Word usage. As used in this Part 1, words in the singular include the plural, and those in the plural include the singular. Words in the present tense include the future tense; words used in the masculine gender include the feminine and neuter. The word "person" includes corporation, unincorporated association and partnership, as well as an individual. The word "building" includes the meaning of "structure" and shall be construed as if followed by the phrase "or part thereof."
Definitions. The following words as used in this Part 1 shall have the meanings indicated below:
- ACCELERATED EROSION
- The removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur from natural processes alone.
- See "service street."
- A landowner or developer, including his heirs, successors and assigns, as hereinafter defined, who has filed an application for subdivision or land development.
- 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, for the approval of a subdivision plan, for the approval of a land development plan and for the approval of a planned residential development.
- BASE SITE AREA
- The amount of land remaining when existing and proposed road
and utility rights-of-way are subtracted from the gross tract area.[Added 6-28-1999 by Ord. No. 2-1999]
- A tract of land bounded entirely by streets; by streets and a watercourse; by streets and a railroad; by streets and the corporate boundaries of the Township; by streets and public land; or any combination of the above.
- The Board of Supervisors of Willistown Township.
- BUFFER PLANTING STRIP, BUFFER STRIP OR SCREEN
- A strip of required yard space adjacent to a use or facility within a property or to the boundary of a property or district, as designated in Chapters 73, 123, and 139, which is landscaped for the full width (or as otherwise specified in Chapter 73) and on which is located a visual barrier of sufficient density not to be seen through and of sufficient height to constitute an effective screen and give immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense trees and shrubs consistent with the requirements of Chapter 73, Article X.[Added 3-14-2016 by Ord. No. 6-2016]
- Any structure used or intended for supporting or sheltering any use or occupancy. The term "building" may refer to an entire structure enclosing space for residential, commercial, industrial or storage use or other purpose as defined by its exterior walls or to a part of a building intended for use independent of the use of other parts, depending on context. "Building subdivision" shall mean a part of a building bounded by exterior and fire walls. "Building cluster" shall mean the space enclosed by exterior walls of a building, including any and all of its subdivisions. Detached buildings share or contain no fire wall. Semidetached buildings share or contain one and only one fire wall. Attached buildings share or contain at least one fire wall.
- BUILDING SETBACK LINE
- An established line within a property defining the minimum required distance between any building to be erected and an adjacent street right-of-way, to provide the front yard specified by the Willistown Township Zoning Ordinance.
- The portion of a street or alley, right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
- 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.
- CLUSTER DEVELOPMENT
- A development of dwellings on lots, some or all of which are smaller than is otherwise required by the base zoning of the Willistown Township Zoning Ordinance of 1981, as amended, incorporating within the development areas of open space.
- A form of ownership of real property comprised of both an undivided interest in a portion of a parcel and a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980.
- CULTURAL LANDSCAPE
- A natural setting, the appearance of which represents the
historic settlement pattern and development of a community. Such settings,
which may or may not contain an historic structure, often reflect
certain time periods of local significance. When applied to historic
structures, a cultural landscape also includes the setting of the
structure and its contribution to the integrity of the structure.
Examples include, but are not limited to, historic structures surrounded
by large specimen trees, scenic vistas encompassing historic farmsteads
and hedgerows, stone walls or ruins against a backdrop of equestrian
activity and rural roads framing historic villages.[Added 6-28-1999 by Ord. No. 2-1999]
- DETENTION BASIN
- A structure designed to retard surface runoff for a period of time sufficient to cause the deposition of sediment and to reduce the velocity and volume of surface flows leaving a site, thus preventing further erosion.
- DEVELOPABLE LAND
- The amount of land available for development as determined
by subtracting the total protected land from the base site area.[Added 6-28-1999 by Ord. No. 2-1999]
- Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development, including improvements thereto.
- DEVELOPMENT AGREEMENT
- A written contract between a subdivider or developer and the owner (if other than the subdivider or developer) on one hand and the Township on the other specifying the terms and/or conditions agreed upon by the parties thereto relating to the subdivision or development of a tract of ground.
- DRIVEWAY (LANE)
- A private means of vehicle access from a public or private street to a single lot; provided, however, that two contiguous lots may share a common driveway where the applicable requirements of this Part 1 and the Township Zoning Ordinance are complied with on each lot.
- EARTHMOVING ACTIVITY
- Activity resulting in the movement of earth or stripping of vegetative cover from the earth.
- EASEMENT, CONSERVATION
- A legal agreement between a property owner and a governmental entity or any other organization approved by the Township as a bona fide conservation organization through which the property owner establishes certain use restrictions for conservation purposes over all or a portion or portions of a tract of ground, including the granting of rights to the governmental entity or conservation organization for the purpose of maintaining and enforcing the conservation purposes of the easement.
- EASEMENT, PUBLIC
- A permanent right granted for limited use of private land for a public purpose within which the owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
- ENGINEER, TOWNSHIP
- A professional engineer or firm licensed in Pennsylvania duly designated by the Township to perform the duties of Township Engineer as herein specified.
- A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation. For the purpose of this Part 1, the one-hundred-year-floodplain as defined by Federal Emergency Management Agency, Federal Insurance Administration (FIA).
- FLOOR AREA
- The sum of the area of the several floors of a building or
buildings measured from the face of the exterior walls or from center
lines of walls separating two buildings.[Added 5-14-2001 by Ord. No. 1-2001]
- The unit of measure expressing the quantity of light received
on a surface. One footcandle is the illuminance produced by a candle
on a surface one foot square from a distance of one foot. Also referred
to as a unit of light density incident on a plane (assumed to be horizontal
unless otherwise specified), and measurable with an illuminance meter,
a.k.a., light meter.[Added 9-12-2011 by Ord. No. 8-2011]
- FULLY SHIELDED
- Attribute of a light fixture from which no light is emitted
at or above a horizontal plane drawn through the lowest light-emitting
portion of the light fixture.[Added 9-12-2011 by Ord. No. 8-2011]
- Excessive brightness in the field of view that is sufficiently
greater than the brightness to which the eyes are adapted, causing
visual discomfort, reduced visibility, or loss in visual performance
so as to jeopardize health, safety or welfare.[Added 9-12-2011 by Ord. No. 8-2011]
- GUARANTY, MAINTENANCE
- Any security which may be required of a developer by the Township after the final acceptance by the Township of improvements, installed by the developer. Such security may include, but is not limited to, maintenance bonds, surety agreements or other collateral.
- GUARANTY, PERFORMANCE
- Any security which may be required of a developer by the Township in lieu of a requirement that certain improvements be made before the Township approves the developer's subdivision plan or land development plan. Such security may include, but is not limited to, performance bonds, escrow agreements, surety agreements or other collateral.
- HISTORIC RESOURCE FOOTPRINT
- The area of the structural foundation that includes, enclosed, habitable living space. For conversions as permitted in § 139-165D of Chapter 139, the footprint shall include the area of the structural foundation that includes the enclosed working space. The "area of the structural foundation" refers to the square footage of a single floor, presumably the wound or first floor, as measured from the face of the exterior walls.[Added 11-11-2002 by Ord. No. 7-2002]
- Illuminating Engineering Society of North America.[Added 9-12-2011 by Ord. No. 8-2011]
- Quantity of incident light, measured in footcandles.[Added 9-12-2011 by Ord. No. 8-2011]
- IMPERVIOUS COVERAGE
- See "impervious surface."[Added 5-14-2001 by Ord. No. 1-2001]
- IMPERVIOUS SURFACE
- Material which is or is likely to become impenetrable and unable to absorb water, including but not limited to buildings, structures, paved or graveled areas (driveways, parking lots, sidewalks, terraces, patios, swimming pools, tennis courts, etc.), artificial turf fields or coverings, and porous pavement or similar surface materials. The management of stormwater from such surfaces shall be assessed pursuant to Chapter 73, Article VIII, Stormwater Management.[Amended 5-14-2001 by Ord. No. 1-2001; 7-18-2011 by Ord. No. 7-2011]
- Buildings, for public or quasi-public use, grading, paving, curbing, street lights and signs, landscaping, water mains, hydrants, sanitary sewer mains including laterals to the street right-of-way line, storm drainage lines, stormwater management structures, sidewalks, monuments and all other additions to the tract that are required by ordinance or necessary to result in a complete subdivision/land development.
- IMPROVEMENTS, PUBLIC
- Improvements, including but not limited to those contained in the definition of "improvements," that are intended for dedication to the Township, either in fee or by easement.
- LAND DEVELOPMENT
- Any of the following activities: [Amended 10-27-1992 by Ord. No. 2-1992]
- (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. Regarding the activities described in Section 503(1.1) of the Municipalities Planning Code, those addressed in Subsections (ii) and (iii), concerning accessory buildings and amusement parks, respectively, shall not be considered land developments for purposes of this Part 1; any conversion of an existing single-family detached dwelling or single-family semidetached dwelling into two or more dwelling units shall be considered a land development. In addition, any nonfee lease for purposes of easement or right-of-way shall not be considered a land development.
- The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land shall be deemed to be a landowner for the purpose of this Part 1.
- LANDSCAPE IMPROVEMENT
- The addition of features to the land which enhance a particular
site from the standpoint of, e.g., noise abatement, recreational enjoyment,
wildlife preservation, visual amenity, etc., Such improvements might
include plantings, pathways, patios and fences. Landscape Improvements
may include vegetative components but are not considered to be buffer
planting strips.[Added 3-14-2016 by Ord. No. 6-2016]
- LANE, ACCELERATION OR DECELERATION
- A lane of a cartway intended for use by vehicles entering, leaving or crossing a lane of forward travel without interrupting the flow of traffic.
- LIGHT TRESPASS
- Light which is cast beyond the boundaries of the property
it is intended to illuminate (on which the lighting installation is
sited).[Added 9-12-2011 by Ord. No. 8-2011]
- A tract or parcel of land, undivided by any street or private
road or dedicated future street right-of-way, held in single or joint
ownership, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, desigued or required. Such parcel shall be separately
described by metes and bounds, the description of which is recorded
in the office of the Recorder of Deeds of Chester County by deed description
or is described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Chester County. The term "lot" shall also
mean parcel, plot, site or any similar term.[Amended 6-25-2001 by Ord. No. 4-2001]
- LOT AREA
- The area contained within the property lines of a lot (in
existence or as shown on a plan), excluding any portion of a lot included
in existing and proposed road and utility rights-of-way and any other
easement similarly restricting the owner's right of use.[Amended 6-25-2001 by Ord. No. 4-2001; 2-13-2017 by Ord. No. 1-2017]
- LOT, CORNER
- A lot at the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangent to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
- LOT, INTERIOR
- A lot which does not adjoin a street but is connected thereto by an access strip of the required minimum width. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district and shall be met on that portion of the lot, exclusive of the access strip.
- LOT LINE, FRONT
- The line separating the lot from the street right-of-way. For interior lots, the front lot line is the line generally parallel to the street right-of-way at the nearest point to the right-of-way where the lot attains substantially the minimum required lot width.
- LOT, REVERSE FRONTAGE
- A lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the latter.
- LOT WIDTH
- The horizontal distance between side lot lines measured along the street line or building setback line as specified. When the street line is curved, the measurement shall be made on the arc on or parallel to the curve of the street line.
- The light-output rating of a lamp (light bulb) or the unit
of measure used to quantify the amount of light produced by a lamp
or emitted from a luminaire (as distinct from "watt," a measure of
power consumption).[Added 9-12-2011 by Ord. No. 8-2011]
- The complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s) (when applicable), together with the parts
designed to distribute the light (reflector, lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.[Added 9-12-2011 by Ord. No. 8-2011]
- MANUFACTURED HOME
- See "mobile home."[Added 10-27-1992 by Ord. No. 2-1992]
- MANUFACTURED HOME PARK OR SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.[Added 10-27-1992 by Ord. No. 2-1992]
- A metal pipe or pin of at least 1/2 inch diameter and at least 24 inches in length.
- MOBILE HOME
- A transportable, single-family dwelling, intended for permanent
occupancy contained in one unit, or in two or more units designed
to be jointed into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation,
including any addition or accessory structure, such as porches, sheds,
decks or additional rooms. All mobile homes shall meet construction
standards set by the United States Department of Housing and Urban
Development.[Amended 10-27-1992 by Ord. No. 2-1992]
- 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.[Added 10-27-1992 by Ord. No. 2-1992]
- MOBILE HOME PARK
- A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.[Amended 10-27-1992 by Ord. No. 2-1992]
- A tapered permanent survey reference point of stone or concrete having a round top four inches on each side with a length of 24 inches.
- MUNICIPALITIES PLANNING CODE
- The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and reenacted by Act 170 of 1988, 53 P.S. § 10101,
et seq., and any subsequent amendments thereto.[Added 10-27-1992 by Ord. No. 2-1992]
- OPEN SPACE, COMMON
- A parcel or parcels of land or an area of water, or a combination of land and water, within a development and designed and intended for the use or enjoyment of residents of the development, excluding streets, off-street parking areas, areas set aside for public facilities and private yards.
- As defined by 49 CFR 195.2 and 192.3.[Added 12-15-2014 by Ord. No. 7-2014]
- PLANNING COMMISSION
- The Planning Commission of the Township of Willistown.
- PUBLIC NOTICE
- Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days, prior to the date of the hearing.[Added 10-27-1992 by Ord. No. 2-1992]
- 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,
golf courses and swimming pools.[Added 6-28-1999 by Ord. No. 2-1999]
- RECREATION, PASSIVE
- Those 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 and picnicking.[Added 6-28-1999 by Ord. No. 2-1999]
- RECREATIONAL STRUCTURE
- Anything constructed or erected on the ground or attached
to the ground, pursuant to the definition of “structure,”
as intended for community recreational purposes. Such structures shall
not include facilities intended for the private use and benefit of
individual property owners (patios, decks, outdoor kitchens, etc.)[Added 6-28-1999 by Ord. No. 2-1999; amended 3-14-2016 by Ord. No. 6-2016]
- Any regulated activity that proposes or consists of demolition
or removal of existing structures or impervious surfaces and replacement
with new impervious surfaces; or construction on existing impervious
surfaces, as determined by the Township (this does not include Township
road maintenance activities, such as top-layer grinding and repaving,
which may be exempt from stormwater standards).[Added 7-18-2011 by Ord. No. 7-2011]
- A change in the map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
- RETENTION BASIN
- A reservoir, formed from soil or other material, which is designed to temporarily detain a certain amount of stormwater from a catchment area and which also may be designed to permanently retain additional stormwater runoff from the catchment area. Retention basins also may receive fresh water from year-round streams. Unlike detention basins, retention basins always contain water, and thus may be considered man-made lakes or ponds.
- REVERSE FRONTAGE LOT
- A lot extending between and having frontage on two generally parallel streets with vehicular access from only one street.
- 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 ownership
or interest as a trustee for the public, as such ownership and/or
interests now or hereafter in existence including, but not limited
to, all streets, highways, avenues, roads, alleys, crosswalks, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the Township or Commonwealth, and
any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township. The phrase “in
the right(s)-of-way” means in, on, over, along, above and/or
under the right(s)-of-way.[Amended 1-25-2016 by Ord. No. 3-2016]
- The creation of a visual barrier through some combination of plantings, fences and walls, pursuant to the requirements of Chapter 73, Article X; in no case shall combinations of plantings, fences and walls be used as a method to reduce or eliminate the requirements of Chapter 73, Article X, unless specifically permitted otherwise or by approval of the Board.[Amended 3-14-2016 by Ord. No. 6-2016]
- Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by water.
- SHADE TREE
- A tree in a public place, street, special easement or right-of-way adjoining a street as provided in this Part 1.
- SHADOW ANALYSIS
- A graphic representation of shadows cast by mature landscaping, screening and structures, plotted with regard to topography, slope and direction at 9:00 a.m., 12:00 noon and 3:00 p.m. on the date of winter solstice.
- A light fixture from which direct glare is not visible at
normal viewing angles by virtue of its being properly aimed, oriented,
and located and properly fitted with such devices as shields, barn
doors, baffles, louvers, skirts or visors.[Added 9-12-2011 by Ord. No. 8-2011]
- An improved all-weather paved area parallel to and separate
from the street which is used as a pedestrian walking area. [Added 10-22-2007 by Ord. No. 10-2007]
- SIGHT DISTANCE
- The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
- SOLAR ENERGY
- Radiant energy (direct, diffused or reflected) received from the sun at wavelengths suitable for conversion into thermal, chemical or electrical energy.
- SPECIMEN TREE
- A unique, rare or otherwise specifically selected plant or tree which most typically represents a whole class or group, specifically in shape, form, historical importance or any other characteristic which may be designated as such by the Township.
- STABILIZED SHOULDER
- Any treatment of road shoulders (natural or man-made) to prevent erosion.
- Water which surfaces, flows or collects during and subsequent to rain or snowfall.
- A right-of-way intended for the general public use to provide means of approach for vehicles and pedestrians. The word "street" includes the words "road," "highway," "thoroughfare" and "way."
- A design term referring to all the elements that constitute
the physical makeup of the street and that as a group define its character,
including street trees, lighting, sidewalks and crosswalks.[Added 10-22-2007 by Ord. No. 10-2007]
- Any man-made object having an ascertainable stationary location on land or water, whether or not affixed to the land.
- The division or redivision of a single 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. 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 residential dwellings shall not be included within the definition of subdivision for the purpose of this Part 1. Any subdivision of land for mortgage purposes only shall nevertheless comply with all of the requirements of this Part 1 and of Chapter 139, Zoning, of this Code.[Amended 10-27-1992 by Ord. No. 2-1992]
- Any individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit (or agent authorized thereby) which undertakes the subdivision or development of land.
- SUBDIVISION OFFICER
- That official of the Township (who may but need not also be Township Engineer and/or Zoning Officer) designated by the Board of Supervisors to administer the provisions of this Part 1.
- SURFACE LAND USES AFFILIATED WITH TRANSMISSION PIPELINES
- Above-ground transmission pipeline facilities, including,
but not limited to, compressor stations, pumping stations, regulator
stations, launcher/receiver stations, and other surface pipeline appurtenances.[Added 12-15-2014 by Ord. No. 7-2014]
- A registered surveyor licensed in Pennsylvania.
- TOTAL PROTECTED LAND
- The sum of the acreage of natural resource land requiring protection pursuant to Chapter 73, § 73-11.1.[Added 6-28-1999 by Ord. No. 2-1999]
- The Township of Willistown.
- TRACT AREA, GROSS
- The area of land contained within the title lines of the
tract.[Added 6-28-1999 by Ord. No. 2-1999]
- TRAFFIC CONTROL SIGNAL OR DEVICE, WARRANTED
- A traffic control signal or device, as defined by the Regulations of the Pennsylvania Department of Transportation as set forth in Title 67 of the Pennsylvania Code, for which one or more of the warrants, as set forth in said regulations, has been met.
- TRANSMISSION PIPELINES
- Transmission pipelines include, but are not limited to, pipelines
designed for the transmission of a gas or petroleum gas, except a
service line, as those terms are defined by 49 CFR 192.3; also included
are pipelines designed for the transmission of a hazardous liquid,
as defined by 49 CFR 195.2.[Added 12-15-2014 by Ord. No. 7-2014]
- A planting or landscape area or brick paving area between
the curbline of a street or cartway and the sidewalk running along
a street which may contain streetlights or signage.[Added 10-22-2007 by Ord. No. 10-2007]
- A permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.
- WOODED LOT
- Any lot having more than one viable tree of a caliper of
six inches or greater per 1,500 square feet of lot area. A wooded
lot is a lot that has woodland.[Added 6-25-2001 by Ord. No. 4-2001]
- An area characterized by a more or less dense and extensive
tree cover, including the dripline of trees; more particularly, a
plant community predominantly of healthy trees and other woody vegetation,
well stocked and growing more or less closely together. See also "wooded
lot." Land that conformed to this definition within 18 months of application
for subdivision, land development or stormwater management shall be
considered to be woodland.[Amended 6-25-2001 by Ord. No. 4-2001]