Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents

§ 162-5 Definitions and word usage.

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article. The present tense includes the future; the singular number includes the plural, and the plural includes the singular; the masculine gender includes the feminine and the neuter; the word "used" includes the words "designed, arranged or intended to be used"; the word "occupied" includes the words "designed, or intended to be occupied"; and the word "shall" is always mandatory. The word "Township" means Upper Uwchlan Township, Chester County, Pennsylvania; the term "Supervisors" means the Board of Supervisors of said Township; the term "Planning Commission" means the Planning Commission of said Township; the term "Zoning Ordinance" means Chapter 200, Zoning, of the Code of Upper Uwchlan Township; the term "Township Engineer" shall mean the Township Engineer of said Township.
ACCELERATED EROSION
The removal of the surface of the land through the combined actions of man and natural processes at a rate which is greater than would occur from the natural process upon undisturbed land.
ACT 247
The "Pennsylvania Municipalities Planning Code" of July 31, 1968, 53 P.S. § 10101 et seq., (Act) No. 247, as amended by Act 170 of 1988.
AGRICULTURE
The cultivation of the soil, the raising and marketing of livestock, poultry and dairying, and the marketing of products of the soil produced on the premises, including, but not by way of limitation, nursery, horticulture, and forestry, but excluding commercial piggery.
APPLICANT
A landowner or developer, as herein defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for building permit, or for the approval of a subdivision plan or plot.
AREA STABILIZATION, CRITICAL
The establishment and maintenance of a suitable vegetative cover, the application of mulches, mechanical devices such as wood-fiber blanket or erosion control netting, the erection of dikes or other structures or barricades to prevent erosion, usually in areas of excavation or fill, or of severe erosion, where there is a critical hazard to properties downstream, or a danger of undermining of nearby structures.
AREA STABILIZATION, NONCRITICAL
The establishment and maintenance of normal vegetative cover in areas which present no immediate hazard to properties nearby or downstream.
BLOCK
Property bounded on one side by a street, and on the other three sides by a street, railroad right-of-way, public park, waterway, Township line, or any combination thereof.
BOARD
The Board of Supervisors of Upper Uwchlan Township, Chester County, Pennsylvania.
BUFFER AREA
A strip of land adjacent to the lot line to establish a visual separation between incompatible uses.
BUILDER
The person responsible for the erection of the building, whether such person be the subdivider or otherwise.
BUILDING SETBACK LINE
The line which establishes the minimum depth of the particular yard in question, for the particular district, as measured from the right-of-way line.
CALIPER
The width of a tree trunk, measured six inches from the ground surface at the point of highest elevation in contact with the trunk of such tree that is four inches in caliper and smaller. Caliper shall be measured 12 inches from the ground surface at the point of highest elevation in contact with the trunk of such tree that is larger than four inches in caliper.
[Added 6-17-2002 by Ord. No. 02-04]
CARTWAY
The surface of a street available for vehicular traffic.
CARTWAY, MINOR
A separate and subordinate cartway within the right-of-way of a major street which is parallel to, and connected at controlled intervals with, the principal cartway, and which serves as the means of access to abutting lots; a service road.
CHANNEL STABILIZATION
Any means of maintaining the lining of an outlet channel impervious to stormwater flow in consideration of the volume and velocity of the flow, including, but not limited to sodding, plastic or jute mesh, glass fiber matting, asphalt, concrete, stone rip-rap, etc.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined as lines of sight between points at a given distance from the intersection of the street rights-of-way, cartways, or center lines.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination of land and water within a development site, designed and intended for the use or enjoyment of the residents of a development and other neighborhoods, consisting of landscaped or natural terrain including lakes and streams. Common open space shall be substantially free of buildings (but may include such buildings or other improvements as are in the development plan as finally approved and as are appropriate for the recreational uses). Common open space shall not include street rights-of-way, private yards, off-street parking areas or stormwater detention/retention facilities required for residential or other noncommon open space functions. The common open space may include recreational uses such as tennis courts, squash courts, playgrounds, golf courses, swimming pools or other like uses.
COMPREHENSIVE PLAN
The document adopted in accordance with the provisions of Act 247, as the Comprehensive Plan for the Township of Upper Uwchlan by the Board of Supervisors.
CONDOMINIUM
Real estate, portions of which are designed for separate ownership and the remainder of which is designed for common ownership solely by the owners of those portions created under the Pennsylvania Uniform Condominium Act of 1980.[1]
CONSERVATION PLAN
A plan for the conservation of the precipitation and soils meeting the standards established, and revised from time to time, by the Chester County Soil and Water Conservation District and by the Soil Conservation Service, U.S. Department of Agriculture.
CONSTRUCTION
Any disturbance of the existing surface of the land or the erection of structures thereon, including the cutting of trees or clearing of brush; provided, however, that the entering upon premises for purposes of surveying, staking or the chopping of lines necessary to obtain data a existing conditions shall not be deemed "construction."
CROSSWALK
A right-of-way exclusively for pedestrian travel across a block and connecting two streets.
CUL-DE-SAC
A single access street having access to and from a through street at one end and terminating at the other end in a paved vehicular turnaround.
DBH (dbh)
The diameter of a tree at breast height, measured 4.5 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree.
[Added 6-17-2002 by Ord. No. 02-04]
DEVELOPER
Any landowner, agent of such landowner, tenant with the permission of such landowner, or equitable owner, who make or causes to be made a subdivision of land or a land development.
DEVELOPMENT AGREEMENT
A written contract between an applicant and the Township specifying the conditions of final approval by the Township.
DESIGN STANDARDS
Minimum standards for the layout by which a subdivision or land development is developed.
DETENTION BASIN
A structure designed to retard surface water runoff for a period of time sufficient to cause the deposition of sediment and to retard the velocity and rate of surface flows leaving a site as a means of preventing erosion.
DIVERSIONS
A channel or ditch and embankment constructed across a sloping land surface, either on the contour or at predetermined gradient, to intercept and divert stormwater before it gains sufficient volume or velocity to scour or cause harmful erosion.
DRAINAGE
The flow of water or other liquid and the means or structures for directing such flow, whether surface or subsurface, and whether natural or artificial.
DRAINAGE AREA
The upstream watershed area of a drainage basin measured from a point of discharge in the watercourse.
DRAINAGE FACILITY
Any structure or improvement designed, intended or constructed for the purpose of diverting surface waters from or carrying surface water off streets, public rights-of-way, or any part of any subdivision or land development.
DRIP LINE
A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
[Added 6-17-2002 by Ord. No. 02-04]
DRIVEWAY, COMMON
A means of private access serving only two lots which is completely paved and having a width of 12 feet.
DRIVEWAY, PRIVATE
That portion of a lot which is intended for vehicular use and which is privately owned, whether paved or unpaved.
EARTH-MOVING ACTIVITY
Man-made activities resulting in the movement of soil or the stripping of vegetative cover from the earth.
EASEMENT
A right-of-way granted, but not necessarily dedicated, for a private, public or quasi-public purpose.
EFFECTIVE SCREEN
Planting of deciduous and evergreen trees and shrubs not less than five feet in initial height and capable of attaining a height and width of not less than 10 feet wherein not less than 50% of the plants shall be evergreen mixed throughout the length of such screen, so arranged or placed as to divert attention from, or obstruct at least 85% of an otherwise clear view of, an objectionable or incompatible use or activity during all seasons of the year. A wall or fence in combination with the aforementioned plantings may be used as an effective screen where required for parking and loading areas. The effective screen shall be in accordance with plans and specifications prepared by a registered landscape architect and shall be compatible with the landscaping on the lot and approved by the Zoning Officer.
ENGINEER, TOWNSHIP
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township of Upper Uwchlan, its Planning Commission or Authority.
EROSION
The process by which soils, vegetation and man-made materials on the earth's surface are worn away by action of water, wind, frost, or a combination of such action by natural forces.
FILL
Any earth, sand, gravel, rock or any other material which is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.
FOOTCANDLE
A unit of incident light stated in lumens per square foot and measurable with an illuminance meter, a.k.a., footcandle or light meter.
[Added 6-17-2002 by Ord. No. 02-04]
FREEBOARD
The distance between the highest desired level of water and the top or flow-line of the structure impounding it.
FULL-CUTOFF
A term used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light output is emitted at an angle 10° below that horizontal plane, at all lateral angles around the fixture.
[Added 6-17-2002 by Ord. No. 02-04]
GRADE, EXISTING
The elevation, relative to a given datum, of the ground surface prior to any excavation or fill.
GRADE, FINISHED
The elevation, relative to a given datum, of the ground surface after completion of any excavation or fill.
GRADE, PROPOSED
The elevation, relative to a given datum, of the ground surface proposed to be achieved by excavation or fill.
GRADING
The changing of the surface of the ground by excavation or filling, or combination of the two; the act of moving earth.
GRADING PLAN
A plan to scale showing existing and proposed buildings and other structures, as well as existing and proposed contours at sufficient intervals to define scale location, depth and gradient, and general slope of the ground.
GUARANTEE, MAINTENANCE
Any approved security which may be required of the applicant by the Township after final acceptance by the Township of installed improvements.
GUARANTEE, PERFORMANCE
Any approved security which may be required of the applicant by the Township as a condition of final plan approval to guarantee public improvements are installed in accordance with the final plan and the applicable provisions of this chapter.
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fencelines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak).
[Added 6-17-2002 by Ord. No. 02-04]
A. 
For purposes of determining compliance with the provisions of this chapter or of Chapter 200, Zoning, as applicable, those soil types identified as hydric soils or soils with hydric inclusions by the U.S.D.A. Natural Resources Conservation Service (formerly known as the Soil Conservation Service), and as mapped for the Soil Survey of Chester and Delaware counties, shall be considered hydric soils in Upper Uwchlan Township, including but not limited to the following:
[Added 6-17-2002 by Ord. No. 02-04]
GnA
Glenville silt loam (0 to 3% slopes)
GnB
Glenville silt loam (3 to 8% slopes)
GnB2
Glenville silt loam (3 to 8% slopes, moderately eroded)
GnC2
Glenville silt loam (8 to 15% slopes, moderately eroded)
WaB2
Watchung silt loam (3 to 8% slopes, moderately eroded)
WoA
Worsham silt loam (0 to 3% slopes)
WoB
Worsham silt loam (3 to 8% slopes)
WoB2
Worsham silt loam (3 to 8% slopes, moderately eroded)
WsB
Worsham very stony silt loam (0 to 8% slopes)
B. 
Where site conditions indicate differing location of hydric soils or hydric inclusions, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Township, otherwise the soil survey information shall be presumed to be accurate. Where tile drainage has been introduced to drain soils defined herein as hydric soils, such areas shall be considered hydric for the purposes of this chapter or Chapter 200, Zoning.
IMPERVIOUS COVER
Land that is occupied by principal and accessory structures, streets, driveways, parking areas and other similar surfaces that prohibit or slow the percolation of water into the soil.
IMPROVEMENTS
Grading, paving, curbing, street lights and signs, fire hydrants, water mains, sanitary sewer mains, including laterals to the street right-of-way line, storm drains, including all necessary structures, sidewalks, crosswalks, street trees and monuments.
IMPROVEMENT SPECIFICATIONS
Minimum standards for the construction of the required improvements such as streets, curbs, sidewalks, water mains, sewer, drainage, public utilities and other items required to render the land suitable for the use proposed.
LAND DEVELOPMENT
According to usage:
A. 
The improvement of one or more contiguous lots, tracts of parcels of land for any purpose permitted in this chapter involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure, or the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, building groups or other features.
B. 
A division of land into lots for the purpose of conveying such lots singularly or in groups to any person, partnership or corporation for the purpose of the erection of buildings by such person, partnership or corporation.
LAND DISTURBANCE
Any activity that exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive alien vegetation. Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of land disturbance.
[Added 6-17-2002 by Ord. No. 02-04]
LANDOWNER
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE PLAN
A plan conforming to the requirements of § 162-57 of this chapter, required to accompany subdivision and/or land development plans, or as otherwise required pursuant to the provisions of Chapter 200, Zoning.
[Added 6-17-2002 by Ord. No. 02-04]
LICENSE
According to usage:
A. 
When applied to mobile home parks, shall mean written approval by the Township of Upper Uwchlan, a prerequisite of which shall be approved by the Department of Health, and compliance with all applicable regulations of this or other applicable ordinances.
B. 
When applied to erection of signs, shall mean written approval by the Township of Upper Uwchlan, a prerequisite of which shall be in compliance with all applicable regulations of this and other applicable ordinances.
[Amended 12-15-2003 by Ord. No. 03-06]
LOT
A designated parcel, tract or area of land, established by a plat or otherwise as permitted by law, and to be used to be developed or built upon as a unit. Such parcel shall be separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County.
LOT AREA
The area of land included within the title lines of a lot. The following shall not be included when determining the minimum lot area calculated for development, providing that compliance to the following shall not be required if the proposed lot is two acres or more:
A. 
Any land lying within the Flood Hazard District as defined within Article XIII of Chapter 200, Zoning.
B. 
Area within the title lines set aside as right-of-way for a street, public or private utilities and all areas of easements, including but not limited to, storm drainage easements, sewage easements and easements of access, provided that utility easements serving that particular lot are not excluded.
C. 
Any land containing slopes in excess of 25%.
LOT, CORNER
A lot at the junction of, and abutting on, two or more intersecting streets, or at the point of abrupt change in direction of a single street, the interior of which is not greater than 135°.
LOT DEPTH
The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, DOUBLE FRONTAGE
A lot extending between and having frontage on two generally parallel streets.
LOT, INTERIOR
A lot which is surrounded on all sides by one or more lots, is generally the shape of a flag on a flag pole and has an access right-of-way to one or more streets.
LOT LINE
A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street or any other line within the street lines even though such may be the property boundary line in a deed.
LOT, REVERSE FRONTAGE
Lots which are situated between two public streets, but provide vehicular access solely from the street with the lesser highway functional classification.
LOT WIDTH
The distance, in feet, between two opposite side lot lines, measured at the building setback line.
LUMEN
The luminous flux emitted by a lamp or lighting fixture.
[Added 6-17-2002 by Ord. No. 02-04]
MAP, OFFICIAL STREET
A plan, legally adopted by the Supervisors, of officially dedicated, ordained, opened, or planned streets, existing parks and other properties, or those proposed for acquisition by the Township by condemnation, purchase, dedication or otherwise.
MINIMIZE
To reduce to the smallest amount or extent 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(s) of the action required to be minimized. "Minimize" shall include but not be limited to the requirement that the placement of dwellings and other structures and the locations of roads, stormwater management facilities, and other land disturbance shall be planned and designed to reduce the adverse effect(s) of the activity in question to the smallest amount possible under the circumstances consistent with otherwise permitted development.
[Added 6-17-2002 by Ord. No. 02-04]
A. 
An action undertaken to accomplish one or more of the following:
(1) 
Avoid and minimize impacts by limiting the degree or magnitude of the action and its implementation.
(2) 
Rectify the impact by repairing, rehabilitating or restoring the impacted environment.
(3) 
Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.
B. 
If the impact cannot be mitigated in accordance with Subsection A(1) through (3) above, compensation for the impact shall be provided by replacing the environment impacted by the project or by providing substitute resources or environments.
[Added 6-17-2002 by Ord. No. 02-04]
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 capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
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.
MONUMENT
A stone or concrete monument with a flat top at least four inches in diameter or square, and at least 24 inches in length. The monument shall be tapered so that the dimensions at the bottom be at least two inches greater than the top, to minimize movement caused by frost.
OLDFIELD
A former agricultural field, pasture, orchard or nursery, where agricultural use has been abandoned and natural succession has been allowed to occur, but where most naturally occurring trees are not larger than six inches dbh.
[Added 6-17-2002 by Ord. No. 02-04]
OPEN SPACE MANAGEMENT PLAN
A plan which provides for the long-term management over time of private, public, or common open space, in accordance with Article XIV of Chapter 200, Zoning.
[Added 6-17-2002 by Ord. No. 02-04]
PERSON
Any individual, partnership, firm, association, corporation or organization.
PLAN, AS-BUILT
A finally revised working drawing corrected to show all changes in design, sizes or location which may have been made during actual construction and represents the actual location of improvements.
PLAN, CONSTRUCTION IMPROVEMENT
A plan prepared by a registered engineer or surveyor showing the construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this chapter.
PLAN, FINAL
A compete and exact subdivision or development plan or plat, prepared for official recording as required by ordinance or statute, and which includes all information required under § 162-9C of this chapter.
PLAN, LAND DEVELOPMENT
A plan depicting all aspects of a particular land development as required herein, including all exhibits, drawings, cross-sections, profiles and descriptive text to the degree of detail specified herein and sufficient to portray the full intent of a developer.
PLANNING COMMISSION
The Upper Uwchlan Township Planning Commission, Chester County, Pennsylvania.
PLAN, PRELIMINARY
A tentative subdivision or development plan, in less detail than a final plan, which includes all information required under § 162-9B of this chapter.
PLAN, PROFILE
A plan prepared by an engineer or surveyor registered in the Commonwealth of Pennsylvania showing the vertical section of the existing and proposed grade along the center line and right-of-way lines of any proposed street and public improvement.
PLAN, RECORD
The copy of the final plan which contains the original endorsements of the County Planning Commission and the Township and which is intended to be recorded with the County Recorder of Deeds.
PLAN, SITE ANALYSIS
A plan depicting natural features of a site intended to promote design sensitive to the unique natural features of the landscape. The plan shall accompany sketch, preliminary and/or final plan submission, and shall include all information required under § 162-9D of this chapter.
PLAN, SKETCH
A sketch an prepared at any practical scale, but in no case smaller than one inch equals 200 feet, showing existing topography (USGS acceptable) at contour intervals of not more than 10 feet, showing scaled locations of streets and lots, with sufficient information for the Planning Commission to orient and locate the tract, to serve as a basis for preliminary discussion with the subdivider and to show his intent.
PLANTING, STREET TREE
A plantation of deciduous hardwood trees within a street right-of-way, such trees approved as to type by the Supervisors, and having a caliper of not less than two inches measured one foot above the ground.
PLAN, UTILITIES
A plan prepared by a registered engineer or surveyor, showing location, sizes and types of all water, gas and electric lines, all sanitary sewer mains, profiles and laterals, all storm sewers and gradients, all street lights, fire hydrants, all service connections, and all data pertaining to existing or proposed utilities.
[Amended 12-15-2003 by Ord. No. 03-06]
PLAT, RECORD
The final plat, or engineering layout of streets and lot easements, common open spaces and public grounds, which has been duly approved by all necessary officials and recorded in the office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.
PUBLIC IMPROVEMENT
Those facilities which are designed for and available to the public, which may be offered for dedication, including but not limited to streets, storm drainage facilities, sidewalks and utilities, including private stormwater management facilities and other common amenities, even though not offered for dedication.
PUBLIC NOTICE
Notice published in any newspaper of general circulation in Upper Uwchlan Township, once each week for two successive weeks, the first not more than 30 days and the second not less than seven days, prior to any public hearing required by this chapter; such notice shall give time and place, and the nature of the matter to be considered.
RESERVE STRIP
A parcel of ground in separate (sometimes public) ownership separating a street from other adjacent properties, or from another street.
RESUBDIVISION
Any replatting or resubdivision of land, limited to changes in lot lines on approved final plan or recorded plan as specified in § 162-8E of these regulations. Other replattings shall be considered as constituting a new subdivision of land. See also "subdivision."
RETENTION BASIN
A reservoir, formed from soil or other material, designed to permanently retain stormwater runoff from a specified amount of stormwater runoff as defined by this chapter. Retention basins always contain water and may include man-made ponds and lakes.
REVIEW
An examination of the sketch plan, preliminary plan, and/or final plan by the Planning Commission and/or the Upper Uwchlan Township Board of Supervisors to determine compliance with this chapter and the administrative regulations, design standards and improvement specifications enacted pursuant thereto.
RIGHT-OF-WAY
Land reserved for an easement, street, crosswalk or other public purpose.
RIPARIAN BUFFER AREA
Any area comprised of one or more of the following:
[Added 6-17-2002 by Ord. No. 02-04]
A. 
Any area within 75 feet of the bank of any stream;
B. 
Any wetlands and any area within 25 feet of any wetland; and
C. 
Any area of hydric soil.
SCREENING
The use of plant materials, fencing and/or earthen berms to aid in the concealment of such features as parking areas and vehicles with them, and to provide privacy between two or more different land uses which abut one another.
SEDIMENT
The silt or small soil particles held or carried in suspension by water, including that which is thus deposited at a lower level.
SEPTIC TANK
A covered watertight settling tank in which raw sewage is changed into solid, liquid, and gaseous states to facilitate further treatment and final disposal.
A. 
The disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Chester County Health Department. Such system shall be totally within the confines of the lot on which the use is located, or shall be located within an easement designated for such purpose on another lot.
B. 
A sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.
C. 
An off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to the treatment facility operated by the Downingtown Regional Municipal Authority, and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
SEWER CONNECTION
The sewer connection consists of all pipes, fittings and appurtenances from the drain outlet of a building to the inlet of the corresponding sewer riser pipe.
SEWER RISER PIPE
The sewer riser pipe is that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each building.
SHADE TREES
A tree in a public place or within a street right-of-way as provided by this chapter.
SIGHT DISTANCE
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is obstructed.
[Amended 4-19-2010 by Ord. No. 10-04]
A. 
Shall be measured from a point 3.5 feet above the center line of the road surface to a point 0.5 feet above the center line of the road surface.
B. 
Shall be measured from one point 3.5 feet above the center line of a road surface to another point 3.5 feet above the center line of the road surface.
SIGN
Any structure or part thereof or any device attached to a building wall or other outdoor surface which has painted or otherwise represented thereupon the display or inclusion of any letter, word, model, banner, pennant, insignia, device, trade flag, symbol, or representation which is in the nature of, or which is used as, an announcement, direction, or advertisement for commercial purposes or otherwise to bring the subject thereof to the attention of the public, or to display, identify and publicize the name and product or service of any person. A sign includes a billboard, neon tube, string of lights or similar device outlining or placed upon any part of a building or lot. For the purpose of ascertaining whether any sign is no more than the dimensions permitted by this article, the gross sign area shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between adjacent elements of the same. For measurement of gross sign area, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In the case of an open sign, made up of individual letters, figures or designs, the space between such letters, figures, or designs shall be included. The total area of both sides of a double-sided sign, including V-type signs, shall be included in the computation of gross sign area. Signs which are composed of letters, words, or representations only and which do not form a square or rectangular pattern shall be considered to include in gross sign area a square or rectangle as drawn at the outer limits of the letters, words, or representations. The following sign types and parameters may also be recognized and regulated by this chapter:
[Added 12-15-2003 by Ord. No. 03-06]
A. 
Signs that identify or advertise home occupations.
B. 
A sign that announces or directs attention to a business, produce, activity, commodity, or service conducted, sold or offered upon the same premises as those upon which the sign is maintained.
C. 
A sign conveying instructions with respect to the premises near or on which it is maintained, such as the entrance and exit of a parking area, a warning sign, a danger sign, and similar information signs.
D. 
A sign with two faces which displays the same message on each face, with each of the sign faces being parallel to one another or separated by an interior angle of no greater than 45°.
E. 
A detached sign which shall include any sign, uprights or braces placed upon or in the ground and not attached to any building (e.g., monument signs, pole signs).
F. 
A sign that identifies only the occupant of the premises, the profession or occupation of the occupancy, and/or the name of the building upon which the sign is placed.
G. 
A nonflashing or nontwinkling sign which has characters, letters, figures, designs, or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign.
H. 
A low profile freestanding sign. A monument sign shall include a support structure of wood, masonry, or concrete that is incorporated into the overall design of the sign.
I. 
Signs erected by the Commonwealth of Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission, or Upper Uwchlan Township which are designed to regulate traffic, describe road conditions, or supply directions.
J. 
Where permitted, any nonilluminated sign located off the immediate premises of the use or activity which it announces, or to which it is directing attention, limited to civic or service clubs, churches, schools, nonprofit organizations, or other public or quasi-public sites or facilities.
K. 
Where permitted, a sign placed on property other than where the business is located and which indicates the nature of the business for which it is advertising.
L. 
A large pole sign intended to display one or more advertisements, whose area is no smaller than 140 square feet nor exceeds 450 square feet and with a maximum height of 25 feet, and which is limited to advertising a business, commodity, service, or entertainment conducted, sold, or offered upon the premises where such sign is located.
M. 
Signs that can either be attached or mounted on wheels or transported by flatbed trailer.
N. 
A sign, other than a wall sign, that projects from and is supported by a wall of a building or structure.
O. 
A sign so designed that the message may be changed by the removal or addition of specially designed letters that attach to the face of the sign.
P. 
A temporary sign indicating the sale, rental, or lease of the premises on which the sign is located.
Q. 
A sign notifying or advertising a special event, or another effort of short duration, such as festivals, concerts, or exhibits, or work of a temporary contractor.
R. 
Any sign erected against the wall of any building, or displayed on doors, or displayed with the exposed face thereof in a plane parallel to the face of said wall or door and which sign is mounted at a distance measured perpendicular to said wall not greater than 12 inches.
SINGLE ACCESS STREET
An interior residential street, including, but not limited to, cul-de-sac and loop designs, which is designed to provide only one point of intersection with an existing road.
SITE
A lot, tract or parcel of land on which grading, construction or land development is taking place, or is proposed to take place; the location of the work.
SLOPE, PRECAUTIONARY
Those land areas with slopes between 15% and 25%, and as further defined and delineated by Chapter 200, Zoning.
[Added 12-15-2003 by Ord. No. 03-06]
SLOPE, PROHIBITIVE
Those land areas with slopes of 25% or greater, and as further defined and delineated by Chapter 200, Zoning.
[Added 12-15-2003 by Ord. No. 03-06]
SLOPE STABILIZATION
Any means of establishing permanent vegetation on a slope, including but not limited to sodding, anchored mulching (wood-fiber blanket or plastic and jute mesh, straw tack-coated with emulsified asphalt, etc.), hydroseeding with wood fiber mulch in the slurry, including application of temporary vegetation.
SOIL PERCOLATION TEST
A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
SPECIMEN TREE
Any tree equal to or exceeding 24 inches dbh or any other unique or otherwise specifically selected plant or tree which most typically represents a class or group in terms of shape, form, historical importance or other characteristics and which may be designated as such by the Township.
[Amended 6-17-2002 by Ord. No. 02-04]
STATUTORY REVIEW PERIOD
The length of time designated by the Pennsylvania Municipalities Planning Code[2] in which the municipal review of the preliminary and final plans for subdivision and land development must occur.[3]
STORAGE CAPACITY
The volume of silt or water capable of being impounded in a sediment basin after deducting the required freeboard.
STORMWATER
Any precipitation, but usually rainfall, which is sufficient to flow on any natural or impervious surface; frequently termed "runoff."
STREET
Includes street, avenue, boulevard, road, highway, freeway, lane, alley, viaduct, and any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET, COLLECTOR
A street used primarily as the means of access for through traffic between residential neighborhoods, major streets, districts within the Township, and areas immediately adjacent thereto.
STREET, COMMERCIAL
A street used primarily as the means of access to abutting commercial lots.
STREET, IMPROVED
A street wherein paving and other required improvements exist and are in accordance with Township standards.
STREET LINE
The right-of-way, or the dividing line between a lot and the outside boundary of a public street, road, or highway, legally open or officially plotted, or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STREET, MAJOR
A state or federal highway or thoroughfare for through traffic between collector streets, neighborhoods and districts within the Township and other towns, villages and centers of population.
STREET, RESIDENTIAL
A street used primarily for local traffic as the means of access to abutting residential lots.
STREET, UNIMPROVED
A street wherein paving or other required improvements do not exist in accordance with Township standards.
STRUCTURE
Any form or arrangement of building materials erected on or attached to the ground or in water or land, involving the necessity of providing proper support, bracing, typing, anchoring or other protection against the forces of the elements including, but not limited to, buildings, sheds, mobile homes, and other similar items, but excluding fences.
SUBDIVIDER
A person who is the registered owner, or authorized agent of the registered owner, of the land to be subdivided.
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 or ownership of building or lot development. The subdivisions by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, or any residential dwelling, shall be exempted.
SUBDIVISION, MAJOR
A subdivision wherein lots abut existing streets of insufficient width, unimproved streets, or proposed streets.
SUBDIVISION, MINOR
A subdivision wherein lots abut existing improved streets of sufficient width and not involving the layout or improvement of any new street.
SUBGRADE
Any finished surface or elevation of compacted fill or natural earth upon which materials of construction are placed.
SUBSOIL
Clay, sand, gravel, or other natural earth material below the surface soil and low in organic matter.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair 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.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
THEME LIGHTING
Exterior fixtures and posts which are manufactured to a high level of design and craftsmanship from material such as (but not limited to) wrought iron, cast aluminum, brass or copper, and installed to be consistently used throughout designated areas of Upper Uwchlan Township including, for example, locations where promotion of a particular village character or historical theme is desired.
[Added 6-17-2002 by Ord. No. 02-04]
TOPSOIL
Natural and friable loam containing sufficient nitrogen, phosphorus and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
TOWNSHIP
The Township of Upper Uwchlan, Chester County, Pennsylvania.
TRACT
One or more lots assembled for the purpose of unified development, including a planned residential development, shopping center, office or industrial park.
TURNAROUND
A paved circle or square, terminating a cul-de-sac, with a minimum one-hundred-foot diameter or side of the square.
USE
Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity or occupation carried on, or intended to be carried on, in a building or other structure or a tract of land.
UTILITIES
Sanitary sewer lines, water lines, fire hydrants, street lights, storm sewer lines, manholes, inlets, catch basins, gas lines, electric lines/conduits, telephone lines/conduits, cable lines/conduits and other facilities of the same general character.
[Amended 12-15-2003 by Ord. No. 03-06]
VEGETATION, PERMANENT
Perennial grasses, legumes or other long-lived plant materials, such as Crown Vetch, Fescues, etc., and Bluegrasses, depending upon the degree of refinement desired.
VEGETATION, TEMPORARY
Fast-growing grasses, usually annuals, such as rye, oats, sudan, or other appropriate cover to prevent erosion until permanent vegetation can be installed.
WATERCOURSE
That channel on the land surface, or other plainly observable evidence on the ground, where water flow is visibly definable, but not necessarily present, as a result of seasonal or ongoing hydrologic events such as, but not including, runoff, melting, springs, or ponding.
[Amended 12-15-2003 by Ord. No. 03-06]
WATER HAZARD AREA
Any area of land which is or may be hazardous to the public health, safety or welfare as result of any of the following conditions:
A. 
Soil in which the groundwater exists at, or periodically rises to, a level too near the surface of the ground to permit a particular type of construction or installation.
B. 
Areas of land which have been disturbed or changed by grading or filling to such extent that the natural soil conditions no longer prevail.
A. 
A safe and healthful supply of water, to a single user from a private well located on the lot in which the use is located.
B. 
A system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on site and/or off site and may be publicly or privately owned.
C. 
A system for supplying water in sufficient quantities to all dwellings and other buildings within a development, which is administered by a municipality, municipal authority or public utility as defined and regulated by the Pennsylvania Public Utility Commission.
WETLANDS
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
[Added 12-15-2003 by Ord. No. 03-06]
WOODLAND
A tree mass or plant community in which tree species are dominant or codominant. Any area, grove, or stand of mature or largely mature trees covering an area of 1/4 of an acre or more, or consisting of more than 10 individual trees larger than 12 inches dbh, shall be considered a woodland. For the purposes of this chapter, the extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in the 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 nursery stock, orchards, or oldfields, except where natural succession has been allowed to occur and where most naturally occurring trees are larger than six inches dbh.
[Added 6-17-2002 by Ord. No. 02-04]
WOODLAND DISTURBANCE
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. Also includes any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow. "Woodland disturbance" does not include the selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species, including but not limited to: Rosa multiflora (Multiflora Rose), Eleagnus umbellata (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), and Polygonum perfoliatum (Mile-a-Minute Weed).
[Added 6-17-2002 by Ord. No. 02-04]
WORKING DRAWING
A working layout and construction plan for all improvements, at scale not smaller than one inch equals 100 feet, prepared by a registered engineer or surveyor, including complete information sufficient in detail to obtain bona fide bids and for construction, including such "as built" corrections after construction as may be applicable.
YARD
An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky, except for permitted signs and fences.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: The former definition of "steep slope," which immediately followed this definition, was repealed 12-15-2003 by Ord. No. 03-06. See now the definitions of "slope, precautionary" and "slope, prohibitive."