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 the singular, except where the quantity stated is a part of the regulation; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed, arranged, or intended to be used" the word "person" includes any individual, partnership, firm association, corporation, or organization; and 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 "Board of Supervisors" means the Board of Supervisors of said Township; the term "Zoning Hearing Board" shall mean the Zoning Hearing Board of said Township.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A building (such as a private garage, private swimming pool and appurtenant bathhouse, private tool house 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]
- 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.
- 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]
- 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]
- A landowner or developer, as herein defined, who has filed an application for development including his heirs, successors and assigns.
- 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 one-hundred-year flood.
- BASE FLOOD ELEVATION
- The one-hundred-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.
- 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]
- 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]
- 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.
- 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.
- BOARD OF SUPERVISORS
- The Board of Supervisors of Upper Uwchlan Township.
- BUFFER AREA
- A strip of land adjacent to the lot line to establish a visual separation between incompatible uses.
- 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, PRINCIPAL
- A building in which is conducted the principal use of the lot on which it is situated.
- 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.
- 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]
- 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.
- 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.
- The placement or installation of a new wireless communication
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 communication 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.
- 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.
- The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.
- 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]
- 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 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.
- Used to describe a structure which has yards on all sides.
- 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.
- 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]
- 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]
- 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.
- 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.
- Federal Communications Commission.[Added 6-16-2014 by Ord. No. 2014-03]
- 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]
- A temporary inundation of normally dry land areas.[Amended 9-18-2006 by Ord. No. 06-07]
- FLOOD ELEVATION, REGULATORY
- The one-hundred-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.
- That portion of the floodplain outside the floodway.
- FLOOD, ONE-HUNDRED-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]
- 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]
- The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.[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.
- 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]
- 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.
- 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]
- 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]
- 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.
- 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 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 Interior; or
- (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- 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.
- HOSPITAL OR MEDICAL CENTER
- A building used for the medical diagnosis, treatment or other care of human ailments.
- 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.
- (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 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:
- (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 one-hundred-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.
- 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.
- 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.
- 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.
- 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.
- (2) A subdivision of land.
- 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]
- 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.
- 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]
- 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.
- 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 Article XIII of this chapter.
- (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, 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 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, 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 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 LINE, SIDE
- Any lot line connecting a front or rear lot line.
- 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.
- 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]
- 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]
- 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.
- 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]
- (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 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 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]
- 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 antennae and connecting appurtenances.[Added 6-16-2014 by Ord. No. 2014-03]
- 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.
- 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, antennae and related equipment. Nontower WCF shall
not include support structures for antennae and related equipment.[Added 6-16-2014 by Ord. No. 2014-03]
- 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]
- ONE-HUNDRED-YEAR FLOOD
- A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).[Added 9-18-2006 by Ord. No. 06-07]
- 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.
- 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]
- 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.
- 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.
- 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 telecommunication antenna support structure (tower) to
be used principally to elevate antennas and other telecommunication
hardware to heights necessary for use as part of a public county-wide
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 county-wide 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 telecommunication antenna
support structure as well as supporting structures, buildings, accessories
and features that operate in conjunction with the public emergency
services telecommunication antenna support structure. For the purpose
of this chapter, a public emergency services telecommunication 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.
- 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.
- 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.
- REGULATORY FLOOD ELEVATION
- The one-hundred-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]
- A place of business serving food and beverage prepared for consumption within a building, and providing table or sit-down service only, but not including outdoor counter service or curb service. The inside tables must seat comfortably a total of not less than 25 people.
- RESTAURANT, DRIVE-THROUGH
- A restaurant, or section thereof, which is designed to allow for the serving and pick-up of food, without leaving the vehicle, for off-premises consumption.
- 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]
- 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:
- 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]
- 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.
- 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]
- 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, antennae 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
antennae, building-mounted antennae 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]
- That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.
- 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.
- 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]
- 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.
- (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.
[Added 6-16-2014 by Ord. No. 2014-03]
- 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 antennae, 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]
- 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.
- 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]
- 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.
- See "fence."[Added 12-15-2003 by Ord. No. 03-05]
- 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.
- 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]
- 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.
- A structure for the purpose of generating energy by utilizing wind driven blades.
- 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]
- 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]
- 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 (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, SIDE
- A yard extending the full depth of the lot from the front yard to rear yard along a side lot line.
- ZONING HEARING BOARD
- The Zoning Hearing Board of Upper Uwchlan Township.
- 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.
Editor's Note: The former definition of "communication tower (tower)," added 7-7-1997 by Ord. No. 97-05, which immediately followed this definition, was repealed 6-16-2014 by Ord. No. 2014-03.
Editor's Note: The former definition of "microwave antenna," which immediately followed this definition, was repealed 6-16-2014 by Ord. No. 2014-03.
Editor's Note: The former definition of "sign, off-premises advertising" was repealed 11-5-2007 by Ord. No. 07-11.
Editor's Note: The former definitions of "slope, precautionary" and "slope, prohibitive," which immediately followed this definition, were replaced 12-15-2003 by Ord. No. 03-05. See now the definition of "steep slope."