As used in this chapter, the following terms shall
have the meanings indicated:
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
[Added 9-18-2006 by Ord. No. 06-07]
ACCESSORY BUILDING
A building (such as a private garage, private swimming pool
and appurtenant bathhouse, private toolhouse or children's playhouse
or a noncommercial greenhouse) which is subordinate and accessory
to a principal building on the same lot and which is used for purposes
customarily incidental to those of the principal building.
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
[Amended 9-18-2006 by Ord. No. 06-07]
ACT 247
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq., (Act) No. 247, as amended.
ADULT-ORIENTED USE
Any adult bookstore, adult cabaret, adult theater, adult
mini motion-picture theater, or massage establishment, as defined
herein and which, under the Pennsylvania Obscenity Code, must exclude minors or may not knowingly distribute to
minors. An adult-oriented use shall be considered a distinct use and
shall not otherwise be construed as a retail sales, theater, entertainment,
personal service or any other use. An adult-oriented use shall only
be permitted where specifically provided in this chapter.
[Added 5-17-2004 by Ord. No. 04-02A]
(1)
ADULT BOOKSTOREAn establishment, having as a substantial or significant portion of its stock-in-trade, whether for sale or rental, books, magazines, videos, novelties, or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual conduct or activities.
(2)
ADULT CABARETA cabaret, tavern, theater, or club which features strippers, male or female impersonators or similar entertainers who exhibit, display, or engage nudity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.
(3)
ADULT MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguishing or characterized by an emphasis on matters depicting, describing or relating to sexual conduct or activities for observation by patrons within private viewing booths and/or by use of token or coin operated projectors or other video machines.
(4)
ADULT THEATERAny business, indoor or outdoor, which exhibits a motion-picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code.
(5)
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of a massage or body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
AGRICULTURE
The cultivating 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,
horticulture, and forestry, but excluding commercial piggery.
ALTERATION
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, joists or rafters,
or enclosure walls which change the use of a building or structure
or otherwise alters the area and bulk requirements of this chapter.
AMATEUR RADIO ANTENNA
An arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves and as authorized by the issuance
of an amateur radio license by the Federal Communications Commission
(FCC), provided that the transmission and reception of such electromagnetic
waves is compliant with all FCC regulations.
[Added 8-6-2001 by Ord. No. 01-06]
AMATEUR RADIO STATION
A radio station operated in accordance with the terms of
an amateur radio license issued by the FCC.
[Added 8-6-2001 by Ord. No. 01-06]
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 defined herein.
[Added 6-16-2014 by Ord. No. 2014-03]
ANTENNA SUPPORT STRUCTURE
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an amateur radio antenna or antenna array.
[Added 8-6-2001 by Ord. No. 01-06]
APPLICANT
A landowner or developer, as herein defined, who has filed
an application for development, including his heirs, successors and
assigns.
BAKERY
An establishment engaged in the preparation, including baking,
and sale of baked goods on premises, primarily intended for consumption
off-premises and not including outdoor drive-through or walk-up service.
[Added 5-17-2004 by Ord. No. 04-02A]
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for the purposes of this chapter, the 100-year flood.
BASE FLOOD ELEVATION
The 100-year flood elevation. Within the approximated floodplain,
the base flood elevation shall be established as a point on the boundary
of the approximated floodplain which is nearest to the construction
site in question.
BASEMENT
Any area of the building having its floor below ground level
on all sides.
[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No.
06-07]
BED-AND-BREAKFAST
An accessory use to a single-family detached dwelling, permitted
as such only when carried on in conformity with applicable regulations,
in which the occupants of the residence provide overnight accommodations
for short-term, transient guests, including the service of breakfast,
but no other meals.
BED-AND-BREAKFAST INN
A bed-and-breakfast facility operated as a principal use with a maximum of 12 guest rooms providing overnight accommodations for short-term, transient guests, including the service of breakfast, but no other meals. Unlike a bed-and-breakfast facility operated as an accessory use to a principal residential use, the operators of a bed-and-breakfast inn are not required to reside on the premises. Applicable standards set forth in §
200-62B(5) shall nevertheless apply, including §
200-62B(5)(d),
(e),
(f),
(g),
(h),
(j) and
(l).
[Added 5-17-2004 by Ord. No. 04-02A]
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.
BOARDINGHOUSE
A building or portion of a building arranged or used for
sheltering or feeding, or both, for compensation for two or more individuals
who are not otherwise part of a family as defined herein.
BUFFER AREA
A strip of land adjacent to the lot line to establish a visual
separation between incompatible uses.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
[Amended 9-18-2006 by Ord. No. 06-07]
BUILDING COVERAGE
The ratio obtained by dividing the ground floor area of all
principal and accessory buildings on a lot (including covered porches,
carports and breezeways, but excluding open patios) by the total area
of the lot upon which the buildings are located.
BUILDING HEIGHT
A building's vertical measurement from the mean level of
the ground abutting the building to a point midway between the highest
and lowest points of the roof.
BUILDING LINE
A line, parallel to the lot line, passing through the part
of the building nearest to the particular lot line; may be farther
from the lot line than the building setback line.
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.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
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 or alley available for vehicular
traffic.
CERTIFICATE OF OCCUPANCY
A permit issued upon completion of the construction of a
structure, or change in use of structure or parcel of land indicating
that the premises complies with the provisions of this chapter and
may be used for the purposes set forth in the certificate.
CHURCH
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word church shall include chapels, cathedrals,
synagogues, temples and similar designations as well as parish houses,
convents and such accessory uses.
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.
CO-LOCATION
The placement or installation of a new wireless communications
facility on previously approved and constructed wireless support structures,
including self-supporting or guyed monopoles and towers, electrical
transmission towers, water towers or any other structure not classified
as a wireless support structure that can support the placement or
installation of a wireless communications facility if approved by
the Township. The term includes the placement, replacement or modification
of accessory equipment within a previously approved equipment compound.
[Added 6-16-2014 by Ord. No. 2014-03]
COMMON AREA
That portion of the development tract owned in undivided
fee interests by the unit owners in such condominium and set aside
for their exclusive use and enjoyment.
COMMON OPEN SPACE
Restricted open space within a development site, conforming to the criteria of §
200-69 of this chapter and designed and intended for the use or enjoyment of the residents of the 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). The common open space may include recreational uses such as tennis courts, squash courts, playgrounds, golf courses, swimming pools or other like uses.
[Amended 10-6-1997 by Ord. No. 97-07; 12-17-2001 by Ord. No.
01-14]
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
[Added 9-18-2006 by Ord. No. 06-07]
COMPREHENSIVE PLAN
The document adopted as the Comprehensive Plan for the Township
of Upper Uwchlan by the Board of Supervisors.
CONDITIONAL USE
A use which may not be generally appropriate to a particular
zoning district, but which may be suitable in certain locations within
the district only when specific conditions prescribed for such use
within this chapter are present. Conditional uses are granted or denied
by the Board of Supervisors after a hearing to determine whether or
not such conditions are present.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act of 1980.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
CONTIGUOUS
For purposes of a real measurement or to define restricted
open space requirements, tracts or areas of land shall be considered
contiguous wherever immediately abutting. Adjacent tracts may be considered
contiguous where separated only by a public or private road, easement,
or right-of-way, except where separated by an arterial highway (i.e.,
Pennsylvania Turnpike, Pa. Route 100).
[Added 10-6-1997 by Ord. No. 97-07;
amended 12-17-2001 by Ord. No. 01-14]
CONVERSION
An alteration of a building, structure or land by change
of use, theretofore existing, to a new use which imposes other special
provisions of a law governing building construction, equipment, exits,
or zoning regulations.
CULTURAL FACILITY
A building which has as its primary purpose the advancement
and preservation of art, music, theater, dance or any other arts or
cultural discipline.
[Added 6-15-2020 by Ord.
No. 2020-01]
CULTURAL STUDIO
A facility used for providing to the public instruction in
the performing arts, limited to dance, music, and theater, and the
fine arts, including drawing, painting, photography and sculpture.
[Added 5-17-2004 by Ord. No. 04-02A]
DAY-CARE CENTER
Facility licensed by the Commonwealth of Pennsylvania, which
provides food service, shelter, supervision, educational and recreational
needs of children whether or not for remuneration.
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]
DENSITY, GROSS
The total land ownership divided by the total number of families
housed or to be housed thereon, expressed in families or dwelling
units per acre, such ownership including interior streets having rights-of-way
not over 50 feet in width, common open spaces, permitted commercial
uses, sites for schools and places of worship, and all land devoted
to residential use, but excluding interior streets having rights-of-way
greater than 50 feet in width.
DENSITY, NET
The number of families or dwelling units per acre, within
only that portion of the lot devoted to any one particular housing
type, including the yards, off-street parking and driveway facilities
directly serving those particular dwelling types, but excluding common
open spaces, places of worship, permitted commercial uses, school
sites, public streets, areas devoted to sanitary sewer facilities,
spray fields and other public grounds.
DEPARTMENT OF HEALTH
The Department of Health of the Commonwealth of Pennsylvania
or of Chester County, or their representative having jurisdiction
in the Township.
DETACHED
Used to describe a structure which has yards on all sides.
DEVELOPER
Any landowner, agent of such landowner, tenant with the permission
of such landowner, or equitable owner, who makes or causes to be made
a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities,
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No.
06-07]
DEVELOPMENT PLAN
The design or site layout plan for multifamily dwellings,
mobile home parks, shopping centers and industrial parks, covering
the entire property ownership although the actual development may
take place in stages, and including all required provisions applicable
to the type of development, such as all covenants relating to the
use, location and bulk of buildings and other structures, gross and
net densities, streets, ways and parking facilities, common open space
and public facilities, as well as such written and graphic material
as may be necessary for the reviewing officials to evaluate the proposed
development; and, where more than one mortgage is contemplated, the
limits of each shall be shown, and all required elements and provisions
of this chapter shall take place independently within each of the
mortgage areas so that each could function independently, if necessary.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
[Added 6-16-2014 by Ord. No. 2014-03]
DRIPLINE
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]
DWELLING TYPES
(1)
(a)
APARTMENT DWELLINGA building or group of buildings with common ownership on a lot with four or more dwelling units used specifically for residential purposes and originally constructed as such.
(b)
GARDEN APARTMENTA multiple-family dwelling of up to three stories in height designed for rental or condominium ownership of each housekeeping unit.
(c)
QUADRAPLEXA building containing four dwellings, each sharing two common party walls which separate the units vertically.
(d)
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)Three or more single-family attached dwelling units with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction herewith and any portion of one or two unpierced party walls common with an adjoining dwelling, and having yards on at least two sides.
(3)
SINGLE-FAMILY DETACHED DWELLINGA dwelling unit which has yards on all sides. The term "single-family detached dwelling" shall be deemed to include a modular home which is designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and be connected to utilities.
DWELLING UNIT
A room or rooms within a building connected together, constituting
a separate independent housekeeping establishment for one family only,
for owner occupancy or for rental, lease or other occupancy on a weekly
or longer basis, physically separated from any other rooms or dwelling
units, and containing independent lavatory, cooking and sleeping facilities.
EASEMENT
A right-of-way granted, but not necessarily dedicated, for
a private, public or quasi-public purpose.
EDUCATIONAL USE
A use requiring certification, licensing, or review by the
Pennsylvania Department of Education.
EFFECTIVE DATE OF THIS CHAPTER
The effective date of this chapter is five days after its
adoption, except that, with respect to the subject matter of any amendment,
the effective date of this chapter shall mean five days after the
date upon which the particular amendment was adopted.
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.
ELECTRIC SUBSTATION
Buildings or structures and equipment erected and used for
the purpose of transmission, switching or transforming of electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities or housing
of repair crews, such buildings or structures being appropriately
planted or screened to blend the installation with the surrounding
landscape.
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.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
[Added 9-18-2006 by Ord. No. 06-07]
ESSENTIAL UTILITIES
Includes sewerage, water, gas and electric lines and related
appurtenances used to serve development within the Township, but not
including cross country transmission lines or other utilities not
required to serve the Township.
FAMILY
One person or two or more persons related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FCC
Federal Communications Commission.
[Added 6-16-2014 by Ord. No. 2014-03]
FENCE
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh, masonry, or vegetation
(i.e., a hedge of shrubs, trees, or other plant material), singly,
or in combination with other materials, 2 1/2 feet or higher,
erected to secure or divide one property from another or part of a
property from a remaining part, to ensure privacy, to protect the
property so defined, or to enclose all or part of the property.
[Amended 12-15-2003 by Ord. No. 03-05]
FLOOD
A temporary inundation of normally dry land areas.
[Amended 9-18-2006 by Ord. No. 06-07]
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOOD, 100-YEAR
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
[Amended 9-18-2006 by Ord. No. 06-07]
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Amended 9-18-2006 by Ord. No. 06-07]
FLOODWAY
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the 100-year magnitude.
[Amended 9-18-2006 by Ord. No. 06-07]
FLOOR AREA or GROSS FLOOR AREA
The total area of all floors as measured to the outside surfaces
of exterior walls, or from the center line of party walls separating
two buildings, but excluding crawl spaces, garages, carports, attics
without floors, open porches, terraces, and cellars.
FOOTCANDLE
A unit of incident light stated in lumens per square foot
and measurable with an illuminance meter, AKA, footcandle or light
meter.
[Added 6-17-2002 by Ord. No. 02-04]
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]
GARAGE, PARKING
An accessory to a principal building, either attached to
it or separate, and used only for storage purposes.
GARAGE, PRIVATE
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
GARAGE, STORAGE
A building, not a private or public garage, one story in
height, used solely for the storage of motor vehicles (other than
trucks) but not for the service or repair thereof nor for the sale
of fuel, accessories, or supplies.
GASOLINE SERVICE STATION
An area of land, together with any structure thereon, used
for the retail sale of motor fuel and lubricants and incidental services,
such as lubrication and handwashing of motor vehicles, and the sale,
installation or minor repair of tires, batteries, or other automobile
accessories.
GOLF COURSE
Either a publicly or privately owned and operated course
which shall have a minimum of nine holes of golf. Neither a commercial
driving range nor a commercial miniature golf area shall be considered
a golf course for the purposes of this chapter.
GOVERNMENTAL USES
Municipal, county, state or federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments.
GRADE
The elevation of finished ground or paving which adjoins
a building.
GROUP HOME
The use of any lawful dwelling unit which meets the criteria in §
200-65 of this chapter.
[Amended 3-19-2018 by Ord. No. 2018-05]
HEDGEROW
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).
[Added 6-17-2002 by Ord. No. 02-04]
HEIGHT OF BUILDING
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses, tanks, and similar projections shall
not be included in calculating the height.
HELICOPTER
An aircraft whose support in the air is derived chiefly from
the aerodynamic forces acting on one or more rotors turning about
substantially vertical axes, excluding fixed-wing aircraft.
[Added 8-6-1990 by Ord. No. 90-02]
HISTORIC STRUCTURE
Any structure that is:
[Added 11-18-1996 by Ord. No. 96-06;
amended 5-17-2004 by Ord. No. 04-02A; 9-18-2006 by Ord. No. 06-07]
(1)
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
(2)
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(a)
By an approved state program as determined by
the Secretary of the Interior; or
(b)
Directly by the Secretary of the Interior in
states without approved programs.
HOME OCCUPATION
An accessory use which is clearly incidental and subordinate
to the residential use of a dwelling unit and is customarily performed
within a dwelling unit or accessory buildings by one or more occupants
of such dwelling unit.
HOMEOWNERS' ASSOCIATION
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community-owned property.
HOME, ROOMING
A dwelling in which weekly or monthly sleeping accommodations
are provided for rent to less than 10 persons, whether or not the
serving of meals is included.
HOME, TOURIST
A dwelling in which overnight sleeping accommodations are
provided for rent to less than 10 motor vehicle travelers, whether
or not the serving of meals is included.
HORSE BARN
A building or portion of building used for the shelter of
horses belonging to the landowner or tenant residing on the property.
HOTEL, MOTEL or MOTOR INN
A building or group of buildings containing guest rooms especially
designed for the temporary lodging of transient guests, provided that
no room shall have cooking facilities of any kind.
HOUSEHOLD PETS
Domesticated animals normally considered to be kept in or
in conjunction with a dwelling unit for the pleasures of the resident
family, such as dogs, cats, small birds, gerbils and other similar
pets normally sold by retail pet stores.
HYDRIC SOILS [Added 6-17-2002 by Ord. No.
02-04]
(1)
For purposes of determining compliance with the provisions of Chapter
162, Subdivision and Land Development, or of this chapter, as applicable, those soil types identified as hydric soils or soils with hydric inclusions by the USDA 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:
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)
|
(2)
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 Chapter
162, Subdivision and Land Development, or this chapter.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter
as being inundated by the 100-year flood.
[Added 9-18-2006 by Ord. No. 06-07]
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.
INDUSTRIAL PARK
A grouping of two or more industrial establishments on a
lot held in single and separate ownership.
INERT
A nonreactive, nonflammable, noncorrosive material (whether
gas, liquid or solid), such as but not limited to argon, helium, krypton,
neon, nitrogen and xenon.
[Added 10-18-2021 by Ord.
No. 2021-04]
INSTITUTION
A building or grounds, a portion of which is used for the
residence of more than four unrelated persons who occupy the buildings
for a common purpose to include hospitals, convents, school dormitories,
college campuses, nursing homes, the educational, administrative and
recreational facilities of such organizations as the YMCA, YWCA, and
the like.
JUNKYARD
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and/or discarded
materials, including, but not limited to, waste paper, vehicles or
parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
on a lot of two or more unlicensed, wrecked, or disabled vehicles,
or the major part thereof, shall be deemed to constitute a junkyard.
KENNEL
An operation involving the boarding, sale, breeding, show
purposes, or grooming of adult dogs, cats or other domestic animals.
Kennels shall be enclosed, including soundproof runs.
LABORATORY
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
LAND DEVELOPMENT
Any of the following activities:
[Amended 9-18-2006 by Ord. No. 06-07]
(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.
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]
LANDSCAPE PLAN
A plan conforming to the requirements of §
162-57 of Chapter
162, Subdivision and Land Development, required to accompany subdivision and/or land development plans, or as otherwise required pursuant to the provisions of this chapter.
[Added 6-17-2002 by Ord. No. 02-04]
LANDSCAPING
The planting of turf or other appropriate ground cover or
the planting of deciduous and evergreen trees and shrubbery, including
the maintenance thereof, for control of erosion, retention of precipitation,
protection against the elements, and promotion of human comfort and
welfare.
LICENSE
According to usage:
(1)
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.
(2)
When applied to erection of signs, shall mean
written approval by the Township of Upper Uwchlan, a prerequisite
of which shall be compliance with all applicable regulations of this
and other applicable ordinances.
[Amended 12-15-2003 by Ord. No. 03-05]
LIVESTOCK
Animals of any kind kept or raised for use or pleasure, especially
meat and dairy cattle and draft animals, opposed to dead stock.
LOADING SPACE
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
LOT
A parcel of land which is occupied or is to be occupied by
one principal building and other permitted uses, or in the case of
multifamily dwellings or multiuse commercial and industrial developments
to be occupied by two or more principal buildings, and such open spaces
as are arranged or designed to be used in connection with such principal
buildings or other structures or uses, such open spaces and the area
and dimensions of such lot being not less than the minimum required
by this chapter.
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:
(1)
Any land lying within the Flood Hazard District as defined within Chapter
82, Floodplain Management, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Area within the title line set aside as a right-of-way
for a street, public or private utilities and all areas of easements
and rights-of-way including easements of access, provided that utility
easements servicing only that particular lot are not excluded and
further providing that sanitary sewer and water line easements and
rights-of-way shall not be excluded.
[Amended 7-4-1991 by Ord. No. 91-03]
(3)
Any land containing slopes in excess of 25%.
LOT COVERAGE
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces which do not normally absorb rainfall.
LOT DEPTH
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
LOT LINE
A property boundary line 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 LINE, FRONT
The lot line abutting a street and coinciding with the street
line, and in the case of a corner lot, both street-abutting lot lines.
In the case of an interior lot, the front lot line shall be that property
line generally parallel to the street line providing access to the
lot.
LOT LINE, REAR
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
LOT WIDTH
The distance, in feet, between two opposite side lot lines,
measured at the building setback line.
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, INTERIOR
Any lot which only has access to a street by either an easement
or right-of-way; or any lot which has limited frontage to a street
by virtue of being flag-shaped.
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.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
[Added 11-18-1996 by Ord. No. 96-06;
amended 9-18-2006 by Ord. No. 06-07]
LUMEN
The luminous flux emitted by a lamp or lighting fixture.
[Added 6-17-2002 by Ord. No. 02-04]
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Amended 9-18-2006 by Ord. No. 06-07]
MANUFACTURED HOME PARK
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
[Amended 9-18-2006 by Ord. No. 06-07]
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to the Pennsylvania Medical
Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added 6-19-2017 by Ord.
No. 2017-02]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
[Added 6-19-2017 by Ord.
No. 2017-02]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health (DOH) of the commonwealth
to grow and process medical marijuana.
[Added 6-19-2017 by Ord.
No. 2017-02]
MINI-MARKET
A retail store selling a variety of food, beverages, drugs,
reading material, or household supplies and having a floor area not
exceeding 2,500 square feet.
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]
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
[Amended 9-18-2006 by Ord. No. 06-07]
MITIGATE
[Added 6-17-2002 by Ord. No. 02-04]
(1)
An action undertaken to accomplish one or more
of the following:
(a)
Avoid and minimize impacts by limiting the degree
or magnitude of the action and its implementation.
(b)
Rectify the impact by repairing, rehabilitating
or restoring the impacted environment.
(c)
Reduce or eliminate the impact over time by
preservation and maintenance operations during the life of the action.
(2)
If the impact cannot be mitigated in accordance
with Subsection 1(a) through (c) of this definition above, compensation
for the impact shall be provided by replacing the environment impacted
by the project or by providing substitute resources or environments.
MIXED-USE DWELLING
Dwelling unit(s) above or behind a nonresidential use within
the same building, physically separated from any other dwelling unit.
Each unit has independent access to the outside; however, in some
cases access may be accomplished by a common hallway in accordance
with building codes and fire regulations. The outside access shall
be separate from the access for the associated nonresidential use.
[Added 6-15-2020 by Ord.
No. 2020-01]
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, which said lot is leased
by the park owner to the occupants of the mobile home erected on the
lot.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 6-16-2014 by Ord. No. 2014-03]
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 6-16-2014 by Ord. No. 2014-03]
MOTEL
A building or a group of two or more detached or semidetached
buildings contained on a lot held in single and separate ownership,
containing rental units having separate entrances provided directly,
or closely in connection with automobile parking or storage space
serving such units, which rental units are designed, intended or used
principally for the providing of sleeping accommodations for automobile
travelers, and which are suitable for occupancy throughout the year.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after March 10, 1976, and includes any subsequent improvements
thereto.
[Added 11-18-1996 by Ord. No. 96-06;
amended 9-18-2006 by Ord. No. 06-07]
NEW STRUCTURE
Structure for which the start of construction commenced on
or after April 21, 1975, and includes any subsequent improvements
to such structures.
[Added 11-18-1996 by Ord. No. 96-06]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 1-17-2006 by Ord. No. 06-01]
(1)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other
than family members residing in the dwelling.
(3)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(6)
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.
(7)
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(8)
The business may not involve any illegal activity.
NONCONFORMITY
A building or other structure, use or lot by which reason
of design, size or use, does not comply with the applicable use or
area and bulk requirements of this chapter or amendment thereto, heretofore
or hereafter enacted where such nonconformity was lawfully in existence
prior to the application of such ordinance or amendment to its location
by reason of annexation.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
All nontower wireless communications facilities, including,
but not limited to, antennas and related equipment. Nontower WCF shall
not include support structures for antennas and related equipment.
[Added 6-16-2014 by Ord. No. 2014-03]
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 PIT MINING
All activity which removes from the surface or beneath the
surface of the land some material, mineral, resource, natural resource,
or other element of economic value, by means of mechanical excavation
necessary to separate the desired material or an undesirable one,
or to remove the strata or material which overlays or is above the
desired material in its natural condition and position. Open pit mining
includes, but is not limited to, the excavation necessary for the
extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay,
shale, and iron ore.
OPEN SPACE
The unoccupied area of a lot. Open space does not include
the areas of principal and accessory structures, streets, driveways,
or parking areas; but may include areas occupied by walkways, patios
and porches without roofs, playgrounds and other areas occupied by
outdoor recreation or play apparatus, gardens and trees.
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 this chapter.
[Added 6-17-2002 by Ord. No. 02-04]
PARKING SPACE
A reasonably level space, having a surface slope not exceeding
5%, available for the parking of one motor vehicle, not less than
10 feet wide and having an area of not less than 200 square feet exclusive
of passageways, driveways, or other means of circulation or access.
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
[Added 9-18-2006 by Ord. No. 06-07]
PLANNED RESIDENTIAL DEVELOPMENT or PRD
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or a combination
of residential and nonresidential uses, the development plan for which
may not correspond in lot size, bulk, type of dwelling, use, density,
intensity, lot coverage and required common open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
[Added 10-6-1997 by Ord. No. 97-07;
amended 12-17-2001 by Ord. No. 01-14]
PLAT
The map or plan of a subdivision of land, whether preliminary
or final.
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.
POULTRY
Domesticated birds that serve as a source of eggs or meat
and that include among commercially important kinds, chickens, turkeys,
ducks and geese, and among kinds chiefly of local interest, guinea
fowl, pea fowl, pigeons, pheasants and others.
PRACTICABLE
Reasonably feasible to perform, technically, physically and/or
economically, as applicable.
[Added 5-17-2004 by Ord. No. 04-02A]
PRINCIPAL USE
The single dominant use or single main use on a lot.
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.
PUBLIC EMERGENCY SERVICES TELECOMMUNICATIONS ANTENNA SUPPORT
STRUCTURE
A telecommunications antenna support structure (tower) to
be used principally to elevate antennas and other telecommunications
hardware to heights necessary for use as part of a public countywide
emergency services communications network providing communications
services to the emergency responders that serve Upper Uwchlan Township,
Chester County, Pennsylvania, and other Chester County municipalities.
[Added 6-16-2014 by Ord. No. 2014-03]
PUBLIC EMERGENCY SERVICES TELECOMMUNICATIONS FACILITY
A telecommunications facility to be used principally as part
of a public countywide emergency services communications network providing
communications services to the emergency responders that serve Upper
Uwchlan Township, Chester County, Pennsylvania, and other Chester
County municipalities. The public emergency services telecommunications
facility includes a public emergency services telecommunications antenna
support structure as well as supporting structures, buildings, accessories
and features that operate in conjunction with the public emergency
services telecommunications antenna support structure. For the purpose
of this chapter, a public emergency services telecommunications facility
is considered a separate use from a tower-based wireless communications
facility (tower-based WCF) and/or a wireless communications facility
(WCF).
[Added 6-16-2014 by Ord. No. 2014-03]
PUBLIC WATER
Water which is distributed by a municipality or a private
company which is subject to control of the Pennsylvania Department
of Environmental Protection and the Public Utility Commission, through
a network of pipes and for which a fee is charged.
RADIO TOWER
A structure erected for the sole purpose of holding antennas
to be used as an accessory use specifically for communications via
radio by an individual or company holding a valid active radio license
issued by the Federal Communications Commission.
RECREATION, ACTIVE
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts,
and swimming pools.
RECREATION, PASSIVE
Recreational pursuits which can be carried out with little
alteration or disruption to the area in which they are performed.
Such uses include, but are not limited to, hiking, biking and picnicking.
RECREATIONAL VEHICLE
A vehicle which is:
[Added 11-18-1996 by Ord. No. 96-06;
amended 9-18-2006 by Ord. No. 06-07]
(1)
Built on a single chassis;
(2)
Not more than 400 square feet, measured at the
largest horizontal projections;
(3)
Designed to be self-propelled or permanently
towable by a light-duty truck;
(4)
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor
of 1 1/2 feet.
[Added 9-18-2006 by Ord. No. 06-07]
RENTAL UNIT
An individual space offered for rent or lease within a motel,
hotel, rooming house, tourist home, institutional home, dormitory,
or in a professional or commercial office building.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value.
[Added 9-18-2006 by Ord. No. 06-07]
RESTAURANT
A retail establishment furnishing food and beverages to the
public for consumption on the premises or for consumption off the
premises, or both. Restaurants may be further classified as a "drive-through
restaurant."
[Amended 10-17-2022 by Ord. No. 2022-06]
RESTAURANT, DRIVE-THROUGH
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designed to take place
outside the confines of the building, where service to customers is
either through an exterior window in the establishment or directly
to parked vehicles on the premises.
[Amended 10-17-2022 by Ord. No. 2022-06]
RESTRICTED OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water conforming to the criteria of §
200-69 of this chapter and which, regardless of ownership, is permanently restricted from further subdivision or development for other than open space purposes permitted in accordance with §
200-69.
[Added 10-6-1997 by Ord. No. 97-07;
amended 12-17-2001 by Ord. No. 01-14]
RETAIL TRADE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and vending
services incidental to the sale of such goods, such as, but not limited
to, hardware store, pharmacy, magazine/book store, florist or clothing
store.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township 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 Township or commonwealth.
[Amended 6-16-2014 by Ord. No. 2014-03]
RIPARIAN BUFFER AREA
Any area comprised of one or more of the following:
[Added 6-17-2002 by Ord. No. 02-04]
(1)
Any area within 75 feet of the bank of any stream;
(2)
Any wetlands and any area within 25 feet of
any wetland; and
SANITARY LANDFILL
A lot or land or part thereof municipally operated and used
primarily for the disposal of garbage, refuse and other discarded
materials, including, but not limited to, solid and liquid waste materials
resulting from industrial, commercial, agricultural, and residential
activities. The operation of a sanitary landfill normally consists
of:
(1)
Depositing the discarded material in a planned
controlled manner;
(2)
Compacting the discarded material in thin layers
to reduce its volume;
(3)
Covering the discarded material with a layer
of earth; and
(4)
Compacting the earth cover.
SENIOR LIVING FACILITY
A planned use designed to provide a range of senior housing
options, specialized services, support and security, and any combination
of levels of health care, including independent living, assisted living,
memory care, and long-term and short-term skilled nursing care, together
with an array of ancillary facilities intended to meet the social,
recreational, cultural and religious needs of the residents.
[Added 1-16-2018 by Ord.
No. 2018-01]
SEWAGE DISPOSAL
(1)
INDIVIDUALThe 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.
(2)
CENTRAL/COMMUNITY COLLECTION AND TREATMENT (COLDS)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.
(3)
PUBLIC SEWAGE SYSTEMAn 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.
SHOPPING CENTER
The multiple use of a single property for a group of stores
planned and designed as an integrated unit with controlled ingress
and egress and off-street parking provided on the property as an integral
part of the unit.
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:
[Amended 12-15-2003 by Ord. No. 03-05]
(2)
SIGN, BUSINESSA 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.
(3)
SIGN, DIRECTIONALA 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.
(4)
SIGN, DOUBLE FACEDA 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°.
(5)
SIGN, FREESTANDINGA 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).
(6)
SIGN, IDENTIFICATIONA 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.
(7)
SIGN, ILLUMINATEDA 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.
(8)
SIGN, MONUMENTA 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.
(9)
SIGN, OFFICIAL TRAFFICSigns 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.
(10)
SIGN, OFF-PREMISES DIRECTIONALWhere 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.
(12)
SIGN, OUTDOOR ADVERTISING BILLBOARDA large sign intended to display one or more advertisements, whose area shall not exceed 700 square feet and whose height from grade to top of sign face is no greater than 30 feet. Such signs shall meet all provisions in §
200-98I.
[Amended 11-5-2007 by Ord. No. 07-11; 6-15-2020 by Ord. No. 2020-01]
(13)
SIGN, PORTABLESigns that can either be attached or mounted on wheels or transported by flatbed trailer.
(14)
SIGN, PROJECTINGA sign, other than a wall sign, that projects from and is supported by a wall of a building or structure.
(15)
SIGN, READERBOARDA 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.
(16)
SIGN, REAL ESTATEA temporary sign indicating the sale, rental, or lease of the premises on which the sign is located.
(17)
SIGN, TEMPORARYA 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.
(18)
SIGN, WALLAny 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 AND SEPARATE OWNERSHIP
The ownership of property by any person, partnership, or
corporation, which ownership is separate and distinct from that of
any adjoining property.
SOLID WASTES
All refuse including garbage and trash, and all material
which is putrescible and originating from the preparation, cooking
and consumption of food and market produce.
SPECIAL EXCEPTION
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article
XX, §
200-126, herein, only in situations where provisions therefor are specifically made by the terms of this chapter.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion, of a floodplain.
[Amended 9-18-2006 by Ord. No. 06-07]
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.
[Added 6-17-2002 by Ord. No. 02-04]
STEALTH TECHNOLOGY
Camouflaging methods that are used in the installation of
wireless communications towers, antennas and other facilities which
render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles
and light poles.
[Added 6-16-2014 by Ord. No. 2014-03]
STEEP SLOPE
The Steep Slope Conservation District consists of two areas
(i.e., prohibitive and precautionary slopes) which are defined as
follows:
[Added 12-15-2003 by Ord. No. 03-05]
(1)
SLOPE, PRECAUTIONARYPrecautionary slopes are those land areas with slopes between 15% and 25%; the methodology for delineation of precautionary slopes is established in this chapter.
(2)
SLOPE, PROHIBITIVEProhibitive slopes are those land areas with slopes of 25% or greater; the methodology for delineation of prohibitive slopes is established in this chapter.
STORY
That portion of a building comprised between the surface
of any floor and the surface of any floor or roof next above.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
land, alley, viaduct, and any other way used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
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.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural
members of a building, or other structure, such as the bearing wall,
partitions, columns, beams or girders, or any change which could convert
an existing building or other structure into a different structure;
or adapt it to a different use, or which, in the case of a nonconforming
building or other structure, would prolong the life of such building
or other structure.
STRUCTURAL UNIT
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
[Amended 9-18-2006 by Ord. No. 06-07]
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 or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
[Amended 9-18-2006 by Ord. No. 06-07]
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No.
06-07]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include either:
[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No.
06-07]
(1)
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
(2)
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
SUBSTANTIALLY CHANGE
[Added 6-16-2014 by Ord. No. 2014-03]
(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.
SWIMMING POOL
A structure, above or below ground level, for the purpose
of containing water to a depth, at any point, in the excess of two
feet and intended primarily for recreation, without regard to material
of its construction.
TENTATIVE PLAN
A plan submitted as part of application for approval of a planned residential development (PRD) in accordance with §
200-71 of this chapter and the Municipalities Planning Code. The tentative plan shall depict the location of proposed
land uses, common open space, collector and arterial roads, stormwater
management system, density and intensity of development.
[Added 10-6-1997 by Ord. No. 97-07;
amended 12-17-2001 by Ord. No. 01-14]
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]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs. For
the purpose of this chapter, a public emergency services telecommunications
facility is considered a separate use from a tower-based wireless
communications facility (tower-based WCF).
[Added 6-16-2014 by Ord. No. 2014-03]
TRAILER CAMP
Any land used or designated to be used as a temporary parking
space for more than one house trailer, or dependent mobile home; not
a permitted use.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 9-18-2006 by Ord. No. 06-07]
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.
USE, ACCESSORY
A use subordinate to the principal use of land or of a building
or other structure on a lot and customarily incidental thereto.
USED CAR LOT
Any land used or occupied for the purpose of buying and selling
secondhand motor vehicles and storing said motor vehicles prior to
sale, but excluding body and fender repair, painting, and the sale
of fuel or lubricants for motor vehicles.
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.
[Added 12-15-2003 by Ord. No. 03-05]
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article
XX, §
200-126, herein, constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific piece of property.
VEHICULAR SALES ESTABLISHMENT
A building or lot or part thereof used for the sale of, hire
of, or remuneration from automotive equipment, including vehicular
accessory sales, but not the sale of "junked" vehicular equipment.
VEHICULAR SERVICE ESTABLISHMENT
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing, and minor repairs.
WALKWAY, PUBLIC
Any space designed or maintained solely for public pedestrian
use, without regard to ownership.
WALL
See "fence."
[Added 12-15-2003 by Ord. No. 03-05]
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.
[Added 12-15-2003 by Ord. No. 03-05]
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, lakes, rivulets, dammed
water, ponds, springs, and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
in the boundaries of the Commonwealth of Pennsylvania.
WATER SUPPLY
(1)
INDIVIDUALA safe and healthful supply of water, to a single user from a private well located on the lot in which the use is located.
(2)
COMMUNITYA 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.
(3)
PUBLICA 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. 03-05]
WHOLESALING
A commercial activity comprising the sale of commodities
in large quantities or in bulk, as to retailers or jobbers, rather
than to consumers directly, including the warehousing, loading and
unloading, and shipping of such commodities.
WINDMILL
A structure for the purpose of generating energy by utilizing
wind driven blades.
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 6-16-2014 by Ord. No. 2014-03]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure. For the purpose
of this chapter, a public emergency services telecommunications facility
is considered a separate use from a wireless communications facility
(WCF).
[Added 6-16-2014 by Ord. No. 2014-03]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility, electrical transmission tower, water tower
or any other support structure that could support the placement or
installation of a wireless communications facility if approved by
the Township.
[Added 6-16-2014 by Ord. No. 2014-03]
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 dripline 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]
YARD (SETBACK)
A prescribed open area around the inner periphery of a lot,
in which no building or structure shall be created, except for permitted
signs and fences; a yard extends parallel to lot lines and street
lines, and is measured as a distance perpendicular to lot and street
lines.
YARD, FRONT
A yard parallel to a street line for a street from which
the lot has access or which abuts the lot, and extending the entire
width of the lot. In the case of a corner lot, the yard extending
along all streets are front yards and the remaining yards shall include
a rear yard, opposite the street to which the principal building is
generally faced, and a side yard opposite the other street. In the
case of an interior lot, the front yard shall extend along the front
lot line the entire width of the lot and shall not include any portion
of the right-of-way or accessway connecting the lot with the street.
YARD, REAR
A yard extending the full width of the lot along the rear
lot line.
YARD, SIDE
A yard extending the full depth of the lot from the front
yard to rear yard along a side lot line.
ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
ZONING PERMIT
A permit issued indicating that a proposed use, building
or structure is in accordance with the provisions of this chapter,
which authorizes an applicant to proceed with said use, building or
structure.