Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents

§ 455-132 Definitions; word usage.

Unless otherwise expressly stated, the following terms, words and phrases shall be construed throughout this chapter to have the meanings herein stated. Applicable regulations, stated in conjunction with these definitions, shall be complied with. The singular shall include the plural, and the plural shall include the singular. The present tense shall include the future tense. The word "shall" is always mandatory. The words "used for" shall include "designed for."
ACCESSORY BUILDING
See "building, accessory."
ACCESSORY DWELLING UNIT
A self-contained dwelling unit which is accessory and subordinate to the principal dwelling on a lot and which meets all criteria in § 455-72 of this chapter.
[Added 9-21-2009 by Ord. No. 391-09]
ACCESSORY STRUCTURE
See "structure, accessory."
ACCESSORY USE
See "use, accessory."
ACCESSORY USE SIGN
Signs that designate major home occupations as permitted by § 455-61D(8).
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or specific purpose.
[Amended 8-19-2013 by Ord. No. 417-13]
ALTERATION
Any change to any portion of a building or structure for the same or a different use
ANIMATED SIGN
A sign with action or motion, flashing, color changes requiring electrical energy, light-emitting diodes (LED) or other light sources as part of the sign or sign face, electronic or digital sign face, electronic manufactured sources of supply, but not including static LED fuel price signs or wind-actuated elements such as flags, banners, or specialty items.
[Amended 6-4-2012 by Ord. No. 408-12; 6-3-2013 by Ord. No. 414-13]
A. 
A dwelling unit constituting a separate living area containing independent cooking and sleeping facilities for one family, physically separated from any other dwelling unit, typically in a multifamily building consisting of three or more apartment units (apartment house or apartment development).
B. 
An upper-floor dwelling unit within a nonresidential building connected together, constituting a separate living area containing independent cooking and sleeping facilities for one family, physically separated from any other dwelling unit, and located on the second floor or higher above a separate nonresidential use located in the same structure.
C. 
One or more two- or three-story, multifamily structures containing separate apartments with individual access typically from a common hall, although individual entrances can be provided. Dwelling units can be located back-to-back, adjacent, or on top of one another.
D. 
Four attached apartment units in one building in which each unit has two open space exposures and shares one or two walls with adjoining units.
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his, her or its heirs, personal representatives, successors and assigns.
[Added 9-21-2009 by Ord. No. 391-09]
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to, an application for a building permit or for the approval of a subdivision plan or plot.
[Added 9-21-2009 by Ord. No. 391-09]
ARTISAN SIGN
Temporary signs of workmen performing services at or alterations to a building.
AUTOMOBILE GASOLINE SERVICE STATION
A use where the principal and accessory buildings used for sale of gasoline, oil and motor vehicle accessories and/or the servicing of motor vehicles, including washing of cars and minor repairs, but not for body and fender work or painting.
AUTOMOBILE REPAIR
The use of any building or structure where the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
AUTOMOBILE SALES
The use of any building, structure, or lot for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
AWNING SIGN
Any sign painted on or applied to a structure made of cloth, canvas, metal or similar material which is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building.
[Amended 6-3-2013 by Ord. No. 414-13]
BANK or FINANCIAL INSTITUTION
Any building wherein the primary occupation or use is concerned with such businesses as banking, savings-and-loan associations, credit unions, loan companies, mortgage companies, or investment companies.
BANNER
A sign consisting of lightweight, flexible material that is supported by frame, rope, wires or other anchoring devices, which may or may not include copy, logo or graphic symbols.
BASEMENT
Any enclosed space having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground.
BEACON LIGHT
Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.
BED-AND-BREAKFAST INN
An owner-occupied building designed, used and occupied as a single-family residence, having, as an accessory use therein, public lodging rooms and facilities for and serving breakfast and afternoon tea prepared within the building to preregistered transient guests, which meets the minimum requirements of this chapter.
BEST MANAGEMENT PRACTICES (BMPs)
Measures employed to control stormwater runoff BMPs include structural and nonstructural practices that prevent adverse impacts to streams and other watercourses and protect watersheds from the damaging affects of uncontrolled stormwater runoff. The primary reference for implementation of BMPs in the Township shall be the Pennsylvania Handbook of Best Management Practices for Developing Areas, published by the Pennsylvania Department of Environmental Protection, Pennsylvania Association of Conservation Districts, Inc., Natural Resources Conservation Service, and Keystone Chapter, Soil and Water Conservation Society, Spring 1998, or as amended.
BILLBOARD
A freestanding off-premises sign.
BLOCK
An area bounded by streets.
[Added 9-21-2009 by Ord. No. 391-09]
BUFFER, PERIMETER
Plantings placed along the boundary of a lot and around stormwater management basins, to diminish and mitigate views of a development from off site.
[Amended 12-15-2014 by Ord. No. 424-14]
BUFFER, SCREEN
Plantings placed between incompatible land uses or zoning districts to obscure views of the adjacent property or use.
BUILDING
Any structure having a roof supported by enclosing walls or columns and intended for the shelter, housing, or enclosure of any use or occupancy, permanently located on the land.
A. 
A building which has no party wall.
B. 
A building having one shared or party wall in common with an adjoining building.
C. 
A building in a group of more than two buildings wherein there are two or more party walls in common with the adjoining buildings, provided that there are no more than eight such buildings in a group.
BUILDING, ACCESSORY
A building that is not a principal building or structure and which is used for purposes that are entirely incidental and subordinate to those of the principal building or structure and located on the same lot. For purposes of this chapter, structures such as but not limited to tennis courts, swimming pools, bathhouses, carports and garages shall be considered accessory structures. Except in the case of nonenclosed tennis courts and nonenclosed swimming pools, no single accessory structure shall exceed 40% of the ground area occupied by the principal structure on the lot.
BUILDING HEIGHT
The vertical distance from the average grade (the average of the grades taken at ten-foot intervals around the building perimeter) to the top of the highest roof beams of a flat roof, or to the mean level of a sloped roof, provided that chimneys and spires shall not be included in measuring the height. Elevator, stair and equipment penthouses, tanks and air-conditioning towers shall not be included. The height shall be measured from finished grade, but such measurement shall not be made from a point higher than eight feet above original grade.
BUILDING MATERIALS, STORAGE AND SALES
A commercial use involving the storage of and/or sales and display of building materials, such as lumber, masonry, plumbing and electric supplies and HVAC equipment.
BUILDING, PRINCIPAL
The main building on a lot or any building that is not an accessory building. Each single-family dwelling or apartment building and each commercial, industrial or institutional building which houses a separate commercial, industrial or other enterprise, or a group of permitted commercial or industrial uses, shall be construed to be a principal building for the purposes of this chapter.
BUILDING SETBACK LINE
The line, uniformly equidistant from an adjacent street line, established by the required front yard, within a property that defines the minimum required distance between any building to be erected and an adjacent street right-of-way. In the case of an existing interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way measured from the property interior line nearest the street, defining the minimum distance in which no building may be constructed.
BUILD-TO LINE
A line which dictates the placement of a building or structure from the street right-of-way on which the building or structure fronts. On a corner lot, there shall be a build-to line on each side of a lot abutting a street. In the case of an interior lot, the build-to line shall be measured as defined for the interior of lots under "building setback line."
BULLETIN BOARD
A sign of permanent character, including a freestanding sign, but with movable letters, words, logo or numerals indicating the names of persons associated with or events, products or services offered upon the same premises on which the sign is located.
BUSINESS OFFICE
An office for the management, consulting, recordkeeping, and clerical work of a commercial, industrial, mercantile, or service enterprise and not for the sale of goods located on the property or for personal services rendered such as in the definition of "personal service, commercial" below.
BUSINESS SIGN
A sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained.
CALIPER
The diameter of a tree trunk measured at a point six inches above the ground for trees up to and including four inches in caliper size. For trees of larger-size caliper, the measurement is taken 12 inches above the ground level.
CARTWAY (ROADWAY)
The portion of a street right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
[Added 9-21-2009 by Ord. No. 391-09]
CERTIFICATE OF OCCUPANCY
A statement signed by a duly authorized official (such as the Building Code Officer) setting forth that a building, structure, or use legally complies with the Building Code and this chapter and that the same may be used for the purpose stated therein.
CHANGEABLE COPY
Copy containing or displaying letters, numbers or graphics that is designed to be readily changed, as for a theater marquee, gas station or similar use.
CIVIC EVENT SIGN
A sign, other than a commercial sign, posted to promote and advertise an activity sponsored by the Township, school district, church, public agency, civic or charitable association or other similar noncommercial organization.
CLEAR-CUTTING/CLEAR-CUT OPENING
The complete removal of all trees on a site, or any portion thereof, greater than 1/2 acre in contiguous area, during a single timber harvesting operation or within a three-year period.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.[1]
[Added 9-21-2009 by Ord. No. 391-09]
A. 
A commercial or nonprofit facility where daytime supervision is provided for adults not related to the caregiver, where tuition, fees, or other forms of compensation may be charged, and where the facility is not being used as a family residence.
B. 
A commercial or nonprofit facility which exclusively provides supplemental parental care and/or instruction to children not related to the caregiver or operator, where tuition, fees, or other forms of compensation may be charged, where the facility is not being used as a family residence, and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
COMMERCIAL RECREATION
A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities, that is operated as a business where the use of such place or facility is available for a fee.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of the development, but not including streets, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the subdivision or development plan as finally approved and as are appropriate for the recreation of residents.
[Added 9-21-2009 by Ord. No. 391-09]
COMMUNITY CENTER
A building used for recreational, social, educational, and cultural activities, usually owned and operated by a public or nonprofit group or agency.
CONDITIONAL USE
See "use, conditional."
CONSERVATION
The planned management of a natural resource to prevent its exploitation, destruction or neglect.
CONSTRUCTION, NEW
Structures for which the start of construction commenced on or after the effective date of this chapter.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A community that offers several levels of assistance, including independent living, assisted living and nursing home care. It is different from other housing and care facilities for seniors because it usually provides a written agreement or long-term contract between the resident (frequently lasting the term of the resident's lifetime) and the community which offers a continuum of housing, services and health care system, commonly all on one campus or site [from Assisted Living Federation of America (ALFA)]. Such facilities shall be operated for mature adults, generally 55 years old or older, that may include one or any combination of an independent living facility, assisted living facility, or nursing home, as follows:
A. 
A residential living setting for elderly or senior adults that may or may not provide hospitality or supportive services. Under this living arrangement, the senior adult leads an independent lifestyle that requires minimal or no extra assistance. Generally referred to as "elderly housing" in the government-subsidized environment, "independent living" also includes rental-assisted or market-rate apartments or cottages where residents usually have complete choice in whether to participate in a facility's services or programs (from ALFA).
B. 
A special combination of housing, personalized supportive services and health care designed to meet the needs, both scheduled and unscheduled, of those who need help with activities of daily living. Services provided in assisted living residences usually include:
(1) 
Three meals a day served in a common dining area.
(2) 
Housekeeping services.
(3) 
Transportation.
(4) 
Assistance with eating, bathing, dressing, toileting and walking.
(5) 
Access to health and medical services.
(6) 
Twenty-four-hour security and staff availability.
(7) 
Emergency call systems for each resident's unit.
(8) 
Health promotion and exercise programs.
(9) 
Medication management.
(10) 
Personal laundry services.
(11) 
Social and recreational activities (from ALFA).
C. 
Provides twenty-four-hour skilled care for the more acute patients. Patients generally rely on assistance for most or all daily living activities (such as bathing, dressing and toileting) (from ALFA). One step below hospital acute care. Regular medical supervision and rehabilitation therapy are mandated to be available, and nursing homes are eligible to participate in the Medicaid program. These facilities are state licensed. Also referred to as "nursing facility" or "convalescent home" (from ALFA).
CONVENIENCE STORE
A retail activity designed to serve a local market, which involves a delicatessen, small food, and sundries market. These uses may also be accompanied by the sale of automotive fuels, subject to the applicable zoning district ordinance provisions.
CROSSWALK (INTERIOR WALK)
A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
[Added 9-21-2009 by Ord. No. 391-09]
DECK
A structure that is an unroofed platform supported by pillars or posts, either freestanding or attached to the principal structure, that shall meet all applicable setbacks for the zoning district in which the structure is located and shall be considered a pervious surface so long as the deck surface is open (allowing for water to pass between gaps in the deck surface) and the ground surface below the deck allows for the infiltration of water.
[Amended 9-21-2009 by Ord. No. 391-09]
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner who files an application for subdivision or land development approval or for zoning approval.
[Added 9-21-2009 by Ord. No. 391-09]
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.
DEVELOPMENT SIGN
A sign indicating that the premises are in the process of subdivision or land development for residential and nonresidential uses.
DIRECTIONAL SIGN
A sign, no larger than two square feet, designating points of ingress and egress to a property, normally located at such points of ingress and egress.
DOUBLE-FACED SIGN
A freestanding sign with two identical faces of equal sign area which are back-to-back and no more than two feet apart.
DRAINAGE
The flow of water or liquid waste and the method of directing flow, whether natural or artificial.
[Amended 9-21-2009 by Ord. No. 391-09]
DRIVE-THROUGH SERVICE
An establishment where, by design, physical facilities, services, or packaging procedures encourage or permit customers to receive services or obtain goods while remaining in their vehicles.
A. 
A building, on a lot, designed and occupied exclusively as a residence for one family.
B. 
A building, on a lot, designed and occupied exclusively as a residence for two families, living independently of one another, in one of the following configurations:
(1) 
A building designed for and occupied exclusively as a residence, containing two dwelling units, in an "over and under" arrangement, separated by a horizontal common or party wall and having yards on all sides.
(2) 
A building designed for and occupied exclusively as a residence, containing two dwelling units separated by a vertical common or party wall and having yards on all but one side.
C. 
A building on a lot designed for and occupied by more than two families.
(1) 
A single-family attached dwelling unit in a row of at least three, but not more than six, such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
[Added 12-15-2014 by Ord. No. 424-14]
DWELLING UNIT
A single residential unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 9-21-2009 by Ord. No. 391-09]
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
EDUCATIONAL USE
Use of land or building(s) for the establishment and maintenance of a public or private college, secondary or elementary school, or other educational institution for the primary purpose of instruction and learning during daytime hours; a use requiring certification, licensing, or review by the Pennsylvania Department of Education.
ELECTRONIC NOTICE
Notice given by the Township through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
[Added 6-2-2014 by Ord. No. 422-14; amended 12-15-2014 by Ord. No. 424-14]
ENGINEER
A licensed professional engineer registered by the Commonwealth of Pennsylvania.
[Added 9-21-2009 by Ord. No. 391-09]
ERECT
To build, construct, attach, hang, place, suspend or affix; shall also include the painting of wall signs or other graphics.
FACADE
The exterior surface of a building up to the roofline.
A. 
A single person; or
B. 
Any number of persons related by blood, marriage or adoption, including foster children and including not more than two other persons, for example, boarders, lodgers or domestic help; or
C. 
Unrelated persons living together as a single cooperative household unit, however, excluding occupants of a rooming/boardinghouse or dormitory; or
D. 
A group of individuals with disabilities living together as the functional equivalent of a family and entitled to a reasonable accommodation to allow them adequate housing choices pursuant to the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601 et seq., as amended) and the Pennsylvania Human Relations Act (43 P.S. §§ 951 through 963, as amended). The Zoning Officer or other official Township representative shall have the authority to determine whether a group of individuals is living together as the functional equivalent of a family for purposes of this definition.
[Amended 6-2-2014 by Ord. No. 422-14]
FARM
A parcel of land used for agricultural purposes such as growing crops, grazing of livestock, growing fruit trees, or similar uses.
FENCE
A structure serving as an enclosure, barrier or boundary made of posts, gates, stakes, boards, wire or rails or similar materials.
[Amended 12-15-2014 by Ord. No. 424-14]
FENCE, OPEN
A fence with the ratio of the open portion to the solid portion of not less than four to one.
FENCE/WALL HEIGHT
The vertical distance of such structure measured from the ground's existing undisturbed contour to the top of the highest component, including ornamental caps and sculptures, of the fence or wall.
[Amended 12-15-2014 by Ord. No. 424-14]
FESTOON SIGN
An electrically lighted sign comprised of either:
A. 
A group of incandescent light bulbs hung or strung overhead or on a building or other structure(s).
B. 
Light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
FLAG
A piece of fabric or other material of distinctive design that is used as a symbol of a nation, state, city, agency or corporation and which is usually displayed hanging free from a staff or halyard.
FLASHING SIGN
A sign whose illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation. Illuminated signs that indicate the date, time, and temperature will not be considered flashing signs.
FLOOD
A general and temporary condition of partial or complete inundation of relatively dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD, BASE
An inundation having a one-percent chance of being equaled or exceeded in any given year. On the average, this flood is likely to occur once every 100 years, and this is also known as a "one-hundred-year flood."
FLOOD HAZARD AREA
The bed or channel of any perennial stream, river, or other watercourse, or any lake, pond, impoundment, or other contained body of water (provided such lake, pond, impoundment or other body of water is in excess of one acre in area); the lands adjacent to the foregoing that must be reserved in order to discharge a flood of a one-hundred-year frequency, and all areas designated as being within the one-hundred-year floodplain in the Flood Insurance Study prepared for Easttown Township, Chester County, Pennsylvania, by the Federal Emergency Management Agency, Federal Insurance Administration, and shown on the accompanying maps. Prior to any change in this floodplain area, the approval of the Federal Insurance Administrator shall be obtained. The flood hazard area consists of all land in the flood area.
FLOOD HAZARD MAP
The flood hazard area shall be shown on the Flood Boundary and Floodway Map and Flood Insurance Rate Maps, which accompany the Flood Insurance Study. These maps are incorporated herein by reference.
[Amended 12-15-2014 by Ord. No. 424-14]
FLOODPLAIN
A relatively flat or low area adjoining a river, stream, or watercourse that is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface areas. For the purpose of this chapter, the floodplain shall be delineated as specified in § 455-31, regarding flood hazard areas, of this chapter.
FLOODWAY
The designated area of a flood hazard area or floodplain area required to carry and discharge floodwaters of a given magnitude. For purposes of this chapter, the floodway shall be capable of accommodating and discharging the base flood of a one-hundred-year-magnitude storm without increasing the water surface elevation more than one foot.
FLOOR AREA, GROSS
The total area of all floors measured to the outside finished surfaces of permanent outer building walls, without any deductions. All enclosed floors of the building, including basements, attic, garages, mechanical equipment floors, penthouses, and the like, shall be calculated as a part of gross floor area.
FLOOR AREA, GROSS USABLE
The total area of all floors within a building which is available and suitable for the business or use conducted within the building, including all lavatory areas, corridors, storage areas and other areas used to keep stock and inventory. This term shall be exclusive of the floor area included in party and outside walls, stairwells, overhangs, loading docks, elevator shafts, common hallways, storage areas in basements, and any room or area dedicated to the heating equipment, air-conditioning equipment, or other utility areas necessary for the operation of the building.
[Added 9-21-2009 by Ord. No. 391-09]
FLOOR AREA, HABITABLE
The total area of the floors of a residential use, measured from the face of the interior walls and excluding the following: unfinished basement space, elevator shafts, stairwells, attic space, roof, terraces, exterior balconies, breezeways or porches, enclosed space devoted to heating, air-conditioning or other mechanical equipment, and any space located in an accessory building or structure.
[Added 9-21-2009 by Ord. No. 391-09]
FLOOR, LOWEST
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
A. 
For the purposes of a bed-and-breakfast facility, the sum of the area of the several floors of the residence measured from the face of the interior walls, excluding basement space, elevator shafts, stairwells, attic space, roof, terraces, exterior balconies, breezeways or porches, space devoted to heating, air conditioning or other mechanical equipment and any space located in an accessory building or structure.
[Added 12-15-2014 by Ord. No. 424-14]
FORESTRY (TIMBER HARVESTING OPERATION)
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling of trees for profit, which does not involve any land development, specifically the uprooting or removal of more than four trees of greater than six inches dbh per acre from any lot which has a gross area prior to any subdivision or land development of more than three acres, and, when required, is undertaken in compliance with an approved timber harvesting plan. Forestry, as defined by the Municipalities Planning Code, shall be considered timber harvesting and shall require the submittal and approval of a timber harvesting plan. Timber harvesting does not include the clearing of land for approved construction or the creation or maintenance of approved roads.
FREESTANDING SIGN
A sign and supporting structure which is secured in the ground and independent of any building, fence or other support. For the purpose of this definition, freestanding signs may consist of the following:
A. 
A sign designed to be viewed at eye level or below within the immediate vicinity and which is intended to be designed and viewed as an architecturally unified and proportional element. Ground signs shall be constructed so that the maximum height from mean grade to the lowest area of the sign face does not exceed four feet.
B. 
A sign which is detached from a building and supported by no more than two poles or other structural supports which are architecturally dissimilar to the design of the sign.
FUNCTIONAL CLASSIFICATION
A classification of roadways based on traffic volumes, access, and other factors as denoted in the Easttown Township Comprehensive Plan, 2001.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GARAGE, RESIDENTIAL
A residential accessory structure designed, built or used by the owner or tenant of the principal structure on a lot in which no business, service, or industry connected directly, or indirectly, with motor vehicles is conducted.
GARAGE, SERVICE
A structure, not a residential garage, used for the repair, servicing, or storage of motor vehicles. See § 455-51, when applicable.
GOLF CLUB
An organized, unlighted playing area containing a minimum of nine holes, constructed according to PGA and USGA standards and excluding miniature golf courses and driving ranges.
A. 
Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof in the discharge of official duties.
B. 
"Governmental sign" shall include signs erected by the United States government, the Commonwealth of Pennsylvania, the County of Chester or the Township of Easttown which are designed to regulate, direct or inform the public.
[Added 7-18-2011 by Ord. No. 403-11]
GREEN AREA
The required open area on a lot consisting of an unpaved natural surface such as a grassed area.
GROCERY STORE
A store at which the primary activity is the selling of perishable goods for profit.
GYMNASIUM or RECREATIONAL FACILITY
A place designed and equipped for the conduct of sports and leisure-time activities such as an enclosed gymnasium for court sports such as basketball or an open field for outdoor field sports such as softball or soccer.[2]
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). For the purposes of this chapter, hedgerows are considered woodlands and regulated as such, regardless of area or tree size.
HISTORIC STRUCTURE
Any structure that is:
A. 
A dwelling that is designated by either the Easttown Township Open Space, Recreation and Environmental Resources Plan (see Map 5) or the Easttown Township Comprehensive Plan (see Map 6) as either a National Register site or national historic landmark or considered a significant historic resource by the Township as listed on Map 6 of the Easttown Township Comprehensive Plan; or
B. 
The applicant can document to the satisfaction of the Zoning Officer that the dwelling is more than 100 years old.
HOME DAY CARE
A major home occupation in which a private residence is used for the care and supervision of between four and six children or adults not related to the caregiver. (Day care provided for more than six children is considered a commercial day-care center for the purposes of this chapter and is not permitted in residential districts. Care provided to three or fewer children is considered baby-sitting and is not formally regulated.)
HOME OCCUPATION, MAJOR
A home occupation that does not meet one or more of the criteria listed under § 455-61 shall be defined as a "major home occupation/major home-based business." Major home occupations shall be permitted only by special exception in those zoning districts where major home occupations are permitted and where applicable criteria of this chapter can be met.
HOME OCCUPATION, MINOR (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 neither customer, client, nor patient traffic, and no pickup, delivery, or removal functions, in excess of those normally associated with residential use. The activity must further satisfy specified requirements under § 455-61.
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, and medical offices.
HOTEL, MOTEL or INN
A building offering short-term accommodations to the general public for compensation and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
IDENTIFICATION SIGN
A wall sign indicating the name or address of a building or the name of the management thereof.
ILLUMINATED SIGN
A nonflashing or nontwinkling sign which has letters, figures, designs or outlines illuminated by a lighting source as a part of the sign.
IMPERVIOUS SURFACE
Land that is occupied by principal and accessory structures, buildings, streets, extended roofs, eves, overhangs, asphalt, concrete, driveways, parking areas, pools (excluding the water surface area), grass pavers, pervious paving, gravel and/or crushed stone, and other man-made cover that prohibits or slows the percolation and infiltration of water into the soils. A generator of 12 square feet or less when proposed on residential property shall not be considered an impervious surface.
[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]
A. 
The percentage of allowable impervious surface calculated by using the lot area exclusive of any street or railroad rights-of-way, utility easements and flag lot access strips, easements for fuel or communications transmissions, whether below- or aboveground, that do not exclusively serve the lot traversed, aboveground stormwater management basins greater than 18 inches in depth that do not exclusively serve the lot, and below-ground stormwater management basins.
IMPROVEMENTS
Grading, paving, curbing, streetlights, fire hydrants, water mains, sanitary sewers, storm sewers, detention basins, retention basins, culverts, streets, sidewalks, monuments, open space improvements, recreation facilities, buffer and screen plantings, street and replacement trees and similar improvements.
[Added 9-21-2009 by Ord. No. 391-09]
INSTRUCTIONAL SIGN
A sign located within the interior of a lot, generally not visible from the street or adjoining properties, which provides information as to the location, interior operation, and/or use of buildings or facilities.
INTERIOR SIGN
Any sign located fully within the interior of any building or stadium, which is intended solely for information relating to the operation of such building or stadium.
LAKES and PONDS
Natural or artificial bodies of water which retain water year-round. Artificial bodies of water may be created by dams or result from excavation. Lakes are bodies of water two or more acres in area. Ponds are bodies of water less than two acres in area.
[Added 9-21-2009 by Ord. No. 391-09]
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
LAND DISTURBANCE
A construction or other human activity which disturbs the surface of land, including, but not limited to, clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, timber harvesting activities, road maintenance activities, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
LANDOWNER
The legal, equitable, or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LANDSCAPE ARCHITECT
A landscape architect registered in the Commonwealth of Pennsylvania or any other state having a reciprocal registration agreement with Pennsylvania.
LAND SITE
A lot or parcel of land that contains a wireless communications facility and associated parking, if any, and may include other uses associated with and ancillary to wireless communication transmission.
[Amended 12-15-2014 by Ord. No. 424-14]
LAUNDROMAT/DRY CLEANER
An establishment providing washing, drying, or dry-cleaning machines on the premises for rental/use to the general public or as a service for sale to the general public.
LED FUEL PRICE SIGN
A static light-emitting diode numeric sign for the purpose of displaying fuel pricing only.
[Added 6-3-2013 by Ord. No. 414-13]
LETTER HEIGHT
The height of a letter from its bottom to its top, including any shadow lines and other forms of outlining.
LIGHT MANUFACTURING/INDUSTRY
The assemblage, production, processing, manufacture, storage and distribution of materials and products not involving a retail activity on the lot and not including a junkyard, the slaughtering of animals or any industry involving the assemblage, production, processing, manufacturing, storage and distribution of heavy metals, plastics and similar materials and chemicals.
LOGO
A graphic mark or emblem commonly used by commercial enterprises, organizations and individuals to aid and promote instant public recognition. Logos are either purely graphic (symbols or icons) or are composed of the name of the organization in the form of a logotype or wordmark.
[Added 6-3-2013 by Ord. No. 414-13]
LOT
A designated parcel, lot or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
[Amended 12-15-2014 by Ord. No. 424-14]
A. 
The area of land contained within the limits of the legally described property lines bounding the lot.
B. 
The area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any street or railroad rights-of-way, utility easements and flag lot access strips, easements for fuel or communications transmission, whether below or above ground, that do not exclusively serve the lot traversed, very steep slopes and 50% of moderately steep slopes, aboveground stormwater management basins greater than 18 inches in depth that do not exclusively serve the lot, below-ground stormwater management basins, and areas within riparian buffer zones, along with the natural resources that they protect, provided that at least 50% of the required minimum lot area be contiguous land lying outside of these exclusions.
C. 
A lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less. See Figure 18-1 below.
D. 
An irregularly shaped lot characterized by an elongated extension ("pole") of required minimum width that provides access to a street to the principal part of the lot that does not adjoin a street. See Figure 18-1 below.
E. 
An interior lot having frontage on two streets, also called a "double-frontage lot." See Figure 18-1 below.
F. 
The lot line separating the lot from the abutting street line.
G. 
The horizontal distance between side lot lines and/or street lines measured at the minimum prescribed building line. See Figure 18-1 below.
H. 
The total area of all impervious surfaces on a lot, including coverage by buildings, structures, and extended roofs, eves, overhangs, asphalt, concrete, grass pavers, pervious paving, or other man-made cover. The Township Engineer shall resolve any dispute as to whether cover is impervious.
Figure 18-1
Lot Diagram
455 Fig 18-1.tif
LOT AVERAGING
A residential development design option that provides flexibility in the layout of individual lots in response to natural features and configuration of a site.
MAILED NOTICE
Notice given by the Township by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
[Added 6-2-2014 by Ord. No. 422-14; amended 12-15-2014 by Ord. No. 424-14]
MANUFACTURED HOME (MOBILE HOME)
A structure intended for permanent occupancy, 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 connected to the required utilities. The term does not include a recreational vehicle as herein defined.
MARQUEE
A permanent, roof-like structure, supported by a wall of a building, but having no relationship to the roof structure, generally designed and constructed for protection against weather.
MARQUEE SIGN
Any sign attached to a marquee for the purpose of identifying a movie theater or similar place of entertainment.
MEMORIAL SIGN
A memorial plaque or tablet, to include grave markers or other remembrances of persons or events, which is not for commercial or advertising purposes.
MITIGATION
Any action taken to lessen the specified undesirable impacts of a proposed land use or land disturbance activity, including those which would adversely affect the health or longevity of a natural feature, pose a visual intrusion or conflict or otherwise be deemed incompatible with surrounding properties.
MOVEABLE SIGN
A sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels or supported by legs.
MULTIFAMILY BUILDING
A building containing two or more single-family dwelling units.
MUNICIPALITIES PLANNING CODE
The "Pennsylvania Municipalities Planning Code," Act 247 of 1968, as amended.[3]
NAMEPLATE SIGN
A wall sign that designates the name and address of an occupant or group of occupants within any one building.
NATURAL RESOURCE PROTECTION ORDINANCE
Chapter 274, Natural Resource Protection, of the Code of Easttown Township, Chester County, as adopted.
NATURAL RESOURCES
A component of a landscape existing or maintained as a part of the natural environment and having ecological value. Such resources include those which, if disturbed, may cause hazards or stress to life, property and the natural environment. For the purposes of this chapter, natural resources shall include but not be limited to wetlands, floodplain, steep slopes, and woodlands.
NO-IMPACT HOME-BASED BUSINESS
See "home occupation."
NONCONFORMING LOT
A lot or site which does not comply with the applicable dimensional regulations, including those related to site area, net lot area, and lot width, in this chapter or amendments hereafter enacted where such lot was lawfully in existence prior to enactment of this chapter or amendments.
[Amended 12-15-2014 by Ord. No. 424-14]
NONCONFORMING SIGN
Any sign which has a valid permit, was erected prior to the effective date of this chapter or any subsequent amendment hereto and which does not otherwise conform to the provisions of this article.
NONCONFORMING STRUCTURE
A structure which does not comply with the applicable dimensional regulations, including those relating to maximum impervious surfaces, building coverage, building height, and setbacks, in this chapter or amendments hereafter enacted where such structure was lawfully in existence prior to enactment of this chapter. Such structures include, but are not limited to, buildings, fences, and swimming pools.
[Amended 12-15-2014 by Ord. No. 424-14]
NONCONFORMING USE
Use of buildings, structures, premises, land or parts thereof which does not comply with the applicable use provisions in this chapter or amendments hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendments.
NURSERY/LANDSCAPING SALES/SERVICE
An area of land and associated structures for retailing and servicing plants, shrubbery, and trees with intent to sell, either retail or wholesale, along with other associated retail items such as pavers, timbers, fertilizers, and other landscaping products; may or may not be associated with landscape services offered as part of the establishment.
OFF-PREMISES SIGN
A commercial sign, to include billboards, which is not located on the premises or entity indicated or advertised by said sign, or a commercial sign advertising a commodity, service, or entertainment offered at a location other than the location of the sign.
OPEN FENCE
A fence with the ratio of the open portion to the solid portion of not less than 4:1.
[Added 12-15-2014 by Ord. No. 424-14]
OPEN SPACE
An area of land and/or water, substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public, but not including individually owned private yards.
OUTDOOR CAFE
An outdoor patio area of an associated restaurant or tavern, used for the express purpose of furnishing food and beverages to the public to be consumed on the premises, and directly abutting and on the same lot as the principal building in which the associated restaurant or premises is located. Outdoor cafes shall comply with the criteria in § 455-66, Outdoor cafes, of this chapter.
[Amended 9-21-2009 by Ord. No. 391-09]
OVERLAY DISTRICT
A zoning district not deemed to be an independent zoning district, but rather shall be deemed a district overlay to the end that to the extent any building, use, or structure is permitted by the terms of this section, special relief, variance, or other order of any administrative office, agency, or body, or any judicial determination, the same shall be governed by the general terms of this chapter applicable to the uses, structures, and other regulations pertaining to the zoning district in which the building, use or structure is situated. Thus, the provisions for an overlay district shall serve as supplements to the underlying zoning district provisions.
OWNER
For the purposes of a bed-and-breakfast facility, an adult individual, sui juris, but not a corporation, partnership or other legal entity, limited as follows:
A. 
In the case of a single owner: ownership of 100% of the fee interest in the property;
B. 
In the case of a husband and wife: their ownership of 100% of the fee interest in the property, whether actually occupied by one or both; or
C. 
In the case of a joint tenancy or tenancy in common: ownership of 100% of the fee interest in the property by no more than two cotenants, each owning an equal and undivided interest therein.
PARKING LOT
An off-street, ground-level, open area paved with an all-weather surface for the temporary storage of motor vehicles.
PARKING SPACE
An outdoor space or a garage space used for parking motor vehicles and to which there is access from a street, alley or driveway.
[Amended 12-15-2014 by Ord. No. 424-14]
A. 
A parking lot available to the general public, with or without payment of a fee, owned or operated by the Township, private organization or business.
B. 
A structure specifically to provide parking to the general public, with or without payment of a fee, owned and operated by the Township, private organization or business. A parking garage may or may not be an enclosed, roofed, or multilevel structure.
C. 
A parking garage or lot for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which it is located or customers, employees, or whomever else is exclusively permitted by the owner.
PERSONAL SERVICE, COMMERCIAL
A building or portion of a building in which the services of a person permitted to practice a specific profession are offered to the general public. Examples of such uses include agents, artists studios, barbers, beauticians, optometrists, photographers, tailors, and similar uses.
PLACE OF WORSHIP
A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, burial, recreational or other uses not normally associated with worship.
PLANNING COMMISSION
The Easttown Township Planning Commission.
[Added 9-21-2009 by Ord. No. 391-09]
POLITICAL SIGN
A temporary sign relating to the election of a person to a public office, or a political party, or a matter to be voted upon at an election by the general public.
PORTABLE SIGN
Any sign designed to be transported or moved, including, but not limited to, signs designed to be transported by wheels, signs converted to A-frames, or menu and sandwich boards.
PREMISES
Any lot, building, business establishment or combination thereof held under single lease or ownership.
PRINCIPALLY ABOVE GROUND
A minimum of 51% of the actual cash value of the structure, less land value, is above ground.
PRINCIPAL RESIDENCE
The actual and factual place of domicile and abode of the owner.
PROFESSIONAL OFFICE
A business facility housing the practice of those professionals who provide a service requiring academic training, including but not limited to accountants, architects, engineers, lawyers, physicians, and planners.
PROJECTING SIGN
A sign which is attached directly to any building wall and which extends more than 12 inches from the face of the wall.
PUBLIC/GOVERNMENT FACILITY
Any building, structure, facility, complex, or area used by the general public or which provides a service to the public, whether constructed by a federal, state, county, or municipal government agency, or any private individual, partnership, association, or corporation.
PUBLIC NOTICE
Notification of a public meeting shall be published in a newspaper(s) of general circulation in the Township indicating the time, place and nature of the public hearing. Such notice shall be published once a week for two successive weeks prior to the date fixed for the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing, in accordance with requirements of Act 247, the Municipalities Planning Code, as amended.[4]
REAL ESTATE SIGN
A temporary sign indicating the sale, rental, or lease of the premises on which the sign is placed.
RECREATIONAL VEHICLE
A vehicular-type unit which is designed to be self-propelled or towable, that is primarily designed as a temporary living accommodation for recreational, camping, travel, or seasonal use, including but not limited to travel trailers, truck campers, camping trailers, self-propelled motor homes, and any combination of a boat and/or boat trailer.
RECTORY
An official residence provided by a place of worship for its parson, minister, vicar, or rector.
REDEVELOPMENT
Reconstruction of an existing improved, developed property, as of the effective date of this chapter.
REGULATORY SIGN
Any sign which is erected for any period of time to satisfy requirements or regulations promulgated by any federal, state, or local government agency.
RESTAURANT
An establishment furnishing food and beverages to the public for consumption on or off the premises, or both.
RESTAURANT, FAST-FOOD
An eating establishment where customers place their orders at a service area located indoors, but separate from any seating facilities, and where food is either consumed at seating facilities or is taken out for consumption.
RETAIL COMMERCIAL
A commercial establishment, having its primary function to provide goods and merchandise to the general public, where such goods and merchandise are available for immediate purchase and removal of the product from the premises by the customer. Examples of goods and merchandise include, but are not limited to, the following: dry goods, variety and general merchandise, specialty shop, pharmacy, clothing, flowers, food and beverages, household supplies, hardware store, optical shop, sale and repair of jewelry, watches and clocks, musical instruments, televisions and other electronic entertainment equipment and similar items.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on two generally parallel streets (excluding service streets or alleys) with vehicular access solely from one street.
[Added 9-21-2009 by Ord. No. 391-09]
REVOLVING SIGN
A sign which revolves in a circular motion rather than remaining stationary on its supporting structure.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley, crosswalk, or for other public purposes.
RIPARIAN BUFFER
An area surrounding a watercourse, floodplain or wetland, containing trees and other vegetation, that intercepts surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and functions to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. This transition area between aquatic and terrestrial environments may also provide wildlife habitat, control water temperature, attenuate flood flow, and provide opportunities for passive recreation.
RIPARIAN BUFFER ZONE
The total area encompassing the riparian buffer and the natural resources the buffer protects, which may include watercourses, ponds and lakes, wetlands, and floodplains.
ROOMING HOUSE
A single-family dwelling in which the occupant, for compensation, supplies living accommodations but no meals by the week or longer to other than members of his family, provided that there shall be at least 500 square feet of habitable space for each roomer.
ROUTINE PROPERTY MAINTENANCE
Periodic cutting, killing and/or removal of entire plants or portions of plants, which may include lawn mowing, weed and vine control, the removal of invasive plants and the removal of dead trees or limbs.
SEPTIC TANK
A covered watertight settling tank in which raw sewage is changed into solid, liquid, and gaseous states to facilitate further treatment and final disposal.
[Added 9-21-2009 by Ord. No. 391-09]
SHED
A single-storied enclosed accessory structure built for storage, but excluding the storage of vehicles.
[Added 12-15-2014 by Ord. No. 424-14]
SHOPPING CENTER
A discrete use designed and developed as an integrated unit, consisting of multiple retail sales and personal service uses arranged as contiguous but separate stores, shops and establishments in one or more buildings and sharing common vehicular and pedestrian access and parking.
SIDEWALK SIGN
A temporary sign placed on the sidewalk or pavement adjacent to a business.
SIGHT DISTANCE
The required length of street visible to the driver of a passenger vehicle at any given point on the street when the view is unobstructed by traffic. Sight distance measurements shall be made from a point four feet above the center line of the street surface to a point 0.5 foot above the center line of the street surface.
SIGN
Any writing, figure, representation, logo, emblem, flag, lighting, banner, device, letter, word, or street clock and temperature announcement, which shall include any announcement, declaration, display, illustration, name, identification, description, or insignia, which is used to advertise or promote the interest of any person or firm and is placed in the general view of the public.
A. 
The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, but excluding any supporting framework and bracing which are solely incidental to the display itself, provided the same do not contain any lettering, wording, designs, or symbols. For the purpose of this chapter, sign area shall be computed as a square or rectangle drawn at the outer limits of the sign face.
B. 
Where the sign consists of a double face, only one side shall be considered for the purpose of calculating total sign area. Where both sides are not identical, or where the interior angle formed by the faces of a sign is greater than 45°, all faces shall be considered in calculating total sign area.
SIGN FACE
The part of a sign that is, or can be, used to identify, advertise, and communicate information for visual representation that attracts the attention of the public for any purpose. This definition shall include any background material, panel, trim, and color used that differentiate the sign from the building or structure on which it is placed. The sign structure shall not be included, provided no message, display, or symbol is designed and included as a part of the structure.
SIGN HEIGHT
The distance from the highest portion of the sign, including all structural elements to mean grade.
SIGN STRUCTURE
A supporting structure erected and used for the purpose of identification or attracting attention with or without a sign thereon, situated upon any premises where a sign may be located. This definition shall not include a building, fence, wall, or earthen berm.
SINGLE AND SEPARATE OWNERSHIP OF A LOT
The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SPECIAL EXCEPTION USE
See "use, special exception."
A. 
The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site.
B. 
For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and the installation of utilities) is completed.
STEEP SLOPES
Steep slopes shall be divided and delineated into the following two categories:
A. 
Those areas of land where the grade is 15% to 25%.
B. 
Those areas of land where the grade is 25% or greater.
A. 
A strip of land, including the entire right-of-way (i.e., not limited to the cartway), intended for general public use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The term "public street" includes any thoroughfare intended for public use. Public streets are further classified according to the functions they perform.
(1) 
A street right-of-way providing secondary vehicular access to the side or rear of lots, but shall not provide the principal means of access for vehicular traffic to an abutting property.
(2) 
A minor street intersecting another street and terminating in a vehicular turnaround at the other end.
(3) 
A street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
(4) 
A minor street parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and control of intersections with the major street.
(5) 
A minor street used for circulation and access within a development involving multifamily developments, commercial and industrial uses.
(6) 
A street used primarily to provide access to abutting properties.
(7) 
A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial commercial subdivisions shall generally be considered collector streets), sometimes called a "feeder street," which connects a local street system and a major street or highway system.
(8) 
A street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation; a highway on which preference is given to the through movement of traffic at the expense of cross traffic.
B. 
A strip of land or roadway intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. A private street is intended for use of only the lots served rather than the general public.
STREET CENTER LINE
A line that is an equal distance from both street lines, unless officially designated otherwise.
STREET FRONTAGE
The lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
[Added 6-3-2013 by Ord. No. 414-13]
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 outside the boundary of a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STREET WALL
The main wall of a structure that is closest to and most nearly parallel with the adjacent street.
[Added 8-19-2013 by Ord. No. 417-13]
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural members of a building or other structure, such as, but not limited to, the bearing walls, 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.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, ACCESSORY
A structure subordinate to the principal use or structure on the lot and used for purposes customarily incidental to those of the principal use or structure.
[Amended 12-15-2014 by Ord. No. 424-14]
STRUCTURES TO SERVE ACTIVE OUTDOOR USES
Those structures serving active uses such as swimming, tennis, and riding rings shall not be located within the required minimum yard setbacks for the district the lot is located in.
STRUCTURES TO SERVE PASSIVE OUTDOOR USES
Those structures serving passive uses such as storage sheds, pet shelters (except as noted below), greenhouses, sidewalks, patios 30 inches in height or less, decks 30 inches in height or less, and playground equipment shall be set back a minimum of 10 feet from a side and rear lot line.
[Amended 12-15-2014 by Ord. No. 424-14]
SUBDIVISION
The division or redivision of a lot 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, partitioned 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.
[Added 9-21-2009 by Ord. No. 391-09; amended 12-15-2014 by Ord. No. 424-14]
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Chapter 400, Subdivision and Land Development, of the Code of Easttown Township, Chester County, as adopted and amended.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TEMPORARY SIGN
Any sign erected for a period of time not to exceed 30 days in any one calendar year.
THEATER
A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.
TIMBER HARVESTING PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a lotuch plan shall have been prepared by a Pennsylvania-certified forester with demonstrable expertise in forest management and shall document measures to be taken to control erosion and sedimentation, protect water quality, minimize impacts from skid trails and logging roads land areas, and the tree removal process, and ensure site restoration. The plan shall be consistent with the minimum forest practices of the Pennsylvania Model Forestry Regulations published by the Penn State School of Forest Resources. (Note: A copy of the model regulations can be obtained at the Township office.)[5]
[Amended 12-15-2014 by Ord. No. 424-14]
TIME AND TEMPERATURE SIGN
A display containing illuminated numerals flashing alternately to show the time and the temperature.
TOWNSHIP
The Township of Easttown, Chester County, Pennsylvania.
UNIFIED GROUP OF BUILDINGS
A cluster of two or more buildings on a lot containing separate but related main uses which is designed as a single or common management and maintenance unit with common open spaces, maintenance, service and other facilities and services.
USE, ACCESSORY
A use of a building, structure or land that is not a principal permitted use, but which is entirely incidental and subordinate to the principal permitted use on the same lot.
USE, ACTIVE OUTDOOR
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, ball fields, and swimming pools.
USE, BY-RIGHT
A use that is permitted in a zoning district without the need for a special exception, variance, or conditional use permit.
USE, CONDITIONAL
A use which is generally not appropriate to a particular zoning district as a whole but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.
USE, MULTIFAMILY BUILDING
A building containing two or more dwelling units, each with independent kitchen, bathroom and bedroom facilities, which may have independent outside access, including but not limited to apartments, quadraplexes, and garden apartments.
USE, MULTIFAMILY DEVELOPMENT
A development that includes more than one multifamily structure, including but not limited to apartment, townhouse, quadruplex and garden apartment developments, in an orderly, appropriate manner in areas accessible to public water and sewer service as well as to a road network sufficient to accommodate the increased traffic to be anticipated from such multifamily development and to insure that such development projects are built in the manner and to the specifications shown on approved plans.
USE, PASSIVE OUTDOOR
Recreational pursuits which can be carried out with little alteration or disruption of the area in which they are performed. Such uses include but are not limited to hiking, biking, environmental education activity, and picnicking.
USE, SPECIAL EXCEPTION
A use which is not permitted as a right, but which, when provided for in this chapter and deemed suitable, with or without the imposition of conditions or restrictions under applicable standards, may be allowed by the Zoning Hearing Board after public hearing.
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board after compliance with the applicable provisions of this chapter constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific parcel of property and not to be construed as a precedent.
VEHICULAR SIGN
Any vehicle to which a sign is affixed in such a manner that the carrying of such sign, or signs, no longer is incidental to the vehicle's primary purpose.
VETERINARY CLINIC
A medical facility specializing in the treatment of injury or disease afflicting animals, especially domestic animals and household pets, and the boarding of animals for medical reasons is incidental to the medical facility use.
WALL/PILLAR
An upright structure serving as an enclosure, barrier or boundary, made of masonry, stone, brick or similar building materials.
[Added 12-15-2014 by Ord. No. 424-14]
WALL SIGN
Any sign erected against the wall of a building, or displayed on windows or doors, or displayed with the exposed face thereof in a plane parallel to the face of said wall, window, or door and which sign is mounted at a distance measured perpendicular to said wall not greater than 12 inches.
WAREHOUSE
A building used primarily for the storage of goods and services, but not for direct retail sales.
WATERCOURSE
A stream, creek, run, or other body of running water with a defined bed and banks in which water flows in a definite direction or course, whether natural or artificial, with perennial or intermittent flow, as depicted on the most current USGS Quadrangle Map or more accurate information, as available. Field verification to determine evidence and location of natural channelized flow may be required for specific determinations.
WETLANDS
Those areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official "wetland" definition of the United States Army Corps of Engineers, the United States Environmental Protection Agency, or the Pennsylvania Department of Environmental Protection shall be considered a wetland for the purposes of this chapter. In the event the definition of a "wetland" conflicts between any of these agencies, the more restrictive definition shall apply.
WHOLESALE TRADE BUSINESS
Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers, or to establishments acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.[6]
WINDOW SIGN
Any sign placed upon a window or inside the window and within 12 inches of the surface of the window, facing the outside, which is to be used for advertising purposes. Show window displays are not included within this definition.
WOODED LOT
Any building lot having more than one viable tree, six inches or greater in dbh per 1,500 square feet of gross lot area, exclusive of street right-of-way.
[Amended 9-21-2009 by Ord. No. 391-09]
WOODLAND
A plant community, of 0.25 acre or larger in area, well-stocked and comprised predominantly of healthy trees, six inches and greater in dbh, and other woody vegetation, growing more or less closely together, the branches of which form a complete or nearly complete aerial canopy. For the purposes of this chapter, the extent of any woodland shall be measured from the dripline of the outer trees. Woodlands do not include orchards, commercial nurseries, Christmas tree farms, or oldfields, where more than 75% of the trees are smaller than six inches dbh.
YARD
Where a minimum depth of a yard setback is specified in a district, an open space of at least the specified depth shall be provided between the street line(s) or lot line(s) and the nearest point of any building or structure, except when permitted elsewhere in this chapter. See Figure 18-2, below.
A. 
The minimum open space extending the full width of the lot from the right-of-way line to any structure, principal, accessory or other, on a lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building. Front yard lot lines shall be parallel to the front lot line.
B. 
The minimum open space required between each side lot line and any structure, principal, accessory or other, on the lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building. Side yard lines shall be substantially perpendicular to front lot lines.
[Amended 12-15-2014 by Ord. No. 424-14]
C. 
The minimum open space extending the full width of a lot required between the rear line of the lot and any structure, principal, accessory or other, on the lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building. Rear yard lines shall be parallel to rear lot lines.
[Amended 12-15-2014 by Ord. No. 424-14]
D. 
In the case of a corner lot having frontages on two or more streets, the yard fronting each street shall equal the required front yard for the zoning district in which the lot is located. The yard opposite the principal entrance to the residence shall be a rear yard, and the remaining yard shall be a side yard.
[Amended 12-15-2014 by Ord. No. 424-14]
Figure 18-2
Yard Diagram
455 Fig 18-2.tif
ZONING DISTRICT, BASE
The basic system of zoning, which, under this chapter, as amended, divides all land in the Township into separate, distinct zoning district classes and sets limits and requirements for land use in each of these base zoning districts.
ZONING DISTRICT, OVERLAY
Regulations that apply in addition to the regulations applicable to the base zoning districts. Where conflicts exist between the overlay and base zoning, the most restrictive provision applies.
ZONING HEARING BOARD
The Zoning Hearing Board of Easttown Township.
ZONING MAP
The Zoning Map of Easttown Township, Chester County, Pennsylvania, as adopted and amended.[7]
ZONING OFFICER
An individual appointed by the Board of Supervisors on an annual basis to administer the provisions of this chapter who shall not hold any elective office within Easttown Township.
ZONING ORDINANCE
The designation of specified districts within Easttown, Chester County, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements within this chapter of the Code of Easttown Township, as amended.
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.
[1]
Editor's Note: The former definitions of "commercial communications antenna," "commercial communications antenna support structure," and "commercial communications antenna support structure height," which immediately followed this definition, were repealed 12-15-2014 by Ord. No. 424-14.
[2]
Editor's Note: The original definition of "habitable floor area," which immediately followed this definition, was repealed 6-22-2014 by Ord. No. 422-14.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: The former definition of "townhouse," which immediately followed this definition, was repealed 12-15-2014 by Ord. No. 424-14.
[6]
Editor's Note: The former definitions of "wireless communications equipment structure" and "wireless communications facility," which immediately followed this definition, were repealed 12-15-2014 by Ord. No. 424-14.
[7]
Editor's Note: The Zoning Map is on file in the Township offices.