quality timber.

[Added 10-16-2017 by Ord. No. 3-2017]

SELECTIVE CUTTING

The removal of high-quality trees singly or in small groups based on a minimum diameter limit. Selective cutting often equates to high-grading and can compromise the quality of the future stand.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

SELECTIVE CUTTING

The felling of certain, but not all, trees in an area for the purpose of removing dead, diseased, damaged, mature, or marketable timber or for improving the quality of a tree stand.

[Amended 5-14-2007 by Ord. No. 3-2007]

SETBACK

The minimum distance that a building must be from a lot line and/or street or shared driveway right-of-way in the front, side or rear of the building.

[Added 12-10-2007 by Ord. No. 9-2007]

SHELTERWOOD METHOD

A sustainable forest regeneration method of timber harvesting that leaves a large number of trees standing long enough to establish and protect "advanced regeneration" sites until the seedlings and saplings are well established. After regeneration is well established, the sheltering trees are harvested, permitting the advanced regeneration to occupy the site fully.

[Added 10-16-2017 by Ord. No. 3-2017]

SHOP

A room in, or a small portion of, a building, or a small outbuilding appurtenant to a building used by the occupant of the building as a location to conduct an artisan's or a mechanic's trade; provided that no goods shall be publicly displayed and no persons shall be employed in the fabrication of products who do not reside on the premises whereupon the shop is located.

SHORT-TERM RENTAL UNIT (STR)

Any dwelling unit which is utilized as a single-family dwelling rented for the purpose of overnight lodging for a period of seven days or less.

[Added 7-27-2020 by Ord. No. 3-2020]

SIGN

Any name, nameplate, billboard, poster, panel, display, illustration, structure or device used for visual communication which is affixed, painted, or represented directly or indirectly upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public or advertising a business, commodity, service or product, or for identifying a business structure or use of land.

SIGN DISPLAY AREA

The display area of any sign shall be computed exclusive of the sign’s supporting elements or structure, provided the supporting elements or structure do not contain any lettering, wording, symbols, graphics or logo background. The display area of the sign shall be computed by multiplying the width of any materials that contain the letters, pictures or background of the sign by the height of such materials. Only one side of a double-faced sign shall be used to calculate sign display area.

[Amended 12-21-2009 by Ord. No. 3-2009]

SIGN HEIGHT

The height of any sign shall be measured to the topmost point of the sign including the sign-supporting elements and/or structure from the average surrounding grade at the base of the supports, or the base of any sign attached to the ground. The height of signs placed on berms, mounds, or similar landscape features or on hills or mounds left after a lot is graded shall be measured from the finished or established grade around such features.

[Amended 12-21-2009 by Ord. No. 3-2009]

SILVICULTURE

The art, science, and practice of establishing, tending, and reproducing forest stands.

[Added 10-16-2017 by Ord. No. 3-2017]

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.

SINGLE TREE SELECTION

A sustainable forest regeneration method of timber harvesting that removes individually selected trees throughout all diameter classes, creating small gaps in the canopy to facilitate regeneration.

[Added 10-16-2017 by Ord. No. 3-2017]

SITE RESTORATION

Measures taken following the completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.

SKID

Drag logs by lifting one end off the ground to reduce resistance.

[Added 10-16-2017 by Ord. No. 3-2017]

SKID ROAD

A road designed for frequent use by skidding equipment. Skid roads typically incorporate water-control structures.

[Added 10-16-2017 by Ord. No. 3-2017]

SKID TRAIL

A trail requiring less construction than a skid road because it is used less frequently by skidding equipment.

[Added 10-16-2017 by Ord. No. 3-2017]

SKILLED NURSING FACILITY

Facilities that provide inpatient nursing care, rehabilitation and other necessary services or treatment involving daily treatment that cannot be provided on an outpatient basis. Includes facilities that provide more limited nursing services such as assisted living facilities, nursing homes, and continuing care retirement communities. Outpatient services may be provided on a limited basis if associated with the continuing care of previous inpatients. A treatment center shall not constitute a skilled nursing facility.

[Added 1-24-2022 by Ord. No. 1-2022]

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

[Added 10-16-2017 by Ord. No. 3-2017]

SMALL WIRELESS FACILITIES (SWF)

A type of wireless communication facility (WCF) as specifically defined by the Federal Communications Commission in Part 1 of Title 47 of the Code of Federal Regulations, as such term may be amended from time to time.

[Added 5-20-2019 by Ord. No. 4-2019]

SOLAR ENERGY

Energy which has been converted, through the use of a solar energy system, from sunlight into usable electricity or to heat air, water, or other fluids for use in hot water or space heating, or other applications.

[Added 7-13-2015 by Ord. No. 4-2015]

SOLAR ENERGY SYSTEM

An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user, or which is to be sold to a public utility company to be used by others. Particular types of solar energy systems include, but are not limited to:

[Added 7-13-2015 by Ord. No. 4-2015]

(1)

Photovoltaic (PV) Collectors which convert solar energy into electricity;

(2)

Solar Thermal Collectors which are designed to use solar energy to heat air, water, or other fluids for use in hot water or space heating, or other applications.

SOUND HORTICULTURAL PRACTICE-MAINTENANCE

Sound horticultural practice in respect to maintenance shall include but not be limited to the following:

(1)

Proper, regular and periodic watering of nursery stock through first full year after planting;

(2)

Removal and replacement of diseased, dying, or dead planting stock;

(3)

Proper, regular, and periodic mulching and pruning of pruning of nursery stock;

(4)

Wrapping of deciduous tree trunks (greater than two inches caliper) with krinkle kraft type tree wrapping;

(5)

Proper guying of all trees (two inches caliper and more) through first full year after planting.

SPECIAL CONCERN SPECIES

Plant and animal species that are not listed as threatened or endangered by a jurisdictional agency, but are identified on a PNDI receipt as an at risk species. These include:

[Added 10-16-2017 by Ord. No. 3-2017]

(1)

Plant and animal species that are classified as rare, vulnerable, tentatively undetermined or candidate;

(2)

Taxa of conservation concern; and

(3)

Special concern plant populations.

SPECIAL EXCEPTION

The permission or approval granted by the Zoning Hearing Board in situations where provisions therefor is made by the terms of this chapter.

STACK

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.

[Added 7-13-2015 by Ord. No. 4-2015]

STAND

A grouping of vegetation sufficiently uniform in species composition, age, and condition to be distinguished from surrounding vegetation types and managed as a single unit.

[Added 10-16-2017 by Ord. No. 3-2017]

STAND DENSITY

A quantitative, absolute measure of tree occupancy per unit of land area in such terms as numbers of trees, basal area (cross-sectional area of a tree trunk at breast height), or volume.

[Added 10-16-2017 by Ord. No. 3-2017]

START OF CONSTRUCTION

The date a building permit was issued, provided the actual start of the construction, repair, reconstruction, placement or other improvements is within 180 days of the permit date. The actual start means either the first act of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the 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 on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main construction.

STEALTH TECHNOLOGY

Camouflaging methods applied to tower-based wireless communications facilities, structure-mounted wireless communications facilities, antennae and other wireless communications 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 antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.

[Added 7-13-2015 by Ord. No. 3-2015]

STEEP SLOPE

[Added 5-14-2007 by Ord. No. 3-2007]

(1)

Those areas of land where the grade is 10% or greater. Steep slopes are divided into two categories:

(a)

"Moderately steep slopes" are those areas of land where the grade is 10% to 20%.

(b)

"Very steep slopes" are those areas of land where the grade is greater than 20%.

(2)

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 these 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 topographical 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.

STEEP SLOPE MARGIN

Any area not otherwise regulated as steep slope and located within 25 feet upslope of any area regulated as steep slope, measured perpendicularly to the contour of the land. Areas measured laterally or downslope of steep slope areas shall not be regulated as steep slope margin.

[Added 5-14-2007 by Ord. No. 3-2007]

STEEP SLOPE AREAS

Lands consisting of moderately steep slopes, steep slope margins, and/or very steep slopes, as defined herein.

[Added 10-16-2017 by Ord. No. 3-2017]

STRUCTURE

Any assembly of materials above or below the surface of land or water including but not limited to buildings, mobile homes, fences (except single strand wire), dams, fills, levees, bulkheads, dikes, jetties, embankments, causeways, culverts, roads, railroads, and bridges.

STUDIO

A room in, or a small portion of, a building or a small outbuilding appurtenant to a building used by the occupant of the building as a location to conduct an activity involving any field of artistic work; provided that no goods shall be publicly displayed and no persons shall be employed in the fabrication of products who do not reside on the premises whereupon the studio is located.

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, partition by the court for distribution to heirs or devisees, transfer of ownership of building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential or agricultural dwelling, shall be exempted.

[Amended 11-28-2005 by Ord. No. 3-2005]

(1)

MAJORAny subdivision other than a minor subdivision and any land development.

(2)

MINORA subdivision dividing a tract in a residential zoning district into three or less lots, and in which the installation of new roads or streets, storm sewer systems, or private streets serving more than three lots, off-site sewage facilities or off-site water supply facilities is neither proposed or required. In addition, any divisions of land for agricultural leasing purposes into parcels of more than 10 acres, not involving any new street or easement access or structures.

SUBSTANTIAL IMPROVEMENT

(1)

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(a)

Before the improvement or repair is started; or

(b)

If the structure has been damaged, and is being restored, before the damage occurred.

(2)

The term does not, however, include either:

(a)

Any project for improvement of a structure to comply with existing sate or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(b)

Any alteration of a structure listed in the National Register of Historic Places or the Pennsylvania Inventory or Register of Historic Places.

SUBSTANTIALLY CHANGE

[Added 7-13-2015 by Ord. No. 3-2015]

(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 herein 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.

SURVEYED HISTORIC RESOURCE

Within the context of this chapter, any building in Pocopson Township which was identified and included within the Chester County Historic Sites Survey listing and map, or any building subsequently added thereto by the Board of Supervisors or any National Register site.

TEMPORARY FENCE

A fence, such as snow fence or construction fence, that is expandable or collapsible and employed to create a short term barrier.

[Added 12-3-2012 by Ord. No. 8-2012]

TEMPORARY SIGNS

Any sign which indicates a use or service not intended to be a permanent part of the property on which it is located; i.e., real estate sales or rental, construction site, service contractors working on the site.[16]

THREATENED AND ENDANGERED SPECIES

Those animal and plant species identified as a threatened or endangered species, as determined under: Endangered Species Act of 1973, 16 U.S.C.A. § 1531 et seq.; Wild Resources Conservation Act, 32 P.S. § 5301; Fish and Boat Code, 30 Pa.C.S.A. § 101 et seq.; and Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq. This also includes animal and plant species proposed for listing as endangered and threatened, pursuant to the Endangered Species Act of 1973, 16 U.S.C.A. § 1531 et seq.

[Added 10-16-2017 by Ord. No. 3-2017]

TIMBER HARVEST OPERATOR

An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

[Added 10-16-2017 by Ord. No. 3-2017]

TIMBER HARVESTING

The cutting, uprooting or removal of more than 20 trees of 12 inches or greater DBH from any area of woodland, whether accomplished in a single operation or in more than one operation over three or fewer years. The removal of trees pursuant to an approved subdivision or land development plan or landscape plan, the removal of dead or diseased trees, or invasive vegetation, and the cutting or removal of trees as part of a Christmas tree farming or nursery operation shall not be considered timber harvesting.

[Added 10-16-2017 by Ord. No. 3-2017]

TIMBER HARVESTING PLAN

A plan submitted in conformance with the provisions set forth in § 250-87L which describes, by means of text and maps, proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a professional forester.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

TOP

The upper portion of a felled tree that is unmerchantable because of small size, taper, or defect.

[Added 10-16-2017 by Ord. No. 3-2017]

TOP OF BANK

The elevation at which rising waters begin to inundate the floodplain. In case of ambiguous, indefinite, or nonexistent floodplain or question regarding the location, the top of bank shall be the bankfull water elevation as delineated by a person trained in fluvial geomorphology. "Top of bank" shall be synonymous with "edge of water."

[Added 10-16-2017 by Ord. No. 3-2017]

TOURIST HOUSE

A dwelling in which overnight sleeping accommodations are provided or offered for transient guests for compensation.

TOWNSHIP CODE ENFORCEMENT OFFICER

The person appointed by the Township Board of Supervisors to administer the Township Code (i.e., the compilation of Township ordinances) except for those provisions found in this chapter which are exclusive province of the Zoning Officer. Where specific reference is made in this chapter to the Township Code Enforcement Officer, this chapter will specifically authorize the Township Code Enforcement Officer to regulate the activity referenced. The Township Code Enforcement Officer shall be entitled to exercise all powers necessary for the administration of the Township Code including the regulation of building permits and use and occupancy permits. Any building official, building officer or any variation thereof shall be construed as a reference to the Township Code Enforcement Officer.

TRAIL

A linear structure not less than five feet in width, composed of compacted stone, macadam, or concrete or other material as approved by the Board of Supervisors, and constructed to Township specifications. Trail(s) shall be designed to provide alternative transportation and recreational opportunities for exclusively nonmotorized movement of people, including pedestrians, cross-country skiers, equestrians, bicyclists or others as the Township may designate. A trail may be constructed within the rights-of-way of streets and roads as a bikeway to accommodate higher-speed bicycling and other users or as an off-road trail that may be located within a defined trail corridor secured by a trail easement.

[Amended 3-4-2002 by Ord. No. 1-2002; 5-9-2011 by Ord. No. 1-2011]

TRAIL AND BIKEWAY SYSTEM

An integrated system of trails and bikeways designed to link all sections of the Township by paralleling all streets and roads either within the rights-of-way of such streets and roads or off road within trail easement corridors. The system may be generally delineated by a trails map, but precise locations of trails and bikeways shall be determined during subdivision and land development processes or prior to their acquisition. No motorized vehicles shall be permitted to use such trails.

[Added 3-4-2002 by Ord. No. 1-2002]

TRAILER CAMP or MOBILE HOME PARK

Lot or premises occupied or designed for occupancy by more than one, or structures, either with or without wheels, provided that this shall not apply to trailers or other vehicles occupied by the owner or owners of the premises on which erected, or by members of their immediate family; provided further that continuous occupancy of any land by trailers for 30 days, by persons other than the owner or owners of the premises, shall be deemed to create a mobile home park whether said 30 days' occupancy is by two or more trailers.[17]

TRANSFERABLE DEVELOPMENT RIGHTS or TDRs

Development rights calculated in GFA which are severed from one tract ("sending tract"), thereafter proportionately restricted from further development by conservation easement, and attached to another tract ("receiving tract") for development at a greater intensity than otherwise permitted. TDRs available for sending may be established as provided in § 250-14 or may be established as bonus density on the sending tract as provided in § 250-16B(3). Use of TDRs to provide for increased development on the receiving tract shall be accomplished as provided under one or more of the applicable residential development options in Article III. All TDR transactions also shall conform to all applicable provisions of Article XV, Transferable Development Rights.

[Added 11-19-2003 by Ord. No. 3-2003]

TREATMENT CENTER

A use (other than a prison or a permitted accessory use in a hospital) providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays of less than one year and who need such facilities because of:

[Added 1-24-2022 by Ord. No. 1-2022]

(1)

Criminal rehabilitation, such as a criminal halfway house or a treatment/housing center for persons convicted of driving under the influence of alcohol;

(2)

Addiction to alcohol and/or a controlled substance.

TREE CANOPY

The extent of coverage of the uppermost layers of leaves on a tree.

[Added 10-16-2017 by Ord. No. 3-2017]

TREE GROUPINGS OR MASSES

Groups of three or more trees of minimum three-inch DBH whose branches or foliage overlap or generally appear to form a continuum.

TURBINE HEIGHT

The distance measured from the surface of the tower foundation to the lowest and/or highest point of the turbine rotor plane.

[Added 7-13-2015 by Ord. No. 4-2015]

UNDERSTORY

The smaller vegetation (shrubs, seedlings, saplings, small trees) within a forest stand, occupying the vertical zone between the overstory and the herbaceous plants of the forest floor.

[Added 10-16-2017 by Ord. No. 3-2017]

UNIQUE NATURAL FEATURES

Those elements, features, or attributes of a landscape which are the most distinctive determinants or results of a particular natural ecosystem and man's intervention and which can provide tangible as well as intangible benefits to the public when preserved or protected, including but not limited to the following:

(1)

Trees over 12 inches caliper at three feet above the ground.

(2)

Uncommon or rare trees or shrubs.

(3)

Areas with abundant diverse native wildflowers or which contain rare or endangered native plants.

(4)

Significant, unusual or uncommon rocks, barrens, geological areas or outcrops.

(5)

Wildlife conservation or habitat areas such as den trees, brush or thicket habitats.

(6)

Wetlands, marshes, swamps, floodplains.

(7)

Scenic overlooks, views, vistas.

(8)

Woodlands.

VETERINARY HOSPITAL or ANIMAL CLINIC

A professional use operated by a doctor of veterinary medicine used for the diagnosis, care and treatment of domesticated animals, including dogs, cats, reptiles and birds, which may include the provision for a medical laboratory and overnight boarding accommodations.

[Added 1-24-2022 by Ord. No. 1-2022]

VILLAGE LOTS

Lots provided where permitted for either single-family detached and/or two-family dwellings and averaging no more than 9,500 square feet per lot. Village lots will generally be configured so as to evoke a traditional village-like settlement pattern and may be planned in conjunction with village greens and/or access via rear alleys, for example.

[Added 11-19-2003 by Ord. No. 3-2003]

WALL

An upright, continuous structure of masonry, wood or other building material that encloses or divides an area of land.

[Added 12-3-2012 by Ord. No. 8-2012]

WATER BODY

Any natural or artificial pond, lake, wetland, impoundment, or watercourse. This shall not include any pond or facility designed and constructed solely to contain stormwater or a swimming pool.

[Added 10-16-2017 by Ord. No. 3-2017]

WATERCOURSE

A watercourse is a channel or conveyance of surface water having a defined bed and banks, such as a stream, river, brook, or creek, whether natural or artificial, with perennial, intermittent, or seasonal flow. This shall not include any channel or ditch designed and constructed solely to carry stormwater.

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

WATER SUPPLY SYSTEM, COMMUNITY

A system for supplying water from a common source(s) to two or more dwelling units, generally serving a single residential development.

WETLAND or WETLANDS

Wetlands are 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 any area so delineated by the National Wetlands Inventory of the U.S. Fish and Wildlife Service and all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers. In the event there is a conflict between the definitions of these agencies, the more restrictive definition shall apply.

[Amended 5-14-2007 by Ord. No. 3-2007]

WIND ENERGY FACILITY

A facility generating electricity from wind, whose main purpose is to convert and supply electricity to a permitted use. Such facilities may include wind turbines, blades, spirals, helixes and/or other accessory wind generating structures, which may also include buildings, substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

[Added 7-13-2015 by Ord. No. 4-2015]

WIND TURBINE

A wind energy conversion system that converts wind energy into electricity through the use of a generator, which may include a nacelle, rotor, tower, transformer pad, blades, spirals, helixes and/or the supporting energy apparatus. Types of wind turbines include, but are not limited to:

[Added 7-13-2015 by Ord. No. 4-2015]

(1)

Small-Scale Turbines, with rotor diameters of approximately nine to 15 feet, on approximately 50 to 85 foot tall poles.

(2)

Roof-Top Turbines, meant for installation on flat-roofed buildings with rotor diameters of approximately 10 to 20 feet.

(3)

Micro-Turbine Panels, with rotors with diameters of one foot or less, meant for areas with low-to-moderate wind speeds.

(4)

Vertical Axis Turbine, with a vertically oriented axis and blades typically, though not always, resembling an "egg beater."

WIRELESS COMMUNICATIONS FACILITIES (WCF)

An unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. A WCF provides services which include cellular phone, personal communication services, other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). WCFs are composed of two or more of the following components:

[Added 7-13-2015 by Ord. No. 3-2015]

Antenna;

Mount;

Equipment enclosure;

Security barrier.

WIRELESS COMMUNICATIONS FACILITIES EQUIPMENT ENCLOSURE

A small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning and emergency generators.

[Added 7-13-2015 by Ord. No. 3-2015]

WIRELESS COMMUNICATIONS FACILITIES, STRUCTURE-MOUNTED

A wireless communication facility located on existing structures such as buildings, light poles, utility poles, flag poles, transformers, and/or tanks, and may encompass co-location as defined herein. This does not include support structures for antennae or related equipment that is mounted to the ground or at ground level, and also does not include WCF located upon single-family or two-family dwellings which is prohibited in the Municipality.

[Added 7-13-2015 by Ord. No. 3-2015]

WIRELESS COMMUNICATIONS FACILITIES, TOWER-BASED

A structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting towers and monopoles. DAS hub facilities are considered to be tower-based WCFs.

[Added 7-13-2015 by Ord. No. 3-2015]

WIRELESS COMMUNICATION SERVICES

Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the future.

[Added 7-13-2015 by Ord. No. 3-2015]

WIRELESS SUPPORT STRUCTURE

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 Municipality.

[Added 7-13-2015 by Ord. No. 3-2015]

WOOD-FIRED BOILER

An alternative energy facility designed to burn clean wood or other permitted solid fuels, which transfers heated air or liquid through a piping or ventilation system. All such systems are contained within an accessory structure that is not intended for habitation by humans or animals. A wood-fired boiler may also be known as outdoor wood-fired furnace, outdoor wood-burning appliance, outdoor hydraulic heater, outdoor hydronic heater and/or water stove.

[Added 7-13-2015 by Ord. No. 4-2015]

WOLF TREE

A large branchy tree that occupies more space in the forest than similar trees of the same diameter. Wolf trees may have high wildlife and aesthetic value but little, if any, timber value.

[Added 10-16-2017 by Ord. No. 3-2017]

WOODLAND

A plant community covering an area of one acre or more, in which tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete, aerial canopy. The extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in such a plant community. Woodland shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of "woodland" prior to timbering or disturbance. Woodlands do not include orchards or old fields. A woodland may also be termed a "forest."[18]

[Added 5-14-2007 by Ord. No. 3-2007; amended 10-16-2017 by Ord. No. 3-2017]

WOODLAND DISTURBANCE

[Added 5-14-2007 by Ord. No. 3-2007; amended 12-10-2007 by Ord. No. 10-2007; 10-16-2017 by Ord. No. 3-2017]

(1)

Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground;

(2)

Any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow;

(3)

Woodland disturbance does not include the following:

(a)

Removal of vegetation which constitutes hazardous condition(s); nor

(b)

Selective cutting or removal of invasive vegetation.

(4)

Where woodland disturbance is regulated as timber harvesting, such operation shall not be separately regulated as a woodland disturbance.[19]

YARD

An open or unoccupied area around the inner periphery of a lot; a yard extends parallel to lot lines and street lines, is measured as distance perpendicular to lot and street lines, but does not include courtyards or other spaces enclosed by three or more sides of a building.

[Amended 12-10-2007 by Ord. No. 9-2007]

YARD, FRONT

A yard between and parallel to a street line and building setback line from which the lot has primary access or which abuts the lot and extending the entire width of the lot. 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 to which the front of the principal building is predominately faced, and a side yard, opposite the other street. The front yard for flag lots or pie-shaped lots is measured from a line paralleling the street to a point where the lot is a minimum of 50 feet wide.

[Added 12-10-2007 by Ord. No. 9-2007]

YARD, REAR

A yard extending the full width of the lot from the principal building a specified depth to the rear lot line. For flag and pieshaped lots, the rear yard shall be the area between the principal building and the rear lot line which is directly opposite the front yard.

[Added 12-10-2007 by Ord. No. 9-2007]

YARD, SIDE

The required open space extending from the side lot line continuing throughout the whole depth of the lot (excluding the street line).

[Amended 12-10-2007 by Ord. No. 9-2007]

ZONING OFFICER

The person appointed by the Township Board of Supervisors to administer this chapter in accordance with its literal terms. The Zoning Officer must meet the requirements of Section 614 of the Municipalities Planning Code [20] and is entitled to exercise all powers necessary for the administration of this chapter.

ZONING ORDINANCE

The Zoning Ordinance as adopted and amended by the Municipality in its entirety.

[Added 7-13-2015 by Ord. No. 3-2015]

[1]

Editor's Note: The former definition of "agricultural purposes," which immediately followed this definition, was repealed 1-24-2022 by Ord. No. 1-2022.

[2]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

[3]

Editor's Note: The former definition of "building setback line," which immediately followed this definition, was repealed 12-10-2007 by Ord. No. 9-2007.

[4]

Editor's Note: The former definition of "communication tower," which immediately followed this definition, was repealed 7-13-2015 by Ord. No. 3-2015.

[5]

Editor's Note: The former definition of "convenience commercial," which immediately followed this definition, was repealed 11-28-2005 by Ord. No. 3-2005. The former definition of "DBH,"which immediately followed this definition, was repealed 5-14-2007 by Ord. No. 3-2007.

[6]

Editor’s Note: The definition of “floodway,” which immediately followed this definition, was repealed 8-14-2017 by Ord. No. 1-2017.

[7]

Editor's Note: The Woodland Classification Map is on file in the Township offices.

[8]

Editor’s Note: The definitions of "greenway corridor" and "greenway corridors map," added 5-14-2007 by Ord. No. 3-2007, which immediately followed this definition, were repealed 10-16-2017 by Ord. No. 3-2017.

[9]

Editor's Note: The former definition of "gross residential density (in planned residential development)," which immediately followed this definition, repealed 11-28-2005 by Ord. No. 3-2005.

[10]

Editor’s Note: The definition of "invasive plant species," added 11-19-2003 by Ord. No. 3-2003, which immediately followed this definition, was repealed 10-16-2017 by Ord. No. 3-2017.

[11]

Editor's Note: The former definition of "kennel," which immediately followed this definition, was repealed 11-23-2009 by Ord. No. 2-2009. See now § 250-92, Keeping of animals.

[12]

Editor's Note: See 53 P.S. § 10503.

[13]

Editor's Note: The former definition of "motel," which immediately followed this definition, was repealed 1-24-2022 by Ord. No. 1-2022.

[14]

Editor’s Note: The definition of "one-hundred-year flood," which immediately followed this definition, was repealed 8-14-2017 by Ord. No. 1-2017.

[15]

Editor’s Note: The definition of "reforestation," which immediately followed this definition, was repealed 10-16-2017 by Ord. No. 3-2017. The definitions of "regulatory flood" and "regulatory flood elevation," which immediately followed that definition, were repealed 8-14-2017 by Ord. No. 1-2017.

[16]

Editor’s Note: The definition of "timber harvesting operation," added 5-14-2007 by Ord. No. 3-2007, which immediately followed this definition, was repealed 10-16-2017 by Ord. No. 3-2017.

[17]

Editor's Note: The former definition of "transferable development rights" and "TDRs," which immediately followed this definition, was repealed 1-24-2022 by Ord. No. 1-2022.

[18]

Editor's Note: The definition of "woodland classification map," added 5-14-2007 by Ord. No. 3-2007, which immediately followed this definition, was repealed 10-16-2017 by Ord. No. 3-2017.

[19]

Editor's Note: The definition of "woodland management plan," which immediately followed this definition, was repealed 10-16-2017 by Ord. No. 3-2017.

[20]

Editor's Note: See 53 P.S. § 10614.

Words used in the singular number include the plural and words used in plural number include the singular. The word "building" includes the word "structure."