[Amended 8-6-2001 by Ord. No. 2001-5]
A.Â
If a word is not defined in this chapter, but is defined in Chapter 149, Subdivision and Land Development, then the definition shall also apply to this chapter.
[Added 3-3-2003 by Ord. No. 2003-2]
B.Â
Unless otherwise expressly stated, the words and phrases
listed in this article shall be construed throughout this chapter
to have the meanings indicated herein. The present tense includes
the future; the singular number includes the plural, and the plural
the singular; the masculine gender includes the feminine and neuter;
the word "used" includes the words "designed, arranged, or intended
to be used"; the word "person" includes any individual, partnership,
firm, association, corporation, or organization; the word "occupied"
includes the words "designed or intended to be occupied"; the word
"may" is permissive; and the word "shall" or "must" is always mandatory.
When terms, phrases, or words are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
As used in this chapter, the following terms
shall have the meanings indicated:
An intentional and absolute relinquishment and cessation
of a use with no intention to resume such use.
A self-contained dwelling unit which is complete with food
preparation and bathroom facilities, has direct access to the outdoors
or to a hall from which there is direct access to the outdoors, and
is accessory to the existing primary dwelling unit.
[Amended 5-21-2012 by Ord. No. 2012-5]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A way for vehicular and foot traffic leading from any street.
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.
A residential development of dwelling units and permitted accessory uses, with the dwellings limited to occupancy by households that each include at least one person age 55 or older. An adult community development shall meet the requirements of § 170-1615.
[Added 5-3-1999 by Ord. No. 99-2]
Any use meeting the definition for this term in Title 68,
Chapter 55 of the Pennsylvania Consolidated Statutes, as amended.
An adult-oriented establishment shall be considered a distinct use,
not be considered a retail sales, theater, entertainment, personal
service or any other use, and only be allowed where specifically stated
in this chapter.
[Added 3-3-2003 by Ord. No. 2003-2]
Those soils rated as Class I or Class II for productivity
for crops by the Soils Survey of Chester and Delaware Counties (USDA,
1963), as shown on the Soils and Floodplains Map in the 1987 Township
Comprehensive Plan.
Activities which involve the raising of food, plants, poultry,
and livestock, including but not limited to crop production and nurserying.
Alterations include, but are not limited to, the following:
The process by which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas, which is then burned
on-site to produce heat, electricity and water, and has the ancillary
benefit of managing livestock manure.[1]
[Added 2-17-2015 by Ord.
No. 2015-3]
See "dwelling, dwelling unit."
A landowner or developer, including his heirs, successors, and assigns, who has filed any application for approval under the terms of this chapter, or for approval of a subdivision or land development under terms of Chapter 149, Subdivision and Land Development.
The visible, functional, or ornamental objects accessory
to and part of buildings or structures.
[Added 2-17-2015 by Ord.
No. 2015-3]
A public or private daily recreational facility dedicated
exclusively to group sports and/or individual athletic events, arranged
and conducted in a manner conducive to such activities.
[Amended 12-5-1994 by Ord. No.
94-6]
An area of land, together with any structure thereon, used
for:
The retail sale of motor fuel and lubricants
and incidental services, such as lubrication and washing of motor
vehicles.
The sale, installation, or minor repair of tires,
batteries, and other automobile accessories incidental to the foregoing.
The retail sale of food, beverages, personal
care items, and similar goods (such as a convenience commercial center).
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, a flood which has a one-percent
chance of being equaled or exceeded in any given year (also called
the "one-hundred-year flood" or one-percent annual chance flood).
[Amended 9-5-2017 by Ord.
No. 2017-3]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. Within the approximated
floodplain, the base flood elevation shall be established as a point
on the boundary of the approximated floodplain which is nearest to
the site in question.
[Amended 9-5-2017 by Ord.
No. 2017-3]
A floor level completely below grade or floor level in which
more than 2/3 of the perimeter walls are below grade. A wall shall
be considered below grade where the dimension from the first floor
line to the finished grade is five feet or less, and the slope of
the finished grade extending 10 feet from the building walls does
not exceed 30°. For floodplain management purposes, a basement
is any area of the building having its floor below ground level on
all sides.
[Amended 9-5-2017 by Ord.
No. 2017-3]
A single-family dwelling containing guest rooms available
for short-term overnight rental and providing breakfast service to
overnight guests. A bed-and-breakfast facility shall not include any
cooking facilities for exclusive use by guests, nor the sale of meals
for persons who are not a resident of the dwelling unit or an employee
or overnight guest of the bed-and-breakfast facility.
[Amended 3-3-2003 by Ord. No. 2003-2]
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of the anaerobic digestion
processes.
[Added 2-17-2015 by Ord.
No. 2015-3]
The Board of Supervisors, except where the context clearly
refers to the Zoning Hearing Board.
[Amended 5-2-2005 by Ord. No. 2005-4]
A residential use which contains:
[Added 3-3-2003 by Ord. No. 2003-2]
Room(s) that do not meet the definition of a
lawful dwelling unit that are rented for habitation; or
Houses greater than the permitted maximum number
of unrelated persons. A boardinghouse shall not include a use that
meets the definition of a hotel/motel, assisted-living facility, bed-and-breakfast
facility, group home or nursing home. A boardinghouse may either involve
or not involve the providing of meals to residents. A boardinghouse
shall primarily serve persons residing on-site for five or more consecutive
days.
The Board of Supervisors of Westtown Township.
[Amended 5-2-2005 by Ord. No. 2005-4]
A strip of required space adjacent to a use or facility within
a property, or to the boundary of a property or district, on which
is located a visual barrier of sufficient height and density to appropriately
limit views of the property or use.
Any structure which is erected on the ground and permanently
affixed thereto, consisting of at least three walls and a roof, and
designed, intended, or arranged for the housing, sheltering, enclosure,
or structural support of persons, animals, or property of any kind.
Any mobile home or similar structure constructed off-site prior to
placement on the ground also is a building.
The area contained within the limits of the outside face
of the exterior walls, that being the aggregate of the maximum horizontal
cross-section areas of all the buildings on a lot, excluding cornices,
eaves, gutters, chimneys projecting not more than 18 inches, bay windows
not extending more than one story and not projecting more than five
feet, uncovered steps and balconies, but including porches, breezeways,
and carports.
The relation of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located.
The area of any building measured along the perimeter of
the exterior foundation walls.
[Added 5-6-2019 by Ord.
No. 2019-02]
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located. In the case of a lot in which the side lot
lines are not parallel, the building setback line shall be at that
point where minimum lot width first coincides with the required lot
width, but in no case closer to the street than the required front
yard.
A structure in which is conducted, designed to be conducted,
or intended to be conducted the primary use of the lot on which it
is located.
A term used to describe the size of buildings or other structures
and their relationship to each other, to open areas such as yards,
and to lot lines; included, therefore, are:
A frame-like structure enclosed on a maximum of three sides
built to mark an existing regional transportation system bus stop
and to shelter pedestrians from the weather while waiting for buses
in a public or private regional transportation system. Bus shelters
may contain limited advertising space.
[Amended 7-6-1998 by Ord. No. 98-1]
An enclosed building space more than 33Â 1/3% below grade
which shall be considered as uninhabitable for living purposes.
The indiscriminant or complete removal of all trees on a
site, or any portion thereof greater than 0.5 acre in contiguous area,
during a single timber harvesting operation or within a five-year
period.
[Amended 3-3-2003 by Ord. No. 2003-2]
A type of geothermal heating and/or cooling system that consists
of the following basic elements: underground loops of piping; approved,
nontoxic heat transfer fluid; a heat pump; and an air distribution
system. An opening is made in the earth. A series of pipes are installed
into the opening and connected to a heat exchange system in the building.
The pipes form a closed loop and are filled with a heat transfer fluid.
The heat transfer fluid is potable or beneficial reuse water and may
have approved nontoxic antifreeze, such as propylene glycol, added.
The fluid is circulated through the piping from the opening into the
heat exchanger and back. The system functions in the same manner as
the open-loop system except there is no pumping of groundwater.
[Added 2-17-2015 by Ord.
No. 2015-3]
A type of geothermal heating and/or cooling system that utilizes
a pressurized heat exchanger consisting of pipe, a circulating pump,
and a water-source heat pump in which the heat transfer fluid is not
exposed to the atmosphere. The heat transfer fluid is potable or beneficial
reuse water and may have approved nontoxic antifreeze, such as propylene
glycol, added.
[Added 2-17-2015 by Ord.
No. 2015-3]
An association based on membership, whether with or without
dues, rules, bylaws, charter, or local or national affiliation, of
persons with common interests, pursuits, or purposes. Also, the permanent
meeting place maintained for or by that membership, including but
not limited to, fraternal, athletic, or other associations.
An arrangement of residential structures that allows for
grouping the structures by reducing lot area and yard requirements
and incorporating the remaining area as open space.[2]
A building and related outdoor areas used for noncommercial
social, recreation and meeting activities by residents of a development
and their occasional invited guests.
[Added 5-3-1999 by Ord. No. 99-2]
Real estate that meets the requirements for a condominium
as stated in the State Uniform Condominium Act,[3] and which involves portions held in separate ownership
and other portions held in common ownership by all of the owners of
the portions.
[Added 3-3-2003 by Ord. No. 2003-2]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of a mobile home.
See "nursing home."
The creation of two or more dwelling units within an existing,
owner-occupied single-family detached dwelling, with the resulting
units each having independent kitchen, bath, and sleeping facilities.
See "lot, corner."
[Added 5-2-2005 by Ord. No. 2005-4]
A local street intersecting another street at one end and
terminated at the other end by a permanent vehicular turnaround.
The angle formed by a line drawn from the ground vertically
to the center of the luminaire, and a line drawn from the center of
the luminaire representing the point of total light cutoff from the
luminaire. The position of the cutoff line is the point above which
no light is emitted.
A public or private facility operated for the outdoor recreational
and educational needs of children on a daily basis, where a fee or
other form of compensation for the care of the children is charged,
and which is licensed or approved to operate as a day camp.
Land and buildings where daytime care and/or instruction
is provided for seven or more individuals, and including staffed professional
supervision necessary to serve such purposes. Such use may, but need
not, be in support of and operated by another nonresidential use.
Operation of a day-care center may be by a public agency, a private
nonprofit organization, or a private commercial entity, and shall
be licensed by the Commonwealth of Pennsylvania. This term shall include
"child-care center."
The diameter of a tree at breast height, usually measured
3.5 feet from the ground surface.
An unroofed, raised structure generally attached to a principle
use building.
The razing or destruction, whether entirely or in significant
part, of a building, structure, site, or object. Demolition includes
the removal of any building, structure, or object from its site, or
the removal or destruction of the facade or surface.
Within a flexible development, the area of that portion of
the tract to be utilized for a particular dwelling type, divided by
the total number of dwelling units of that type permitted, expressed
in units per acre.
Any landowner, agent of such landowner, or tenant with the
permission from a landowner, who makes or causes to be made the improvements
associated with a subdivision or land development. The developer may
also be the subdivider as defined herein.
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 mobile homes, streets, and other paving, utilities,
filling, grading, excavation, mining, dredging, or drilling operations,
the storage of equipment or materials, and the subdivision of land.[4]
[Amended 11-4-1996 by Ord. No. 96-7; 9-5-2017 by Ord. No. 2017-3]
See "dwelling, dwelling unit."
A building or entirely self-contained portion thereof containing
food preparation and bathroom facilities, for occupancy by only one
family (including any domestic servants living or employed on the
premises) with no enclosed space (other than vestibules, entrance
or other hallways or porches) in common with any other dwelling unit.
Dwellings may be classified as follows:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access, and open space on all sides.
TWO-FAMILYA building containing two dwelling units (detached, semidetached, or attached), including but not limited to twin or duplex:
MULTIFAMILYA building containing three or more dwelling units, including but not limited to four-family dwelling (fourplex, quadraplex), townhouse (single-family attached), and apartment buildings:
FOUR-FAMILY DWELLING (FOURPLEX, QUADRAPLEX)A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.
TOWNHOUSE (SINGLE-FAMILY ATTACHED)A building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units, and open space to the front and rear (internal units) or front, rear, and one side (end units).
APARTMENTA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses, and hallways.
A permanent right granted for limited use of private land,
normally for a public purpose (e.g., utility, drainage, public access).
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.
A legal agreement between a property owner and an appropriate
conservation organization or governmental entity, through which the
property owner establishes certain use restrictions over all or portions
of the property for conservation purposes.[5]
A professional engineer, registered in Pennsylvania.
An addition to the floor area of an existing building, an
increase of size of another structure, or an increase in that portion
of a lot occupied by an existing use.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 9-5-2017 by Ord.
No. 2017-3]
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added 9-5-2017 by Ord.
No. 2017-3]
A family is:
[Amended 9-18-1998 by Ord. No. 98-2; 3-3-2003 by Ord. No.
2003-2]
A single person occupying a dwelling unit;
Two or more individuals living together on a
nontransient basis as a single housekeeping unit and doing their cooking
on the premises, when said individuals are related by blood, marriage,
or adoption, including foster children and including not more than
two boarders, roomers, or lodgers;
A maximum of five children or adults requiring
special care or supervision who are under the twenty-four-hour or
full-time care of resident parents or persons acting in loco parentis
(i.e., the occupants of a group home as defined in this chapter);
or
Not more than three individuals not related
living together as a single housekeeping unit and doing their cooking
in one kitchen on the premises.
A single-family detached dwelling where day-care services
are provided for as many as, but not more than, six individuals, none
of whom need be a relative of the caregiver, in accordance with Pennsylvania
Department of Public Welfare regulations.[6]
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh, or masonry, singly or
in combination with other materials, 2Â 1/2 feet high or higher,
erected to secure or divide one property from another or part of a
property from a remaining part, to assure privacy, to protect the
property so defined, or to enclose all or part of the property; a
freestanding masonry wall is considered a fence.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
See the definition of "lot, interior" in this § 170-201.
[Added 3-3-2003 by Ord. No. 2003-2]
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage, and required open space to the regulations
established in any one residential district created, from time to
time, under the provisions of this chapter.
A general and temporary inundation of normally dry land from
the overflow of streams, rivers, or other waters.
That portion of the floodplain outside the floodway.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added 9-5-2017 by Ord.
No. 2017-3]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 9-5-2017 by Ord.
No. 2017-3]
The highest level of flooding that, on the average, is likely
to occur every 100 years, i.e., that has a one-percent chance of occurring
each year, as delineated by maps and related materials developed by
the Federal Emergency Management Agency for the National Flood Insurance
Program.
A relatively flat or low land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation or runoff of
surface waters from any source.
Standards set forth under § 170-401 to minimize the hazards and damage resulting from flooding.
[Added 9-5-2017 by Ord.
No. 2017-3]
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduces
or eliminates flood damage to real estate or improved real property,
lands, water and sanitary facilities, structures, and contents of
buildings.
[Amended 9-5-2017 by Ord.
No. 2017-3]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Added 9-5-2017 by Ord.
No. 2017-3]
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. In particular, floor area
includes, but is not limited to, the following:
Basement space, as defined herein.
Elevator shafts, stairwells, and attic space
(whether or not a floor has been laid) providing structural headroom
of eight feet or more.
Roofed terraces, exterior balconies, breezeways,
or porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes,
no matter where located within the building.
Accessory buildings, excluding space used for
off-street parking or for loading berths.
Any other floor space not specifically excluded,
but excluding space used for air-conditioning machinery or cooling
towers and similar mechanical equipment serving the building and cellar
space.
The ratio of the total building floor area to the lot area.
For example, on a one-hundred thousand-square-foot lot, with a maximum
floor area ratio of 0.4:1.0, the maximum total building floor area
shall be 40,000 square feet, therefore allowing two stories of 20,000
square feet each. Space used for vehicle parking that is in a basement
level shall not be counted towards the floor area when determining
the floor area ratio.
[Amended 10-15-2001 by Ord. No. 2001-7]
The illumination on a surface one square foot in area on
which there is a uniformly distributed flux of one lumen, or the illumination
produced on a surface, all points of which are at a distance of one
foot from a directionally uniform point source of one candela.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural practices, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development. Forestry specifically
does not include clear-cutting.
[Added 3-3-2003 by Ord. No. 2003-2]
See "dwelling, dwelling unit."
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenants of the premises.
An accessory structure, not greater than 250 square feet,
for the storage of garden or lawn equipment, or used as a workshop.
An energy generating system that uses the Earth's thermal
properties, in conjunction with electricity, to provide for the heating
and cooling of buildings.
[Added 2-17-2015 by Ord.
No. 2015-3]
A tract of land for playing golf, improved with tees, greens,
fairway, and hazards, and which may include clubhouse and shelters.
The total area of a lot or tract as described in the deed
of record for the lot or tract and lying within existing property
lines prior to subdivision or land development.
The total floor area of any building or structure in which
some or all spaces are leased.
A residential facility used as living quarters by a maximum
of five unrelated persons, consisting of children or adults requiring
special care and their attending supervisors. A group home is specifically
designed to create a single-family residential setting. The individuals
requiring special care must be deemed permanent residents and their
supervisors must provide twenty-four-hour or full-time equivalent
coverage of the facility. A group home in a residential district shall
not be used for meetings of staff who are not on duty.
[Amended 9-8-1998 by Ord. No. 98-2; 3-3-2003 by Ord. No. 2003-2]
A building's vertical measurement from the mean level of
the ground surrounding the building to the highest point of the roof,
provided that chimneys, spires, towers, elevator and other unoccupied
utility penthouses, tanks, and similar projections shall not be included
in calculating the height.[7]
The vertical distance as measured:
Within the context of this chapter, all buildings, sites,
structures, objects and districts identified on the Westtown Township
Historic Resources Map.
[Added 3-7-2016 by Ord.
No. 2016-2]
A map adopted as part of this chapter showing historic properties
and their respective classifications and maintained by the Westtown
Township Historical Commission.
[Added 3-7-2016 by Ord.
No. 2016-2]
[Amended 11-4-1996 by Ord. No.
96-17]
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places under a Commonwealth of Pennsylvania historic preservation
program which has been approved by the Secretary of the Interior;
or
Individually listed on a Township inventory
of historic places under a historic preservation program that has
been certified either:
A building, or a portion of a building, used for the shelter
of horses belonging to the landowner or tenant residing on the property.
A building or buildings including rooms rented out to persons
as transient and temporary living quarters. Any such use that customarily
involves the housing of persons for periods of time longer than 30
days shall be considered a boardinghouse and shall meet the requirements
of that use.
[Added 3-3-2003 by Ord. No. 2003-2]
The ratio of the total impervious surface area on a lot to
the total lot area on which it is located.
Area covered by roofs, paving and other man-made materials
that have a coefficient of runoff of 0.8 or greater. For the purposes
of determining compliance with this chapter, stone surfaces routinely
used for vehicle parking and movement shall be considered impervious.
[Amended 3-3-2003 by Ord. No. 2003-2]
A cultural, educational, recreational, therapeutic, rehabilitative
or similar lawful use, including, but not limited to, properties with
six or more unrelated persons in residence and, where necessary to
serve such use, twenty-four-hour or full-time equivalent professional
supervision. The term "institutional use" shall not include a religious
use, primary or secondary school, day-care center, or residential
care facility for senior citizens.
[Amended 9-8-1998 by Ord. No. 98-2; 3-3-2003 by Ord. No. 2003-2; 5-2-2005 by Ord. No. 2005-4]
A development containing townhouses which includes parking
areas and internal drives, and in which a designated portion of the
tract is set aside as open space.
An area of land, with or without buildings, which is used
for the storage, outside a completely enclosed building, of used and
discarded materials, including but not limited to: waste paper, rags,
metal, building materials, house furnishings, machinery, vehicles,
or parts thereof, with or without the dismantling, processing, salvage,
sale, or other use or disposition of the same. The deposit or storage
on a lot of two or more unlicensed, wrecked, or disabled vehicles,
or the major parts thereof, shall be deemed a junkyard.
Any building, structure, enclosure, or premises where four
or more dogs or cats, six months of age or older, are kept for commercial
boarding, pet day care, breeding, sales and/or sporting purposes.
[Amended 4-4-2022 by Ord. No. 2022-03]
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing, and experimentation,
but not including the manufacture of products for sale, except as
an accessory use.
A natural body of water, containing a permanent pool of water
a minimum of six feet in depth, with side slopes which must be steeper
than 10:1. A lake or pond may be utilized for stormwater management
purposes.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups, or other
features.
A subdivision of land. Those activities described
in Section 503(1.1) of the Act [53 P.S. § 10503(1.1)] shall
not be considered land developments for purposes of this chapter.
The horses, cattle, sheep, and other useful animals kept
or raised on an agricultural property or on any property meeting the
provisions of this chapter.
A parcel of land, undivided by any street or dedicated future
street right-of-way. 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 acreage contained within the property lines of a lot,
as defined in the deed or as shown on an approved subdivision plan.
For purposes of compliance with minimum lot area requirements, the
following shall be excluded:
[Amended 3-3-2003 by Ord. No. 2003-2]
Any area used for gas, oil, natural gas, electric,
water, or communications transmission facilities, whether below or
above ground, that do not serve the lot or lots traversed.
Any area within a street or other transportation
right-of-way, existing or proposed.
Any area within a permanent drainage easement.
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 tangents to the curve at the points of intersection of the lot lines with the street intersect at an interior angle of less than 135°. Each yard abutting a street shall be considered a front yard. On a corner lot, any yard not considered a front yard shall be regulated as a side yard. Corner lots shall be subject to the provisions of § 170-1502H.
[Amended 3-3-2003 by Ord. No. 2003-2; 5-2-2005 by Ord. No.
2005-4]
A lot which does not meet the minimum lot width requirement
as measured at the minimum building setback line. This term may include
a lot that has a narrow portion of the lot connecting the street right-of-way
with the wider portion of the lot.
[Amended 3-3-2003 by Ord. No. 2003-2]
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the lot line for such portion of the lot as abuts such street shall
be deemed to be the same as the street line, and shall not be the
center line of the street, or any other line within the street line
even though such may be the property boundary line.
The lot line abutting any street and coinciding with any
street line. In the case of a corner lot, each of the two (or more)
street-abutting lot lines shall be considered a front lot line. In
the case of an interior lot, the front lot line shall be the line
most parallel and closest to the street line at the end of the access
strip; all other lines shall be side or rear lot lines.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line. In the case of a corner lot, any
lot line that is neither a front lot line nor a side lot line.
Any lot line not a front or rear lot line; in the case of
a corner lot, any lot line that intersects a front lot line shall
be considered a side lot line.
A lot extending between and having frontage on an arterial
or collector street and a local street, with vehicular access solely
from the local street.
The distance in feet between the side lot lines, measured
at the street line or along a line parallel to the street line at
the building setback line.
The distance between the side lot lines measured at the minimum
building setback line, as opposed to the proposed building setback
line.
[Added 3-3-2003 by Ord. No. 2003-2]
The distance in feet between the side lot lines measured
along the street line.
[Added 3-3-2003 by Ord. No. 2003-2]
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 other than a basement
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 the National
Flood Insurance Program (Regulations for Floodplain Management and
Flood Hazard Identification), Federal Emergency Management Agency,
and this chapter.
[Amended 9-5-2017 by Ord.
No. 2017-3]
Germinated grain including, but not limited to, barley, wheat,
and rye.
[Added 9-6-2016 by Ord.
No. 2016-5]
An agricultural use that produces malt and malt products
such as food and beverages that contain malt.
[Added 9-6-2016 by Ord.
No. 2016-5]
A designated area on an agriculturally zoned property for
the retail sale and consumption of malt and malt products.
[Added 9-6-2016 by Ord.
No. 2016-5]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent only (park) or for rent or
sale (subdivision).
A facility designed to use anaerobic digestion processes
to convert livestock and poultry manure into biogas, which is generally
burned on-site to produce electricity, heat, and water, as well as
to manage livestock and poultry manure. Manure digesters may include
"co-digestion" in which the livestock and poultry manure may be mixed
with other organic materials. Types of manure digesters include covered
anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant sites, structures
and buildings, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
[Added 2-17-2015 by Ord.
No. 2015-3]
A type of personal service dedicated to health care and healing,
including related support facilities. Such uses include, but are not
necessarily limited to, offices of medical professionals (e.g., medical
doctors and specialists, dentists, orthodontists, psychologists, psychiatrists,
ophthalmologists, optometrists, chiropractors), clinics, facilities
for physical therapy and rehabilitation, medical testing centers,
and medical laboratories.
[Added 7-16-2018 by Ord.
No. 2018-01]
Any individual, such individual's brothers and sisters, the
brothers and sisters of such individual's parents and grandparents,
the ancestor and lineal decedents of any of the foregoing, a spouse
of any of the foregoing and the estate of any of the foregoing. Individuals
related by the half blood or legal adoption shall be treated as if
they were related by the whole blood.
[Added 5-6-2019 by Ord.
No. 2019-02]
Panels with rotors with a diameter of one foot or less, meant
for areas with low-to-moderate wind speeds.
[Added 2-17-2015 by Ord.
No. 2015-3]
A parabolic ground-based or roof-mounted reflector, together
with its pedestal and any other attachments and parts thereof, commonly
referred to as a dish-shaped antenna, used or intended to receive
radio or electromagnetic waves from an overhead satellite.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring, or mechanical
or other work affecting public health or general safety.
A transportable, single-family dwelling, intended for permanent
occupancy contained in one unit, or in two or more units designed
to be joined into one integral unit 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 U.S. Department of Housing
and Urban Development. For floodplain management purposes, the term
"mobile home" includes "manufactured home," and also includes "park
trailer," "travel trailer," and other similar vehicles placed on a
site for greater than 180 consecutive days. Outside of the Special
Flood Hazard Area, this term shall not apply to a modular dwelling
unit that meets the International Building Code and which is supported
by a perimeter foundation.
[Amended 3-3-2003 by Ord.
No. 2003-2; 9-5-2017 by Ord. No. 2017-3]
A lot occupied by two or more mobile homes, which may include
the lease of mobile/manufactured homes and/or spaces for mobile/manufactured
homes on the lot to individual households. For the purposes of this
chapter, the terms mobile home park and manufactured home park shall
have the same meaning, and the terms mobile home and manufactured
home shall have the same meaning.
[Amended 3-3-2003 by Ord. No. 2003-2]
A generally standard construction dwelling unit, in which
some or all of the structural, skin, or service units (kitchen, baths)
are manufactured off-site by factory methodology, transported to the
site, and tied in and erected on foundation and prepared on-site.
The term includes module, pre-fab, factory-built, panel-built, etc.
This term shall include a dwelling unit that meets the International
Construction Code or its successor code and which is supported by
a perimeter foundation.[8]
[Amended 3-3-2003 by Ord. No. 2003-2]
A building, or a group of two or more detached or semidetached
buildings, containing rooms having entrances provided directly or
closely in connection with automobile parking or storage space serving
such rooms, which building or group of buildings is designed, intended,
or used principally to provide sleeping accommodations for travelers,
and is suitable for occupancy at all seasons of the year.
Structures for which the start of construction commenced
on or after effective start date of this floodplain management regulation,
and includes any subsequent improvements to such structures. For floodplain
management purposes, new construction means structures for which the
start of construction commenced on or after the effective start date
of this floodplain management regulation and includes any subsequent
improvements to such structures. Any construction started after June
1, 1977, and before the effective start date of this floodplain management
regulation is subject to the ordinance in effect at the time the permit
was issued, provided the start of construction was within 180 days
of permit issuance.
[Amended 11-4-1996 by Ord. No. 96-17; 9-5-2017 by Ord. No. 2017-3]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Added 9-5-2017 by Ord.
No. 2017-3]
A building or other structure, use, lot, or sign which, by
reason of design, size, or use, does not conform with the requirements
of the district or districts in which it is located, or with other
applicable provisions of this chapter. However, no existing use shall
be deemed nonconforming solely because of either of the following:
the existence of less than the required off-street parking or loading
conditions; or the existence of less than the required compliance
with the general and supplemental regulations of this chapter, other
than those regarding signs.[9]
Plant material that is undesirable or offensive due to unsightliness,
threats to health, or prolific and uncontrollable growth. For purposes
of this chapter, noxious vegetation shall include, but not be limited
to, ragweed, multiflora rose, Canada thistle, Japanese honeysuckle,
and Oriental bittersweet.
A facility, generally operated for compensation, which provides
lodging, board, and nursing care to sick, invalid, infirm, disabled,
or convalescent persons.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area,
which may impede, retard, or change the direction of the flow of water
either in itself or by catching or collecting debris carried by such
water, or which is placed where the flow of the water might carry
the same downstream to the damage of life and property.
Any structure occupied or intended to be occupied as a residence
or place of work or other regular human activity, including such structures
which are temporarily vacant. Structures used principally for storage,
or otherwise not frequented by humans more than occasionally and for
brief periods of time, shall not be considered occupied.
[Added 2-17-2015 by Ord.
No. 2015-3]
The disposal of sewage beyond the confines of the lot or
tract, by use of a sanitary sewer system served by a central sewage
treatment facility approved by all governmental agencies having jurisdiction
over such matters.
A safe, adequate, and healthful supply of water to more than
one user from a common source, located beyond the confines of the
lot or tract, approved by all governmental agencies having jurisdiction
over such matters.
See "flood, one-hundred year."
The disposal of sewage by use of individual or community
cesspools, septic tanks, tile disposal fields, land application systems,
or other safe and healthful means within the confines of the lot or
tract on which the use is located, when approved by all governmental
agencies having jurisdiction over such matters.
A safe, adequate, and healthful supply of water to a single
user or tract from a private well, located within the confines of
the lot or tract, which is approved by all governmental agencies having
jurisdiction over such matters.
A type of geothermal heating and/or cooling system that utilizes
a water supply, well, or other source, and a pump to deliver groundwater
to a heat exchanger. The discharge water from the heat exchanger may
be returned to the subsurface through a recharge well or infiltration
bed, or may be discharged into a pond, lake, or stream.
[Added 2-17-2015 by Ord.
No. 2015-3]
Area or areas 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, including agricultural activities as permitted herein,
but not including individually owned private yards.
An area of common open space within a residential development
that is suitable, in terms of location, land characteristics, size,
etc., for active recreation.
See "outdoor wood-fired boiler."
[Added 2-17-2015 by Ord.
No. 2015-3]
A fuel-burning device in which all of the following applies:
[Added 2-17-2015 by Ord.
No. 2015-3]
Has a rated thermal output of less than 350,000 Btu per hour.
The manufacturer designs or specifies the device for outdoor
installation or installation in structures not normally intended for
habitation by humans or domestic animals, including structures like
garages and sheds.
Heats building space or a fluid, or both, through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and approved, nontoxic antifreeze.
A special use district, either graphically depicted on the
Zoning Map or described by meets and bounds, whose uses, conditional
or by right, are permitted in the base zoning district.
Pennsylvania Department of Environmental Protection or its
successor agency.
[Added 3-3-2003 by Ord. No. 2003-2]
A space located off the public right-of-way, designed and
designated for parking a motor vehicle.
As defined by 49 CFR 195.2 and 192.3.
[Added 7-17-2017 by Ord.
No. 2017-2]
The Planning Commission of Westtown Township.
Where at least 51% of the actual cash value of a structure,
less land value, is above ground.
Offices where services are provided that require specialized
training or professional certification and where no goods or merchandise
are sold or exchanged, except for those directly related to the service
provided, including but not limited to accountant, appraiser, attorney,
architect, financial planner, landscape architect and engineer, but
excluding medical uses.
[Added 11-7-2016 by Ord.
No. 2016-6; amended 4-4-2022 by Ord. No. 2022-03]
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 any hearing or meeting and the particular
nature of the matter to be considered at the hearing or meeting. 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
or meeting.
See "dwelling, dwelling unit."
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.
A vehicle which is:
[Added 10-16-2006 by Ord. No. 2006-3]
Built on a single chassis;
not more than 400 square feet, measured at the
largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck;
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
Recreational pursuits which can be carried out with little
alteration or disruption in the area in which they are performed.
Such uses include, but are not limited to, hiking, biking, and picnicking.
A facility established and/or operated by Westtown Township,
by Chester County, or by a nonprofit or citizens' organization for
the collection and/or processing of recyclable materials such as glass,
paper, aluminum, or plastic; such facility may accept recyclables
by donation, redemption, or purchase, and may separate or process
such materials for reuse or for sale as raw material for use in the
manufacture of a new product.
The restocking of an area with forest trees, including natural
regeneration as well as tree planting.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1Â 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.[10]
[Added 9-5-2017 by Ord.
No. 2017-3]
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great grandparent,
grandchild, great grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or cousin.
[Added 3-3-2003 by Ord. No. 2003-2]
A building and surrounding land used primarily for religious
and/or spiritual worship by a group of 10 or more persons at a time
and that is operated for nonprofit and noncommercial purposes. The
only residential use that may occur on the same lot as a religious
use shall be a maximum of two dwelling units. A religious use shall
include, but not be limited to, a church, synagogue, temple or mosque.
A religious use may include customary accessory uses.
[Amended 3-3-2003 by Ord. No. 2003-2]
An energy system which makes use of recurring natural resources
or byproducts to produce energy without consuming nonrenewable resources
or causing significant disturbance to natural systems. Renewable energy
systems include, but are not limited to, geothermal, solar, and wind
energy systems, as well as manure digesters and outdoor wood-fired
boilers (OWBs). Such systems are usually independent of the primary
utility supplied energy system but may be connected thereto.
[Added 2-17-2015 by Ord.
No. 2015-3]
An establishment where horses are boarded and cared for and
where instruction in riding, jumping, and showing is offered and the
general public may, for a fee, hire horses for riding.
A strip of land acquired by reservation, dedication, prescription,
or condemnation, and intended to be occupied or occupied by a road,
crosswalk, railroad, electric transmission lines, oil or gas pipeline,
water line, sanitary or storm sewer, and other similar uses; generally,
the right of one to pass over the property of another.
EXISTING RIGHT-OF-WAYThe legal road right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width in this chapter and Chapter 149, Subdivision and Land Development, for future circulation improvements. The future right-of-way shall be measured equal distance from the center line of the existing cartway.
CARTWAYThe paved area of a road right-of-way, including width intended for vehicular movement and on-street parking, but not including shoulders.
An educational use, including college; public, private, or
parochial elementary or secondary school; or other educational institution
for academic instruction, but not including a business or trade school,
dance studio, or similar use.
An educational institution licensed by the State Department
of Education that primarily provides education between the grades
of Kindergarten and 12th grade.
[Added 3-3-2003 by Ord. No. 2003-2]
See "buffer."
A geographical area or portion of a tract that is proposed
for flexible development and which is to be developed in accordance
with a timetable for development that is included as part of the applicant's
development plan.
The felling of certain, but not all, trees in an area for
the purposes of removing dead, diseased, damaged, mature, or marketable
timber; improving the quality of a tree stand or species; or meeting
personal domestic needs.
See "building setback line."
Any name, nameplate, poster, panel, display, illustration,
structure, or device used for visual communication which is affixed,
painted, or represented directly or indirectly upon a building or
other outdoor surface for the purpose of bringing the subject thereof
to the attention of the public or advertising a business, commodity,
service, or product or for identifying a business structure or use
of land.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
Energy which has been converted, through the use of a solar
energy system, from sunlight into usable electricity or to heat air,
water, or other fluids for use in hot water or space heating, or other
applications.
[Added 2-17-2015 by Ord.
No. 2015-3]
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user, or which
is to be sold to a utility company to be used by others, or sold directly
to other users. Particular types of solar energy systems include,
but are not limited to:
[Added 2-17-2015 by Ord.
No. 2015-3]
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
[Added 9-5-2017 by Ord.
No. 2017-3]
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace or other fuel-burning device,
especially that part of a structure extending above a roof.
[Added 2-17-2015 by Ord.
No. 2015-3]
One or more sections on which an applicant proposes to commence
development at the same time, as part of a timetable for development
over a period of years.
[Amended 9-5-2017 by Ord. No. 2017-3]
The date of issuance of a building permit, provided that the
actual start of construction, repair, reconstruction, placement, or
other improvement was within 90 days of the permit date. The "actual
start" means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work
beyond the state of excavation; or the placement of a manufactured
home on a foundation. 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 the
installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure.
For floodplain management purposes, start of construction includes
substantial improvement and other proposed new development and means
the date the permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days after the date of the permit and shall
be completed within 12 months after the date of issuance of the permit
unless a time extension is granted, in writing, by the floodplain
administrator. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and 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 part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.[11]
A man-made, relatively shallow depression installed for the
purpose of collecting and controlling the flow of stormwater runoff.
Such basins shall be designed for one-hundred-year storm volumes and
rates, and shall have side slopes no greater than 3:1.
That portion of a building comprised between the surface
of any floor and the surface of any floor or roof next above, exclusive
of any basement or cellar.
A right-of-way intended for general public use to provide
means of approach for vehicles and pedestrians. The word "street"
includes the words "road," "highway," "thoroughfare," and "way." Streets
shall be further classified as:
ARTERIALA street serving the heaviest volumes of traffic (comparatively high-speed and long-distance) in the Township, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation; providing the highest degree of vehicular mobility; and/or involving controls on access.
COLLECTORA street designed and located to provide means of access to traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
LOCALA street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.
SERVICE (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
[Amended 12-5-1994 by Ord. No. 94-6]
The dividing line between the street and the lot. The street line shall be the same as the future right-of-way line as defined by this chapter and Chapter 149, Subdivision and Land Development.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, anchorage or other
protection. Such arrangement shall have a permanently fixed location
in or on the ground. Structures include, but are not limited to, primary
and accessory buildings, open sheds and similar enclosures with less
than four walls and/or a roof, signs, fences or walls over six feet
in height, detached aerials and antennas, decks, porches, platforms,
recreational courts, swimming pools, tents, tanks, and towers. For
floodplain management purposes, a structure is defined as a walled
and roofed building, including a gas or liquid storage tank that is
principally aboveground, as well as a manufactured home.
[Amended 9-5-2017 by Ord.
No. 2017-3; 11-7-2022 by Ord. No. 2022-09]
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
See definition of "subdivision" in Chapter 149, Subdivision and Land Development.
[Amended 8-6-2001 by Ord. No. 2001-5]
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.
[Amended 11-4-1996 by Ord. No. 96-17]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or cumulative substantial damage regardless of the actual repair work
performed. The term does not, however, include:
[Amended 9-5-2017 by Ord.
No. 2017-3]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
Any alteration of a structure listed in the National Register
of Historic Places or the Pennsylvania Inventory/Register of Historic
Places.[12]
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 7-17-2017 by Ord.
No. 2017-2]
A public or private recreational facility with a fee structure,
comprised of a swimming pool or other water-filled enclosure permanently
constructed and designed, used, and maintained for recreational swimming
and bathing; included may be tennis courts or other recreational activities,
snack bars, clubhouses, and shelter commonly associated with such
facilities.
Natural and friable loam containing sufficient humus and
nutrients to support plant growth.[13]
see "dwelling, dwelling unit.
The Township of Westtown, Chester County, Pennsylvania.
One or more lots assembled and presented as a single property
for purposes of subdivision or land development.
The net acreage of a tract, contained within the property lines of the tract, calculated for purposes of establishing the maximum density or intensity of use on any tract proposed for subdivision or land development. Tract area shall be determined through compliance with the terms of § 170-1519 of this chapter.
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 transmission of a "hazardous liquid,"
as defined by 49 CFR 195.2.
[Added 7-17-2017 by Ord.
No. 2017-2]
See "dwelling, dwelling unit."
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained, or
occupied; or any activity, occupation, business, or operation carried
on or intended to be carried on in a building or other structure or
on a tract of land.
See "wind energy system."
[Added 2-17-2015 by Ord.
No. 2015-3]
A professional use operated by a doctor of veterinary medicine
used for the diagnosis, care, and treatment of domesticated animals,
including dogs, cats, rabbits, reptiles, and birds, which may include
the provision for a medical laboratory and operating theater, and
where the boarding of animals for medical reasons is incidental to
the medical facility use. The overnight boarding of healthy animals
shall be considered a kennel.
[Added 4-4-2022 by Ord. No. 2022-03]
The relative ability to see a given object from a designated
location. Views shall be further classified as:
UNOBSTRUCTEDThe ability to see most or all of the object; specifically, where more than 80% of the object is visible.
FILTEREDThe ability to see some of the object; specifically, where 20% to 80% of the object is visible.
HIDDENThe ability to see little or none of the object; specifically, where less than 20% of the object is visible.
For floodplain management purposes, a violation means the
failure of a structure or other development to be fully compliant
with the community's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR § 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to
be in violation until such time as that documentation is provided.
[Added 9-5-2017 by Ord.
No. 2017-3]
A building containing a minimum of 30% of the gross floor
area used for multiple visual arts uses, including but not limited
to: ceramics, drawing, painting, sculpture, printmaking, design, crafts,
photography, video, audio, filmmaking and architecture. Also included
in the visual arts are the applied arts, which include but are not
limited to: industrial design, graphic design, fashion design, interior
design and decorative art. A VAC may also include accessory uses such
as: an educational or classroom component, production or recording
studio, a movie theater, a visual art display gallery, gift shop,
concession stand, snack bar and cafe. A building containing a VAC
may incorporate a visual communication technology (VCT) on the exterior
of the building.
[Added 12-16-2013 by Ord. No. 2013-6]
A means or method of communicating visual messaging using
various forms of technology including, but not limited to: light emitting
diodes, fiber optics, projection technology or other similar forms
of illumination. A VCT may only be used as part of a VAC use and shall
be directly incorporated into the exterior of a building facade of
a VAC use.
[Added 12-16-2013 by Ord. No. 2013-6]
The temporary storage of goods and materials within a building,
generally for subsequent distribution to other locations and not involving
retail activities.
The upper surface of a zone of saturation except where that
surface is formed by an impermeable body.[14]
Those areas inundated or saturated by surface 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; or as further defined
and delineated by the United States Army Corps of Engineers, the United
States Environmental Protection Agency, or the Pennsylvania Department
of Environmental Protection.
An energy conversion system, typically consisting of a wind
turbine, a tower, blades and associated controls and appurtenances
(including electrical infrastructure and transmission lines), that
converts wind energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user, and/or which is to
be sold to a utility company to be used by others, and/or sold directly
to other users. Wind energy systems include windmills where the energy
is used directly and not converted into electricity.
[Added 2-17-2015 by Ord.
No. 2015-3]
The distance measured from the ground surface of the wind
energy system tower base to the highest point of the wind energy blade
tip when extended upwards at 90° from the surface of the ground
or any other higher point of the wind energy system.
An ecosystem characterized by a more or less dense and extensive
tree cover; more particularly, a plant community consisting predominantly
of healthy trees and other woody vegetation, well-stocked and growing
more or less closely together.
A description, by means of text and map(s), of proposed actions
involving the removal of trees from a tract of land. Such plan shall
be prepared by a person(s) with demonstrable expertise in forest management,
and shall document measures to be taken to protect water quality;
to minimize impacts from skid trails and logging roads, landing areas,
and the tree removal process; and to assure site restoration.
An open, unoccupied space on the same lot with a building
or other structure or use.
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any part of a structure on the lot. On a corner lot, the
Zoning Officer shall have the authority to determine which yard is
the front yard, based upon the predominate pattern in the area.
[Amended 3-3-2003 by Ord. No. 2003-2]
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any part of a structure on the lot.
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any part of a structure on the lot.
The Zoning Hearing Board of Westtown Township.
A map of Westtown Township indicating the location of boundaries
for each zoning district.
The municipal officer charged with enforcing the literal
terms of this chapter and the representative agent of the Zoning Hearing
Board.
[1]
Editor's Note: The former definition of "antenna," added 6-15-2015 by Ord. No. 2015-6, which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[2]
Editor's Note: The former definitions of "communication tower,"
as amended, and "co-location," which immediately followed this definition,
were repealed 2-17-2015 by Ord. No. 2015-3 and 4-4-2022 by Ord. No. 2022-04, respectively.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[4]
Editor's Note: The former definition of "distributed antenna
systems (DAS)," added 6-15-2015 by Ord. No. 2015-6, which immediately followed this
definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[5]
Editor's Note: The former definition of "emergency," added 6-15-2015 by Ord. No. 2015-6, which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[6]
Editor's Note: The former definition of "FCC," added 6-15-2015 by Ord. No. 2015-6, which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[7]
Editor's Note: The former definition of "height of a tower-based
WCF," added 6-15-2015 by Ord. No.
2015-6, which immediately followed this definition,
was repealed 4-4-2022 by Ord. No. 2022-04.
[8]
Editor's Note: The former definition of "monopole," added 6-15-2015 by Ord. No. 2015-6, which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[9]
Editor's Note: The former definition of "non-tower wireless
communications facility (non-tower WCF)," added 6-15-2015 by Ord. No. 2015-6, which immediately
followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[10]
Editor's Note: The former definition of "related equipment,"
added 6-15-2015 by Ord. No. 2015-6, which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[11]
Editor's Note: The former definition of "stealth technology,"
added 6-15-2015 by Ord. No. 2015-6, which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[12]
Editor's Note: The former definition of "substantially change"
or "substantial change," added 6-15-2015 by Ord. No. 2015-6, which immediately
followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[13]
Editor's Note: The former definition of "tower-based wireless
communications facility (tower-based WCF)," added 6-15-2015 by Ord. No. 2015-6,
which immediately followed this definition, was repealed 4-4-2022 by Ord. No. 2022-04.
[14]
Editor's Note: The former definitions of "WBCA," "wireless,"
"wireless communications facility (WCF)," "wireless communications
facility applicant (WCF applicant)," and "wireless support structure,"
all added 6-15-2015 by Ord. No.
2015-6, which immediately followed this definition,
were repealed 4-4-2022 by Ord. No. 2022-04.
